H.B. No. 1260
 
 
 
 
AN ACT
  relating to the regulation of commercial shrimp unloading;
  requiring an occupational license; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 47.0091, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 47.0091.  PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE
  FISH DEALERS. No wholesale fish dealer may purchase for resale or
  receive for sale, barter, exchange, or any other commercial purpose
  any aquatic product from any person or entity in this state unless
  he purchases the product from the holder of:
               (1)  a general commercial fisherman's license;
               (2)  a commercial oyster fisherman's license;
               (3)  a commercial oyster boat license;
               (4)  a wholesale fish dealer's license;
               (5)  a fish farmer's license;
               (6)  a commercial shrimp boat license;
               (7)  a commercial oyster boat captain's license;
               (8)  a commercial shrimp boat captain's license;
               (9)  a commercial crab fisherman's license; [or]
               (10)  a commercial finfish fisherman's license; or
               (11)  a commercial gulf shrimp unloading license.
         SECTION 2.  Section 47.0111, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 47.0111.  PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
  DEALERS. No retail fish dealer may purchase for resale or receive
  for sale, barter, exchange, or any other commercial purposes any
  aquatic products from any person or entity in this state unless he
  purchases the product from the holder of:
               (1)  a wholesale fish dealer's license;
               (2)  a general commercial fisherman's license, a
  commercial shrimp boat license, a commercial shrimp boat captain's
  license, a commercial gulf shrimp unloading license, a commercial
  crab fisherman's license, or a commercial finfish fisherman's
  license when the retail fish dealer has given written notification
  to the director or his designee of the dealer's intent to purchase
  aquatic products from the holder of a general commercial
  fisherman's license, a commercial shrimp boat license, a commercial
  shrimp boat captain's license, a commercial crab fisherman's
  license, or a commercial finfish fisherman's license; or
               (3)  a fish farmer's license.
         SECTION 3.  Section 47.012, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 47.012.  PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT
  OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or
  employee may purchase for consumption by the restaurant's patrons
  on the restaurant's premises any aquatic product from any person or
  entity in this state unless the person purchases the aquatic
  product from the holder of:
               (1)  a wholesale fish dealer's license;
               (2)  a general commercial fisherman's license;
               (3)  a fish farmer's license;
               (4)  a commercial shrimp boat license;
               (5)  a commercial shrimp boat captain's license;
               (6)  a commercial crab fisherman's license; [or]
               (7)  a commercial finfish fisherman's license; or
               (8)  a commercial gulf shrimp unloading license.
         SECTION 4.  Subchapter C, Chapter 77, Parks and Wildlife
  Code, is amended by adding Section 77.034 to read as follows:
         Sec. 77.034.  COMMERCIAL GULF SHRIMP UNLOADING LICENSE. (a)  
  Except as provided by Subsection (b), no person may unload or allow
  to be unloaded at a port or point in this state shrimp or other
  aquatic products caught or taken from the outside water or from salt
  water outside the state without having been previously unloaded in
  some other state or foreign country, unless the person has
  obtained:
               (1)  a commercial gulf shrimp unloading license; and
               (2)  a federal commercial vessel permit for gulf shrimp
  from the National Oceanic and Atmospheric Administration.
         (b)  A person holding a valid resident or nonresident
  commercial gulf shrimp boat license is exempt from the requirement
  to hold a commercial gulf shrimp unloading license.
         (c)  A vessel operating under a commercial gulf shrimp
  unloading license must make a nonstop progression through outside
  waters to a place of unloading. The commission shall adopt rules for
  the requirements of trawl gear storage for a vessel who holds a
  commercial gulf shrimp unloading license while that vessel is
  making a nonstop progression through outside waters to a place of
  unloading.
         (d)  The fee for a commercial gulf shrimp unloading license
  is $1485, or an amount set by the commission, whichever amount is
  more.
         SECTION 5.  Section 77.035(a), Parks and Wildlife Code, is
  amended to read as follows:
         (a)  Except as permitted under Section 77.034, no [No] person
  may operate a commercial gulf shrimp boat for catching or assisting
  in catching shrimp and other edible aquatic products from the
  outside water, or have on board a boat, or unload, or allow to be
  unloaded at a port or point in this state, shrimp and other edible
  aquatic products caught or taken from the outside water or from salt
  water outside the state without having been previously unloaded in
  some other state or foreign country, unless the owner of the boat
  has obtained a commercial gulf shrimp boat license.
         SECTION 6.  Sections 77.0352(a) and (b), Parks and Wildlife
  Code, are amended to read as follows:
         (a)  The holder of a commercial shrimp boat license or
  commercial gulf shrimp unloading license may sell only the catch of
  shrimp from the vessel to which the commercial shrimp boat license
  or commercial gulf shrimp unloading license applies.
         (b)  The holder of a commercial shrimp boat license or
  commercial gulf shrimp unloading license may sell aquatic products
  other than shrimp if those aquatic products:
               (1)  were taken incidental to lawful shrimping on the
  vessel to which the commercial shrimp boat license or commercial
  gulf shrimp unloading license applies; and
               (2)  comply with all applicable provisions of this code
  or commission regulations.
         SECTION 7.  Section 77.039(a), Parks and Wildlife Code, is
  amended to read as follows:
         (a)  A commercial shrimp boat license or commercial gulf
  shrimp unloading license issued under this subchapter must be a
  sign or emblem at least 32 square inches in size and be constructed
  of a durable material.
         SECTION 8.  The Parks and Wildlife Commission shall adopt
  rules not later than September 1, 2018, to implement Sections
  77.034, Parks and Wildlife Code, as added by this Act, and 77.039,
  Parks and Wildlife Code, as amended by this Act.
         SECTION 9.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1260 was passed by the House on April
  25, 2017, by the following vote:  Yeas 129, Nays 13, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1260 was passed by the Senate on May
  22, 2017, by the following vote:  Yeas 29, Nays 2.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor