H.B. No. 1579

	AN ACT
	relating to the sale and purchase of shark fins or products derived
	from shark fins; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 66.216, Parks and Wildlife Code, is
	amended to read as follows:
	Sec. 66.216.  POSSESSION OF HEADED OR TAILED FISH. (a)  No
	person may possess a finfish of any species taken from coastal
	water, except broadbill swordfish, shark, or [and] king mackerel,
	that has the head [or tail] removed unless the fish has been finally
	processed and delivered to the final destination or to a certified
	wholesale or retail dealer.
	(b)  No person may possess a finfish of any species taken
	from coastal water, except broadbill swordfish or king mackerel,
	that has the tail removed unless the fish has been finally processed
	and delivered to the final destination or to a certified wholesale
	or retail dealer.
	SECTION 2.  Subchapter C, Chapter 66, Parks and Wildlife
	Code, is amended by adding Section 66.2161 to read as follows:
	Sec. 66.2161.  SALE OR PURCHASE OF SHARK FINS. (a) In this
	section:
	(1)  "Shark" means any species of the subclass
	Elasmobranchii.
	(2)  "Shark fin" means the fresh and uncooked, or
	cooked, frozen, dried, or otherwise processed, detached fin or tail
	of a shark.
	(b)  A person may not buy or offer to buy, sell or offer to
	sell, possess for the purpose of sale, transport, or ship for the
	purpose of sale, barter, or exchange a shark fin regardless of where
	the shark was taken or caught.
	(c)  A 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, barter, or exchange a shark carcass that retains all of its
	fins naturally attached to the carcass through some portion of
	uncut skin.
	(d)  Notwithstanding Subsection (b), the department may
	issue a permit for the possession, transport, sale, or purchase of
	shark fins for a bona fide scientific research purpose.
	(e)  When a person is charged with violating this section,
	the warden or other peace officer shall seize and hold the shark fin
	as evidence. Notwithstanding Section 12.109, on a final court
	ruling, the department shall destroy the shark fin.
	(f)  A person may possess a shark fin if:
	(1)  the person holds the appropriate state or federal
	license or permit authorizing the taking or landing of a shark for
	recreational or commercial purposes;
	(2)  the shark fin is taken from a shark that the person
	has taken or landed; and
	(3)  the shark fin is taken in a manner consistent with
	the person's license.
	SECTION 3.  Section 66.218, Parks and Wildlife Code, is
	amended by adding Subsections (c) and (d) to read as follows:
	(c)  A person who violates Section 66.2161 or a proclamation
	adopted under that section commits an offense that is a Class B
	Parks and Wildlife Code misdemeanor.
	(d)  If it is shown at the trial for a violation of Section
	66.2161 or a proclamation adopted under that section that the
	defendant has been convicted within five years before the trial
	date of a violation of that section, on conviction the defendant
	shall be punished for a Class A Parks and Wildlife Code misdemeanor.
	SECTION 4.  The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 5.  This Act takes effect July 1, 2016.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1579 was passed by the House on April
	16, 2015, by the following vote:  Yeas 116, Nays 28, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1579 was passed by the Senate on May
	27, 2015, by the following vote:  Yeas 24, Nays 7.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor