By: Hinojosa	S.B. No. 1839

	A BILL TO BE ENTITLED
	AN ACT
	relating to the unlawful sale or purchase of shark fins or shark fin
	products; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 66.2161, Parks and Wildlife Code, is
	amended to read as follows:
	Sec. 66.2161.  SALE OR PURCHASE OF SHARK FINS OR SHARK FIN
	PRODUCTS; OFFENSE. (a)  In this section:
	(1)  "Destroy" means, with respect to a shark fin, to
	denature the fin for the purpose of rendering the fin inedible.
	(2)  "Place of business" has the meaning assigned by
	Section 47.001.
	(3)  "Sale" includes barter and exchange.
	(4)  "Shark" means any species of the subclass
	Elasmobranchii.
	(5) [(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 process in a place of business or
	restaurant a shark carcass into steaks or fillets only if:
	(1)  the steaks and fillets do not contain any portion
	of a shark fin; and
	(2)  each of the shark's fins is destroyed and discarded
	in the manner prescribed by the department immediately on detaching
	the fins from the remainder of the carcass.
	(c)  A person commits an offense if the person:
	(1)  fails to immediately destroy and discard a shark
	fin as required by Subsection (b) or otherwise violates that
	subsection;
	(2)  buys or offers to buy, sells or offers to sell,
	possesses [may not buy or offer to buy, sell or offer to sell,
	possess] for the purpose of sale, transports or ships [transport,
	or ship] for the purpose of sale, or advertises for sale [barter, or
	exchange] a shark fin regardless of where the shark was taken or
	caught; or
	(3)  violates a proclamation or rule adopted under this
	section.
	(d)  Except as provided by Subsection (e), an offense under
	this section is a Class B Parks and Wildlife Code misdemeanor.
	(e)  An offense under this section is a Class A Parks and
	Wildlife Code misdemeanor if it is shown on the trial of the offense
	that the defendant has previously been convicted of an offense
	under this section during the five-year period preceding the date
	of the trial of the current offense.
	(f)  Each shark fin a person purchases or possesses for the
	purpose of sale in violation of this section constitutes a separate
	offense.
	(g)  For purposes of Subsection (c)(2), proof that the
	person possessed a shark fin, other than a shark fin that has been
	destroyed, in a place of business or restaurant or on any commercial
	vessel on the waters of this state is prima facie evidence that the
	person possessed the shark fin for the purpose of sale.
	(h)  For purposes of Subsection (c)(2), proof that the
	person advertised for sale a shark fin, a product containing shark
	fin, or a product represented to be or to contain shark fin is prima
	facie evidence that the person offered a shark fin for sale.
	[(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.]
	(i) [(d)]  Notwithstanding Subsection (c)(2) [(b)], the
	department may issue a permit for the possession, transport, sale,
	or purchase of shark fins for a bona fide scientific research
	purpose. Subsection (c)(2) does not apply to a person who
	possesses, transports, sells, or purchases a shark fin in
	accordance with a permit issued under this subsection.
	(j) [(e)]  When a person is charged with an offense under
	[violating] this section, the warden or other peace officer shall
	seize and hold [the shark fin] as evidence the shark fin, product
	containing shark fin, or product represented to be or to contain
	shark fin. Notwithstanding Section 12.109, on a final court
	ruling, the department shall destroy the shark fin, product
	containing shark fin, or product represented to be or to contain
	shark fin.
	(k)  The commission may adopt rules as necessary to
	administer this section.
	[(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 2.  Sections 66.218(c) and (d), Parks and Wildlife
	Code, are repealed.
	SECTION 3.  The changes in law made by this Act apply 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 4.  This Act takes effect September 1, 2023.