2023S0241-1 03/03/23
By: Morrison H.B. No. 4692
A BILL TO BE ENTITLED
AN ACT
relating to the offense of selling or purchasing shark fins or
products containing shark fin.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 66.2161, Parks and Wildlife Code, is
amended by amending Subsections (a), (b), and (e) and adding
Subsections (a-1), (a-2), (b-3), (b-4), and (g) to read as follows:
(a) In this section:
(1) "Destroy" means, with respect to a shark fin, to
denature the fin for the purpose of rendering the fin inedible.
(2) "Place of business" has the meaning assigned by
Section 47.001.
(3) "Sale" includes barter and exchange.
(4) "Shark" means any species of the subclass
Elasmobranchii.
(5) [(2)] "Shark fin" means the fresh and uncooked, or
cooked, frozen, dried, or otherwise processed, detached fin or tail
of a shark.
(a-1) A person may process in a place of business or
restaurant a shark carcass into steaks or fillets only if:
(1) the steaks and fillets do not contain any portion
of a shark fin; and
(2) each of the shark's fins is destroyed and discarded
in the manner prescribed by the department immediately on detaching
the fins from the remainder of the carcass.
(a-2) A person commits an offense if the person fails to
immediately destroy and discard a shark fin as required by
Subsection (a-1).
(b) A person commits an offense if the person buys or offers
to buy, sells or offers to sell, possesses for the purpose of sale,
transports or ships for the purpose of sale, or advertises for sale
[may not buy or offer to buy, sell or offer to sell, possess for the
purpose of sale, transport, or ship for the purpose of sale, barter,
or exchange] a shark fin regardless of where the shark was taken or
caught.
(b-3) Each shark fin a person purchases or possesses for the
purpose of sale in violation of this section constitutes a separate
offense.
(b-4) For purposes of Subsection (b), proof that the person:
(1) possessed a shark fin, other than a shark fin that
has been destroyed, in a place of business or restaurant or on any
commercial vessel on the waters of this state is prima facie
evidence that the person possessed the shark fin for the purpose of
sale; and
(2) advertised for sale a shark fin, a product
containing shark fin, or a product represented to be or to contain
shark fin is prima facie evidence that the person offered a shark
fin for sale.
(e) When a person is charged with violating this section,
the warden or other peace officer shall seize and hold [the shark
fin] as evidence the shark fin, product containing shark fin, or
product represented to be or to contain shark fin. Notwithstanding
Section 12.109, on a final court ruling, the department shall
destroy the shark fin, product containing shark fin, or product
represented to be or to contain shark fin.
(g) The commission may adopt rules as necessary to
administer this section.
SECTION 2. Sections 66.218(c) and (d), Parks and Wildlife
Code, are transferred to Section 66.2161, Parks and Wildlife Code,
redesignated as Sections 66.2161(b-1) and (b-2), Parks and Wildlife
Code, and amended to read as follows:
(b-1) [(c)] A person who violates this section [Section
66.2161] or a proclamation or rule adopted under this [that]
section commits an offense that is a Class B Parks and Wildlife Code
misdemeanor.
(b-2) [(d)] If it is shown at the trial for a violation of
this section [Section 66.2161] or a proclamation or rule adopted
under this [that] section that the defendant has been convicted
within five years before the trial date of a violation of this
[that] section, on conviction the defendant shall be punished for a
Class A Parks and Wildlife Code misdemeanor.
SECTION 3. Sections 66.2161(c) and (f), Parks and Wildlife
Code, are repealed.
SECTION 4. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2023.