Bill Text: TX HB1333 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the sale and purchase of certain fish.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-05-23 - Effective on 9/1/23 [HB1333 Detail]
Download: Texas-2023-HB1333-Introduced.html
Bill Title: Relating to the sale and purchase of certain fish.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-05-23 - Effective on 9/1/23 [HB1333 Detail]
Download: Texas-2023-HB1333-Introduced.html
88R26 MP-D | ||
By: Kacal | H.B. No. 1333 |
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relating to the sale and purchase of certain fish. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 66.020(b) and (c), Parks and Wildlife | ||
Code, are amended to read as follows: | ||
(b) This section applies to the possession, transportation, | ||
sale, or purchase of any fish described by Subsection (a) without | ||
regard to where the fish was taken, caught, or raised, but does not | ||
apply to: | ||
(1) the transportation or possession of fish taken, | ||
caught, or raised outside this state and transported by common | ||
carrier without being unloaded from outside this state to a point of | ||
delivery outside this state; | ||
(2) fish raised by being continuously fed a prepared | ||
feed and sold by an operator of a Texas commercial aquaculture | ||
facility, as defined by Section 134.001, Agriculture Code; [ |
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(3) the sale of fish described by Subdivision (2) by: | ||
(A) a licensed wholesale fish dealer; | ||
(B) a licensed retail fish dealer; or | ||
(C) a restaurant; | ||
(4) bass of the genus Micropterus and crappie if the | ||
fish are: | ||
(A) reared in private water; and | ||
(B) sold by an operator of a Texas commercial | ||
aquaculture facility for the purpose of stocking: | ||
(i) water of the state under a permit | ||
required under Section 66.015(b); or | ||
(ii) private water with the documentation | ||
required under Section 134.018, Agriculture Code; or | ||
(5) the lawful importation by the holder of a Texas | ||
finfish import license into this state from another state or | ||
foreign country or the exclusive economic zone of farm-raised red | ||
drum, bass of the genus Micropterus, crappie, flathead catfish, | ||
striped bass, white bass, or a hybrid of any of those fish that have | ||
been continuously fed a prepared feed as a primary food source or | ||
lawfully taken, caught, or raised blue marlin, jewfish, longbill | ||
spearfish, muskellunge, northern pike, sailfish, sauger, snook, | ||
spotted sea trout, tarpon, walleye, white marlin, yellow bass, or a | ||
hybrid of any of those fish, if the fish are [ |
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under regulations of the commission and if the license holder | ||
complies with any requirements the commission may establish by | ||
proclamation that the fish enter the stream of commerce for sale in | ||
this state in a condition allowing ready identification of the | ||
species, including a requirement that the fish come into the state | ||
with the head and tail intact and tagged and a requirement that an | ||
invoice accompany all imported fish regulated by this section | ||
through each sales transaction, including transactions at the place | ||
of the final sale to the consumer. | ||
(c) Notwithstanding Subsection (b)(5) [ |
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imported fish without the head and tail intact and without a tag if | ||
the fish are labeled in a manner prescribed by the commission and | ||
the tag when removed is destroyed. A tag, if required, must be of a | ||
type prescribed by the commission and shall be sold to an applicant | ||
at a cost as determined by the commission that is reasonable to | ||
defray the administrative costs incurred in connection with the tag | ||
requirement. | ||
SECTION 2. Sections 66.111(a) and (b), Parks and Wildlife | ||
Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (b), no person may buy | ||
or offer to buy, sell or offer to sell, possess for the purpose of | ||
sale, transport or ship for the purpose of sale, or barter or | ||
exchange[ |
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water of this state. | ||
(b) Subsection (a) does not apply to: | ||
(1) [ |
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(2) [ |
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length or blue catfish of more than 14 inches in length taken from | ||
the public fresh water of Angelina, Bowie, Camp, Cass, Chambers, | ||
Franklin, Freestone, Gregg, Hardin, Harris, Harrison, Jasper, | ||
Jefferson, Lamar, Leon, Liberty, Madison, Marion, Montgomery, | ||
Morris, Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Red | ||
River, Sabine, San Augustine, San Jacinto, Shelby, Titus, Trinity, | ||
Tyler, Upshur, or Walker County, the public fresh water of the | ||
Neches or Trinity River in Houston County, the public fresh water of | ||
the Colorado River in Bastrop, Colorado, Fayette, Matagorda, or | ||
Wharton County, or the public fresh water of Falcon Lake in Starr or | ||
Zapata County. | ||
SECTION 3. Section 66.2012(e), Parks and Wildlife Code, is | ||
amended to read as follows: | ||
(e) This section does not apply to activities that are | ||
regulated under the exceptions provided by Subdivisions (1), (2), | ||
and (5) [ |
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of that section. | ||
SECTION 4. Section 66.111(c), Parks and Wildlife Code, is | ||
repealed. | ||
SECTION 5. This Act takes effect September 1, 2023. |