Texas 2023 - 88th Regular

Texas Senate Bill SB1839 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1839
2	2
3	3
4	4	AN ACT
5	5	relating to the unlawful sale or purchase of shark fins or shark fin
6	6	products; creating a criminal offense.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 66.2161, Parks and Wildlife Code, is
9	9	amended to read as follows:
10	10	Sec. 66.2161. SALE OR PURCHASE OF SHARK FINS OR SHARK FIN
11	11	PRODUCTS; OFFENSE. (a) In this section:
12	12	(1) "Destroy" means, with respect to a shark fin, to
13	13	denature the fin for the purpose of rendering the fin inedible.
14	14	(2) "Place of business" has the meaning assigned by
15	15	Section 47.001.
16	16	(3) "Sale" includes barter and exchange.
17	17	(4) "Shark" means any species of the subclass
18	18	Elasmobranchii.
19	19	(5) [(2)] "Shark fin" means the fresh and uncooked, or
20	20	cooked, frozen, dried, or otherwise processed, detached fin or tail
21	21	of a shark.
22	22	(b) A person may process in a place of business or
23	23	restaurant a shark carcass into steaks or fillets only if:
24	24	(1) the steaks and fillets do not contain any portion
25	25	of a shark fin; and
26	26	(2) each of the shark's fins is destroyed and discarded
27	27	in the manner prescribed by the department immediately on detaching
28	28	the fins from the remainder of the carcass.
29	29	(c) A person commits an offense if the person:
30	30	(1) fails to immediately destroy and discard a shark
31	31	fin as required by Subsection (b) or otherwise violates that
32	32	subsection;
33	33	(2) buys or offers to buy, sells or offers to sell,
34	34	possesses [may not buy or offer to buy, sell or offer to sell,
35	35	possess] for the purpose of sale, transports or ships [transport,
36	36	or ship] for the purpose of sale, or advertises for sale [barter, or
37	37	exchange] a shark fin regardless of where the shark was taken or
38	38	caught; or
39	39	(3) violates a proclamation or rule adopted under this
40	40	section.
41	41	(d) Except as provided by Subsection (e), an offense under
42	42	this section is a Class B Parks and Wildlife Code misdemeanor.
43	43	(e) An offense under this section is a Class A Parks and
44	44	Wildlife Code misdemeanor if it is shown on the trial of the offense
45	45	that the defendant has previously been convicted of an offense
46	46	under this section during the five-year period preceding the date
47	47	of the trial of the current offense.
48	48	(f) Each shark fin a person purchases or possesses for the
49	49	purpose of sale in violation of this section constitutes a separate
50	50	offense.
51	51	(g) For purposes of Subsection (c)(2), proof that the
52	52	person possessed a shark fin, other than a shark fin that has been
53	53	destroyed, in a place of business or restaurant or on any commercial
54	54	vessel on the waters of this state is prima facie evidence that the
55	55	person possessed the shark fin for the purpose of sale.
56	56	(h) For purposes of Subsection (c)(2), proof that the
57	57	person advertised for sale a shark fin, a product containing shark
58	58	fin, or a product represented to be or to contain shark fin is prima
59	59	facie evidence that the person offered a shark fin for sale.
60	60	[(c) A person may buy or offer to buy, sell or offer to sell,
61	61	possess for the purpose of sale, transport, or ship for the purpose
62	62	of sale, barter, or exchange a shark carcass that retains all of its
63	63	fins naturally attached to the carcass through some portion of
64	64	uncut skin.]
65	65	(i) [(d)] Notwithstanding Subsection (c)(2) [(b)], the
66	66	department may issue a permit for the possession, transport, sale,
67	67	or purchase of shark fins for a bona fide scientific research
68	68	purpose. Subsection (c)(2) does not apply to a person who
69	69	possesses, transports, sells, or purchases a shark fin in
70	70	accordance with a permit issued under this subsection.
71	71	(j) [(e)] When a person is charged with an offense under
72	72	[violating] this section, the warden or other peace officer shall
73	73	seize and hold [the shark fin] as evidence the shark fin, product
74	74	containing shark fin, or product represented to be or to contain
75	75	shark fin. Notwithstanding Section 12.109, on a final court
76	76	ruling, the department shall destroy the shark fin, product
77	77	containing shark fin, or product represented to be or to contain
78	78	shark fin.
79	79	(k) The commission may adopt rules as necessary to
80	80	administer this section.
81	81	[(f) A person may possess a shark fin if:
82	82	[(1) the person holds the appropriate state or federal
83	83	license or permit authorizing the taking or landing of a shark for
84	84	recreational or commercial purposes;
85	85	[(2) the shark fin is taken from a shark that the
86	86	person has taken or landed; and
87	87	[(3) the shark fin is taken in a manner consistent with
88	88	the person's license.]
89	89	SECTION 2. Sections 66.218(c) and (d), Parks and Wildlife
90	90	Code, are repealed.
91	91	SECTION 3. The changes in law made by this Act apply only to
92	92	an offense committed on or after the effective date of this Act. An
93	93	offense committed before the effective date of this Act is governed
94	94	by the law in effect on the date the offense was committed, and the
95	95	former law is continued in effect for that purpose. For purposes of
96	96	this section, an offense was committed before the effective date of
97	97	this Act if any element of the offense occurred before that date.
98	98	SECTION 4. This Act takes effect September 1, 2023.
99	99	______________________________ ______________________________
100	100	President of the Senate Speaker of the House
101	101	I hereby certify that S.B. No. 1839 passed the Senate on
102	102	April 20, 2023, by the following vote: Yeas 31, Nays 0.
103	103	______________________________
104	104	Secretary of the Senate
105	105	I hereby certify that S.B. No. 1839 passed the House on
106	106	May 6, 2023, by the following vote: Yeas 131, Nays 2, one present
107	107	not voting.
108	108	______________________________
109	109	Chief Clerk of the House
110	110	Approved:
111	111	______________________________
112	112	Date
113	113	______________________________
114	114	Governor