reglab/housing_qa huggingface dataset:
TX Pks & Wildlife Code § 76.405 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter F. Oyster License Moratorium|Section 76.405. License Buyback Program

Sec. 76.405.  LICENSE BUYBACK PROGRAM.  (a)  The department shall implement a license buyback program for licenses issued under this subchapter as part of the oyster license moratorium program established by this subchapter.(b)  The commission by rule shall establish criteria, using reasonable classifications, for the department's use in selecting licenses to be purchased.  The department or executive director shall consult with the oyster license moratorium review board concerning establishment of the criteria.(c)  The department shall retire each license purchased under the license buyback program until the commission finds that management of the oyster fishery allows reissue of those licenses through auction or lottery.(d)  The department shall set aside an amount determined by commission rule that is at least 20 percent of the fees from licenses issued under this subchapter to be used only for the purpose of buying back commercial oyster boat licenses from willing license holders. That money shall be sent to the comptroller for deposit to the credit of the game, fish, and water safety account.(e)  The department may solicit and accept grants and donations of money or materials from private or public sources for the purpose of buying back licenses issued under this subchapter from willing license holders.(f)  Money to be used for the purpose of buying back licenses issued under this subchapter is not subject to Section 403.095, Government Code.(g)  The commission shall consider the social and economic viability of the oyster industry and input from the oyster license moratorium review board regarding the reissue of commercial oyster boat licenses through auction or lottery.|Added by Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 8, eff. June 1, 2018.|
TX Pks & Wildlife Code § 76.406 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter F. Oyster License Moratorium|Section 76.406. Prevailing Authority

Sec. 76.406.  PREVAILING AUTHORITY.  A proclamation of the commission under this subchapter prevails over any conflicting provision of this chapter to the extent of the conflict.|Added by Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 8, eff. June 1, 2018.|
TX Pks & Wildlife Code § 77.002 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter A. General Provisions|Section 77.002. License Fees

Sec. 77.002.  LICENSE FEES.  (a)  License fees provided in this chapter are a privilege tax on catching, buying, selling, unloading, transporting, or handling shrimp within the jurisdiction of this state.(b)  The shrimp marketing account is an account in the general revenue fund to be used by the Department of Agriculture solely for the purpose of the Texas shrimp marketing assistance program established under Subchapter B, Chapter 47, Agriculture Code.  The account consists of funds deposited to the account under this section.  The account is exempt from the application of Section 11.032 of this code and Section 403.095, Government Code.(c)  Except as provided by Sections 47.021 and 77.049, in addition to fee increases the department is authorized to make under this code, the department shall increase by 10 percent the fee, as of September 1, 2003, for the following licenses and shall deposit the amount of the increase to the credit of the shrimp marketing account:(1)  a wholesale fish dealer's license issued under Section 47.009;(2)  a wholesale truck dealer's fish license issued under Section 47.010;(3)  a retail fish dealer's license issued under Section 47.011;(4)  a retail dealer's truck license issued under Section 47.013;(5)  a commercial bay shrimp boat license issued under Section 77.031;  and(6)  a commercial gulf shrimp boat license issued under Section 77.035.(d)  Money in the shrimp marketing account may be used only for implementing, maintaining, and conducting, including hiring program staff employees for, the Texas shrimp marketing assistance program created under Subchapter B, Chapter 47, Agriculture Code.  The Department of Agriculture may allocate not more than $100,000 per fiscal year of the money in the account to cover administrative and personnel costs of the Department of Agriculture associated with the program.(e)  The department shall deposit at the end of each quarter to the credit of the shrimp marketing account, fees received under Subsection (c) for use by the Department of Agriculture to conduct and operate the Texas shrimp marketing assistance program created under Subchapter B, Chapter 47, Agriculture Code.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 2003, 78th Leg., ch. 265, Sec. 8, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 677, Sec. 6, eff. June 20, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1052 (H.B. 4593), Sec. 7, eff. September 1, 2009.|
TX Pks & Wildlife Code § 77.003 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter A. General Provisions|Section 77.003. Disposition of Funds

Sec. 77.003.  DISPOSITION OF FUNDS.  Money received for licenses issued under this chapter or fines for violations of this chapter shall be remitted to the department by the 10th day of the month following the date of collection.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 77.004 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter A. General Provisions|Section 77.004. Research Program

Sec. 77.004.  RESEARCH PROGRAM.  (a)  The department shall conduct continuous research and study of:(1)  the supply, economic value, environment, and reproductive characteristics of the various economically important species of shrimp;(2)  factors affecting the increase or decrease in shrimp stocks in both an annual and long-term cycle;(3)  the use and effectiveness of trawls, nets, and other devices for the taking of shrimp;(4)  industrial and other pollution of the water naturally frequented by shrimp;(5)  statistical information gathered by the department on the marketing, harvesting, processing, and catching of shrimp landed at points in the state;(6)  environmental parameters in the bay and estuary areas that may serve as limiting factors of shrimp population abundance;(7)  other factors that, based on the best scientific information available, may affect the health and well-being of the economically important shrimp resources;  and(8)  alternative management measures for shrimp that may be considered for implementation in the management regime.(b)  The research may be conducted by the department or an agency designated by the department.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 633, Sec. 2, eff. June 14, 1985.|
TX Pks & Wildlife Code § 77.005 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter A. General Provisions|Section 77.005. Study and Report on Shrimp Industry and Resources

Sec. 77.005.  STUDY AND REPORT ON SHRIMP INDUSTRY AND RESOURCES.  (a)  Using the shrimp management plan required by Section 77.007 and the research conducted under Section 77.004, the department shall comprehensively study shrimp resources, including the shrimp population, and the shrimp industry.  The study shall analyze:(1)  the status of the shrimp population in coastal water, including the size and projected growth of shrimping beds;(2)  the economic health of the shrimp industry;(3)  the status of conservation measures, including department regulations and license buybacks;  and(4)  the status of marine resources and habitats affected by shrimping.(b)  In conducting the study, the department shall solicit and consider input from:(1)  the public;(2)  the shrimp industry;(3)  other businesses affected by the shrimp industry;(4)  any other persons interested in marine resources;  and(5)  the comptroller regarding economic data.(c)  The department shall report on the status of the study to:(1)  the commission;(2)  the presiding officer of each house of the legislature;  and(3)  the committees of each house of the legislature that have primary oversight jurisdiction over the department.(d)  The department may repeat the study and report as necessary to adequately regulate the shrimp industry and to preserve shrimp resources.(e)  The commission shall base policies and rules relating to shrimping on the results of the most recent study completed under this section.|Added by Acts 2001, 77th Leg., ch. 968, Sec. 45, eff. Sept. 1, 2001.|
TX Pks & Wildlife Code § 77.007 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter A. General Provisions|Section 77.007. Regulation of Catching, Possession, Purchase, and Sale of Shrimp

Sec. 77.007.  REGULATION OF CATCHING, POSSESSION, PURCHASE, AND SALE OF SHRIMP.  (a)  The commission by proclamation may regulate the catching, possession, purchase, and sale of shrimp.  A proclamation issued under this section must contain findings by the commission that support the need for the proclamation.(b)  In determining the need for a proclamation under Subsection (a) of this section, the commission shall consider:(1)  measures to prevent overfishing while achieving, on a continuing basis, the optimum yield for the fishery;(2)  measures based on the best scientific information available;(3)  measures to manage shrimp throughout their range;(4)  measures, where practicable, that will promote efficiency in utilizing shrimp resources, except that economic allocation may not be the sole purpose of the measures;(5)  measures, where practicable, that will minimize cost and avoid unnecessary duplication in their administration;  and(6)  measures which will enhance enforcement.(c)  A proclamation issued under Subsection (a) of this section may limit the quantity and size of shrimp that may be caught, possessed, sold, or purchased and may prescribe the times, places, conditions, and means and manner of catching shrimp.  However, measures dealing with sale and purchase may only be implemented at first sale or exchange transaction.(d)  A proclamation of the commission under this section prevails over:(1)  any conflicting provision of this chapter to the extent of the conflict;  and(2)  a proclamation of the commission issued under the Wildlife Conservation Act of 1983 (Chapter 61 of this code).(e)  A person who violates a proclamation issued under Subsection (a) of this section commits an offense.  An offense under this section is punishable as provided by Subsection (a) of Section 77.020 of this code.(f)  The commission shall make no proclamation under this chapter until it has approved and adopted a shrimp management plan and economic impact analysis prepared by the department as provided in Section 77.004 and unless such proclamation is shown to be consistent with the shrimp management plan.|Added by Acts 1985, 69th Leg., ch. 633, Sec. 3, eff. June 14, 1985.|
TX Pks & Wildlife Code § 77.011 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter B. Provisions Generally Applicable to Shrimping|Section 77.011. License Requirement

Sec. 77.011.  LICENSE REQUIREMENT.  No person may operate in the coastal water without obtaining the appropriate license, if required, as prescribed in this chapter.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 77.014 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter B. Provisions Generally Applicable to Shrimping|Section 77.014. Method of Taking Count

Sec. 77.014.  METHOD OF TAKING COUNT.  (a)  An authorized employee of the department shall take the count of shrimp in the presence of the person possessing the shrimp.(b)  The employee shall select a minimum of three representative samples for each 1,000 pounds or fraction of 1,000 pounds of headless or heads-on shrimp being sampled.(c)  Each sample must weigh five pounds after draining at least three minutes.(d)  The count per pound for the sample is determined by dividing the number of specimens in the sample by five.(e)  The average count per pound for the entire quantity being sampled is determined by totalling the count per pound for each sample and dividing that total by the number of samples.(f)  The average count per pound as determined under this section is prima facie evidence of the average count per pound of the shrimp in the entire cargo or quantity of shrimp sampled.(g)  Headless and heads-on shrimp shall be sampled, weighed, and counted separately.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 77.015 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter B. Provisions Generally Applicable to Shrimping|Section 77.015. Gradation and Processing

Sec. 77.015.  GRADATION AND PROCESSING.  Shrimp found to be of legal size under this chapter may subsequently be graded for size for packaging, processing, or sale.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 77.0191 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter B. Provisions Generally Applicable to Shrimping|Section 77.0191. Retention of Redfish, Speckled Sea Trout, and Lightning Whelks

Sec. 77.0191.  RETENTION OF REDFISH, SPECKLED SEA TROUT, AND LIGHTNING WHELKS.  (a)  No person who is using a trawl for the purpose of taking shrimp may retain a redfish, speckled sea trout, or lightning whelk, also known as Busycon perversum pulleyi, caught in the trawl.(b)  No person may retain a redfish, speckled sea trout, or lightning whelk if the person is on board a boat licensed under this chapter and if there is a shrimp trawl on board the boat.|Added by Acts 1983, 68th Leg., p. 3818, ch. 592, Sec. 1, eff. Aug. 29, 1983.  Amended by Acts 1999, 76th Leg., ch. 524, Sec. 1, eff. Sept. 1, 1999.|
TX Pks & Wildlife Code § 77.020 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter B. Provisions Generally Applicable to Shrimping|Section 77.020. Penalty

Sec. 77.020.  PENALTY.  (a)  A person who violates a provision of this chapter except Section 77.024 or 77.061(a)(1) or who violates a regulation adopted under this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.(b)  If it is shown at the trial of the defendant that the person has been convicted once within five years before the trial date of a violation of a provision of this chapter except Section 77.024 or 77.061(a)(1), or of a regulation adopted under this chapter, the person is guilty of a Class B Parks and Wildlife Code misdemeanor.(c)  If it is shown at the trial of the defendant that the person has been convicted two or more times within five years before the trial date of a violation of a provision of this chapter except Section 77.024 or 77.061(a)(1), or of a regulation adopted under this chapter, the person is guilty of a Class A Parks and Wildlife Code misdemeanor.(d)  Section 12.109 and Subchapter D, Chapter 12, do not apply to a violation of a rule adopted under this chapter related to the display of a commercial shrimp boat license or a commercial shrimp boat's documentation or registration number if another violation of this chapter or a rule adopted under this chapter does not exist at the time of the violation.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 1465, ch. 641, Sec. 1, eff. Sept. 1, 1979;  Acts 1981, 67th Leg., p. 2166, ch. 506, Sec. 2, eff. June 12, 1981;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 85, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1256, Sec. 116, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1180, Sec. 1, eff. Sept. 1, 2001.|
TX Pks & Wildlife Code § 77.021 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter B. Provisions Generally Applicable to Shrimping|Section 77.021. Separate Offense

Sec. 77.021.  SEPARATE OFFENSE.  Each day on which a violation occurs constitutes a separate offense.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 77.022 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter B. Provisions Generally Applicable to Shrimping|Section 77.022. Responsibility for Violation

Sec. 77.022.  RESPONSIBILITY FOR VIOLATION.  (a)  When a vessel is involved in a violation of this chapter, the captain of the vessel shall be considered primarily responsible for the violation.  A member of the crew of a vessel shall not be guilty of a violation unless it also be charged that the member of the crew acted in violation of the orders of the captain of the vessel.(b)  The owner of a vessel involved in a violation of this chapter may not be found guilty of the violation unless it is charged and proved that the owner knowingly directed, authorized, permitted, agreed to, aided, or acquiesced in the violation.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1975, 64th Leg., p. 1213, ch. 456, Sec. 13(i), eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 77.024 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter B. Provisions Generally Applicable to Shrimping|Section 77.024. Operation Without License

Sec. 77.024.  OPERATION WITHOUT LICENSE.  No person whose license has been forfeited may do business without a new license or possess another license for the period of forfeiture.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 86, eff. Sept. 1, 1985.|Sec. 77.025.  PERIOD OF LIMITATION.  Except as provided in Article 12.05, Code of Criminal Procedure, 1965, as amended, an indictment or information for a violation of this chapter may be presented within one year after the date of the commission of the offense and not afterward.|Added by Acts 1975, 64th Leg., p. 1213, ch. 456, Sec. 13(j), eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 77.031 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter C. Shrimp Licenses|Section 77.031. Commercial Bay Shrimp Boat License

Sec. 77.031.  COMMERCIAL BAY SHRIMP BOAT LICENSE.  (a)  No person may operate a commercial bay shrimp boat for the purpose of catching or assisting in catching shrimp and other edible aquatic products from the inside water unless the owner has obtained a commercial bay shrimp boat license.(b)  The fee for a commercial bay shrimp boat license is $170 or an amount set by the commission, whichever amount is more.  The executive director may set a fee lower than $170 for licenses issued from December 16, 1993, through August 31, 1994, and which expire on August 31, 1994.(c)  An applicant for a commercial bay shrimp boat license must submit to the department an affidavit that the applicant intends to derive the major portion of his livelihood from the commercial fishery and that he will maintain adequate facilities to conduct the business.(d)  The fee for a commercial bay shrimp boat license for a boat that is not numbered under Chapter 31 of this code or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner or other criteria established by the commission is $500 or an amount set by the commission, whichever amount is more.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1975, 64th Leg., p. 1213, ch. 456, Sec. 13(g), eff. Sept. 1, 1975;  Acts 1979, 66th Leg., p. 2012, ch. 789, Sec. 2, eff. Aug. 27, 1979;  Acts 1983, 68th Leg., p. 1338, ch. 277, Sec. 48, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 68, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 633, Sec. 4, eff. June 14, 1985;  Acts 1987, 70th Leg., ch. 621, Sec. 6, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 365, Sec. 25, eff. Dec. 16, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 72, eff. June 16, 1995.|
TX Pks & Wildlife Code § 77.033 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter C. Shrimp Licenses|Section 77.033. Commercial Bait-Shrimp Boat License

Sec. 77.033.  COMMERCIAL BAIT-SHRIMP BOAT LICENSE.  (a)  No person may operate a commercial bait-shrimp boat for the purpose of catching or assisting in catching shrimp for use as bait only and other edible aquatic products from the inside water unless the owner of the boat has obtained a commercial bait-shrimp boat license.(b)  The fee for a commercial bait-shrimp boat license is $170 or an amount set by the commission, whichever amount is more.(c)  The fee for a commercial bait-shrimp boat license for a boat that is not numbered under Chapter 31 of this code or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner or other criteria established by the commission is $500 or an amount set by the commission, whichever amount is more.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 1338, ch. 277, Sec. 49, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 69, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 633, Sec. 5, eff. June 14, 1985;  Acts 1987, 70th Leg., ch. 621, Sec. 7, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 365, Sec. 26, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 73, eff. June 16, 1995.|