82R10105 SGA-F
	By: Hegar	S.B. No. 1480

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of exotic aquatic species by the Parks
	and Wildlife Department; providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Chapter 66, Parks and Wildlife
	Code, is amended to read as follows:
	CHAPTER 66. FISH AND AQUATIC PLANTS
	SECTION 2.  The heading to Subchapter A, Chapter 66, Parks
	and Wildlife Code, is amended to read as follows:
	SUBCHAPTER A. PROVISIONS APPLICABLE TO FRESHWATER AND SALTWATER
	FISHING AND AQUATIC PLANTS
	SECTION 3.  The heading to Section 66.007, Parks and
	Wildlife Code, is amended to read as follows:
	Sec. 66.007.  EXOTIC HARMFUL OR POTENTIALLY HARMFUL FISH AND
	[,] SHELLFISH[, AND AQUATIC PLANTS].
	SECTION 4.  Sections 66.007(a), (b), (c), (e), (j), (k), and
	(l), Parks and Wildlife Code, are amended to read as follows:
	(a)  No person may import, possess, sell, or place into the
	public water of this state exotic harmful or potentially harmful
	fish or [,] shellfish[, or aquatic plants] except as authorized by
	rule or permit issued by the department.
	(b)  The department shall publish a list of[:
	[(1)]  exotic fish and exotic shellfish for which a
	permit under Subsection (a) is required[; and
	[(2)     exotic aquatic plants, as provided by this
	section, that are approved for importation into or possession in
	this state without a permit].
	(c)  The department shall make rules to carry out [the
	provisions of] this section.  [In adopting rules that relate to
	exotic aquatic plants, the department shall strive to ensure that
	the rules are as permissive as possible without allowing the
	importation or possession of plants that pose environmental,
	economic, or health problems.]
	(e)  In this section:
	(1)  ["Approved list" means the list published by the
	department under Subsection (b)(2) of exotic aquatic plants that a
	person may import into or possess in this state without an exotic
	species permit issued by the department.
	[(2)     "Exotic aquatic plant" means a nonindigenous
	aquatic plant that is not normally found in aquatic or riparian
	areas of this state.
	[(3)]  "Exotic fish" means a nonindigenous fish that is
	not normally found in the public water of this state.
	(2) [(4)]  "Exotic shellfish" means a nonindigenous
	shellfish that is not normally found in the public water of this
	state.
	(3)  "Public water" has the meaning assigned by Section
	66.015.
	(j)  Except as provided in Subsection (k), an operator of an
	aquaculture facility under quarantine condition may not discharge
	waste or another substance from the facility except with approval
	of the department and a wastewater discharge authorization from the
	Texas [Natural Resource Conservation] Commission on Environmental
	Quality.
	(k)  Even if under quarantine condition, an aquaculture
	facility shall discharge wastewater or another substance as
	necessary to comply with an emergency plan that has been submitted
	to and approved by the department and incorporated into a
	wastewater discharge authorization issued by the Texas [Natural
	Resource Conservation] Commission on Environmental Quality.
	(l)  On receiving notice from an owner of the observance of
	manifestations of disease, the department shall immediately:
	(1)  notify the Department of Agriculture, the Texas
	[Natural Resource Conservation] Commission on Environmental
	Quality, and the Texas Animal Health Commission; and
	(2)  advise the Department of Agriculture, the Texas
	[Natural Resource Conservation] Commission on Environmental
	Quality, and the Texas Animal Health Commission regarding the
	appropriate action to be taken.
	SECTION 5.  Section 66.0071, Parks and Wildlife Code, is
	amended to read as follows:
	Sec. 66.0071.  REMOVAL OF  HARMFUL AQUATIC PLANTS. On
	leaving any public or private body of water in this state, a person
	shall immediately remove and lawfully dispose of any  exotic
	aquatic plant [not included] on the [approved] list of prohibited
	plants adopted [published] under Section 66.0072 [66.007(b)(2)]
	that is clinging or attached to the person's:
	(1)  vessel or watercraft; or
	(2)  trailer, motor vehicle, or other mobile device
	used to transport or launch a vessel or watercraft.
	SECTION 6.  Subchapter A, Chapter 66, Parks and Wildlife
	Code, is amended by adding Section 66.0072 to read as follows:
	Sec. 66.0072.  EXOTIC HARMFUL OR POTENTIALLY HARMFUL AQUATIC
	PLANTS. (a) In this section:
	(1)  "Exotic aquatic plant" means a nonindigenous
	aquatic plant that is not normally found in the public water of this
	state.
	(2)  "Public water" has the meaning assigned by Section
	66.015.
	(b)  A person may not import, possess, sell, or place into
	the public water of this state an exotic harmful or potentially
	harmful aquatic plant except as authorized by commission rule or a
	permit issued by the department.
	(c)  The commission by rule shall adopt a list of exotic
	aquatic plants that may not be imported into or possessed in this
	state without a permit.
	(d)  The commission may enact an emergency rule as provided
	by Chapter 2001, Government Code, to add an exotic aquatic plant to
	the list of prohibited plants if the plant is determined to be
	harmful or potentially harmful.
	(e)  This section does not apply to any microalgae imported,
	possessed, used, or sold for biofuel, academic, or research and
	development purposes. The department shall consult with the
	Department of Agriculture as necessary to administer this section
	and may not adopt rules or permits for microalgae imported,
	possessed, used, or sold for biofuel, academic, or research and
	development purposes without written approval from the Department
	of Agriculture of the rules or permits.
	(f)  The commission shall adopt rules to implement this
	section.
	SECTION 7.  Sections 66.012(b), (c), (d), (e), and (f),
	Parks and Wildlife Code, are amended to read as follows:
	(b)  A person who violates Section 66.003, 66.004, 66.005,
	66.006(c), [66.007,] 66.009, 66.015, 66.021, or 66.0091 of this
	code commits an offense that is a Class B Parks and Wildlife Code
	misdemeanor.
	(c)  An offense under [If it is shown at the trial of the
	defendant for a violation of] Section 66.004, 66.006(c), [66.007,]
	or 66.015 is [of this code that the defendant has been convicted
	once before the trial date of a violation of the same section, on
	conviction the defendant shall be punished for] a Class A Parks and
	Wildlife Code misdemeanor if it is shown at the trial of a person
	for the offense that the person has been previously convicted one
	time of a violation of the same section.
	(d)  An offense under [If it is shown at the trial of the
	defendant for a violation of] Section 66.004[, 66.007,] or 66.015
	is [of this code that the defendant has been convicted two or more
	times before the trial date of a violation of the same section, on
	conviction the defendant shall be punished for] a Parks and
	Wildlife Code felony if it is shown at the trial of a person for the
	offense that the person has been previously convicted two or more
	times of a violation of the same section.
	(e)  An offense under [If it is shown at the trial of the
	defendant for a violation of] Section 66.007, 66.0072, 66.020(f),
	or 66.020(g) [of this code] or a proclamation adopted by the
	commission under those sections is [that the defendant has been
	convicted within five years before the trial date of a violation of
	the section for which the defendant is being prosecuted, on
	conviction the defendant shall be punished for] a Class B Parks and
	Wildlife Code misdemeanor if it is shown at the trial of a person
	for the offense that the person has been previously convicted one
	time of a violation of the same section.
	(f)  An offense under [If it is shown at the trial for a
	violation of] Section 66.007, 66.0072, 66.020(f), or 66.020(g) [of
	this code] or a proclamation adopted by the commission under those
	sections is [that the defendant has been convicted two or more times
	within five years before the trial date of a violation of the
	section for which the defendant is being prosecuted, on conviction
	the defendant shall be punished for] a Class A Parks and Wildlife
	Code misdemeanor if it is shown at the trial of a person for the
	offense that the person has been previously convicted two or more
	times of a violation of the same section.
	SECTION 8.  Sections 66.007(m) through (s), Parks and
	Wildlife Code, are repealed.
	SECTION 9.  (a)  On the effective date of this Act, the list
	of harmful or potentially harmful plants that was in effect
	immediately before the publication of the list of approved plants
	required by Section 66.007(b), Parks and Wildlife Code, as amended
	by Section 14, Chapter 952 (H.B. 3391), Acts of the 81st
	Legislature, Regular Session, 2009, is the list of exotic aquatic
	plants required by Section 66.0072, Parks and Wildlife Code, as
	added by this Act, and shall be the list in effect until amended by
	the Parks and Wildlife Department.
	(b)  The Parks and Wildlife Department may not enforce the
	permit requirements or prohibited actions regarding exotic aquatic
	plants that are on the list under Section 66.0072, Parks and
	Wildlife Code, as added by this Act, before the effective date of
	this Act.
	(c)  After the effective date of this Act, the Parks and
	Wildlife Department is not required to maintain or publish the list
	of approved exotic aquatic plants for which a permit is not required
	under Section 66.007, Parks and Wildlife Code, as that section
	provided before the effective date of this Act.
	(d)  Section 66.012, Parks and Wildlife Code, as amended by
	this Act, applies only to an offense that occurs on or after the
	effective date of this Act. An offense that occurs before the
	effective date of this Act is governed by the law in effect
	immediately before that date, and that law is continued in effect
	for that purpose. For purposes of this subsection, an offense is
	committed before the effective date of this Act if any element of
	the offense occurs before that date.
	SECTION 10.  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, 2011.