Texas 2023 - 88th Regular

Texas House Bill HB4692 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R20129 BEE-F
2	2	By: Morrison H.B. No. 4692
3	3	Substitute the following for H.B. No. 4692:
4	4	By: Ashby C.S.H.B. No. 4692
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the unlawful sale or purchase of shark fins or shark fin
10	10	products; creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 66.2161, Parks and Wildlife Code, is
13	13	amended to read as follows:
14	14	Sec. 66.2161. SALE OR PURCHASE OF SHARK FINS OR SHARK FIN
15	15	PRODUCTS; OFFENSE. (a) In this section:
16	16	(1) "Destroy" means, with respect to a shark fin, to
17	17	denature the fin for the purpose of rendering the fin inedible.
18	18	(2) "Place of business" has the meaning assigned by
19	19	Section 47.001.
20	20	(3) "Sale" includes barter and exchange.
21	21	(4) "Shark" means any species of the subclass
22	22	Elasmobranchii.
23	23	(5) [(2)] "Shark fin" means the fresh and uncooked, or
24	24	cooked, frozen, dried, or otherwise processed, detached fin or tail
25	25	of a shark.
26	26	(b) A person may process in a place of business or
27	27	restaurant a shark carcass into steaks or fillets only if:
28	28	(1) the steaks and fillets do not contain any portion
29	29	of a shark fin; and
30	30	(2) each of the shark's fins is destroyed and discarded
31	31	in the manner prescribed by the department immediately on detaching
32	32	the fins from the remainder of the carcass.
33	33	(c) A person commits an offense if the person:
34	34	(1) fails to immediately destroy and discard a shark
35	35	fin as required by Subsection (b) or otherwise violates that
36	36	subsection;
37	37	(2) buys or offers to buy, sells or offers to sell,
38	38	possesses [may not buy or offer to buy, sell or offer to sell,
39	39	possess] for the purpose of sale, transports or ships [transport,
40	40	or ship] for the purpose of sale, or advertises for sale [barter, or
41	41	exchange] a shark fin regardless of where the shark was taken or
42	42	caught; or
43	43	(3) violates a proclamation or rule adopted under this
44	44	section.
45	45	(d) Except as provided by Subsection (e), an offense under
46	46	this section is a Class B Parks and Wildlife Code misdemeanor.
47	47	(e) An offense under this section is a Class A Parks and
48	48	Wildlife Code misdemeanor if it is shown on the trial of the offense
49	49	that the defendant has previously been convicted of an offense
50	50	under this section during the five-year period preceding the date
51	51	of the trial of the current offense.
52	52	(f) Each shark fin a person purchases or possesses for the
53	53	purpose of sale in violation of this section constitutes a separate
54	54	offense.
55	55	(g) For purposes of Subsection (c)(2), proof that the
56	56	person possessed a shark fin, other than a shark fin that has been
57	57	destroyed, in a place of business or restaurant or on any commercial
58	58	vessel on the waters of this state is prima facie evidence that the
59	59	person possessed the shark fin for the purpose of sale.
60	60	(h) For purposes of Subsection (c)(2), proof that the
61	61	person advertised for sale a shark fin, a product containing shark
62	62	fin, or a product represented to be or to contain shark fin is prima
63	63	facie evidence that the person offered a shark fin for sale.
64	64	[(c) A person may buy or offer to buy, sell or offer to sell,
65	65	possess for the purpose of sale, transport, or ship for the purpose
66	66	of sale, barter, or exchange a shark carcass that retains all of its
67	67	fins naturally attached to the carcass through some portion of
68	68	uncut skin.]
69	69	(i) [(d)] Notwithstanding Subsection (c)(2) [(b)], the
70	70	department may issue a permit for the possession, transport, sale,
71	71	or purchase of shark fins for a bona fide scientific research
72	72	purpose. Subsection (c)(2) does not apply to a person who
73	73	possesses, transports, sells, or purchases a shark fin in
74	74	accordance with a permit issued under this subsection.
75	75	(j) [(e)] When a person is charged with an offense under
76	76	[violating] this section, the warden or other peace officer shall
77	77	seize and hold [the shark fin] as evidence the shark fin, product
78	78	containing shark fin, or product represented to be or to contain
79	79	shark fin. Notwithstanding Section 12.109, on a final court
80	80	ruling, the department shall destroy the shark fin, product
81	81	containing shark fin, or product represented to be or to contain
82	82	shark fin.
83	83	(k) The commission may adopt rules as necessary to
84	84	administer this section.
85	85	[(f) A person may possess a shark fin if:
86	86	[(1) the person holds the appropriate state or federal
87	87	license or permit authorizing the taking or landing of a shark for
88	88	recreational or commercial purposes;
89	89	[(2) the shark fin is taken from a shark that the
90	90	person has taken or landed; and
91	91	[(3) the shark fin is taken in a manner consistent with
92	92	the person's license.]
93	93	SECTION 2. Sections 66.218(c) and (d), Parks and Wildlife
94	94	Code, are repealed.
95	95	SECTION 3. The changes in law made by this Act apply only to
96	96	an offense committed on or after the effective date of this Act. An
97	97	offense committed before the effective date of this Act is governed
98	98	by the law in effect on the date the offense was committed, and the
99	99	former law is continued in effect for that purpose. For purposes of
100	100	this section, an offense was committed before the effective date of
101	101	this Act if any element of the offense occurred before that date.
102	102	SECTION 4. This Act takes effect September 1, 2023.