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S.B. No. 454
AN ACT
relating to commercial shrimp boat licenses and to the creation of a
gulf shrimp license moratorium program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 77.039, Parks and Wildlife Code, is
amended to read as follows:
Sec. 77.039. LICENSE DESIGN. (a) A commercial shrimp boat
license issued under this subchapter must be a [metal or plastic]
sign or emblem at least 32 square inches in size[,] and be
constructed of a durable material [have a different color or design
for each license period].
(b) The character[, color,] and design of each class of
commercial shrimp boat license issued under this subchapter must be
distinguishable.
SECTION 2. The heading to Subchapter F, Chapter 77, Parks
and Wildlife Code, is amended to read as follows:
SUBCHAPTER F. BAY SHRIMP LICENSE MANAGEMENT
SECTION 3. Chapter 77, Parks and Wildlife Code, is amended
by adding Subchapter G to read as follows:
SUBCHAPTER G. GULF SHRIMP LICENSE MORATORIUM
Sec. 77.151. GULF SHRIMP LICENSE MORATORIUM PROGRAM. The
department shall implement a gulf shrimp license moratorium program
to promote efficiency and economic stability in the gulf shrimping
industry.
Sec. 77.152. ISSUANCE AND RENEWAL OF COMMERCIAL GULF SHRIMP
BOAT LICENSES. (a) After August 31, 2005, the department may not
issue or renew a commercial gulf shrimp boat license unless the
person seeking to obtain or renew the license documents to the
satisfaction of the department that the vessel for which the
license is sought:
(1) is owned by the person;
(2) was licensed as a gulf shrimp boat on the day the
renewal was sought or at the end of the licensing period immediately
preceding the period for which the license is sought; and
(3) is intended to be licensed and used as a commercial
gulf shrimp boat.
(b) An applicant for a new or renewed commercial gulf shrimp
boat license for a vessel must submit to the department with the
license application:
(1) the United States Coast Guard certificate of
documentation for the vessel, if the vessel is required by United
States Coast Guard rules to be documented; and
(2) the certificate of number for the vessel as
required by Chapter 31.
Sec. 77.153. GULF SHRIMP LICENSE MORATORIUM REVIEW BOARD.
(a) The holders of commercial gulf shrimp boat licenses shall
elect a gulf shrimp license moratorium review board of nine
members.
(b) A member of the review board must be a holder of a
commercial gulf shrimp boat license.
(c) The nine members of the review board must be selected to
reflect the following geographical distribution according to the
county of residence specified on the member's commercial gulf
shrimp boat license:
(1) two members representing Orange, Jefferson,
Chambers, and Harris Counties;
(2) one member representing Galveston County;
(3) two members representing Brazoria and Matagorda
Counties;
(4) two members representing Calhoun, Aransas,
Nueces, San Patricio, and Refugio Counties; and
(5) two members representing Kleberg, Cameron, and
Willacy Counties.
(d) The review board shall advise the commission and
department and make recommendations concerning the administrative
aspects of the gulf shrimp license moratorium program, including
hardship and appeal cases concerning eligibility.
(e) The executive director shall adopt procedures for the
election and operation of the review board. The executive director
shall solicit and consider recommendations from the commercial gulf
shrimp boat license holders regarding the procedures and the
continued need for the board.
(f) The review board is not subject to Chapter 2110,
Government Code.
Sec. 77.154. PROGRAM ADMINISTRATION; RULES. (a) The
executive director shall establish administrative procedures to
carry out the requirements of this subchapter.
(b) The commission shall adopt any rules necessary for the
administration of the program established under this subchapter.
Sec. 77.155. REPORT OF PROGRAM STATUS. (a) Not later than
January 1, 2010, the department shall report to an advisory
committee appointed by the presiding officer of the commission to
address issues relating to gulf shrimp in this state.
(b) The report under Subsection (a) must include an overview
of the administration and status of the program established under
this subchapter and information concerning the sociological and
economic effects of the program.
(c) This section expires June 1, 2010.
SECTION 4. (a) As soon as practicable, the Parks and
Wildlife Commission shall adopt rules necessary to administer the
gulf shrimp license moratorium program established under
Subchapter G, Chapter 77, Parks and Wildlife Code, as added by this
Act.
(b) As soon as practicable after the effective date of this
Act, the executive director of the Parks and Wildlife Commission
shall adopt procedures for the election of the gulf shrimp license
moratorium review board under Section 77.153, Parks and Wildlife
Code, as added by this Act. As soon as practicable after the
adoption of election procedures, but not later than November 1,
2005, the election of the gulf shrimp license moratorium review
board must be held.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 454 passed the Senate on
May 3, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 454 passed the House on
May 12, 2005, by the following vote: Yeas 137, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor