reglab/housing_qa huggingface dataset:
TX Pks & Wildlife Code § 77.111 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter F. Bay Shrimp License Management|Section 77.111. Shrimp License Management Program

Sec. 77.111.  SHRIMP LICENSE MANAGEMENT PROGRAM.  For the purposes of promoting efficiency and economic stability in the shrimping industry and of conserving economically important shrimp resources, the department shall implement a shrimp license management program in accordance with the shrimp management plan adopted by the commission under Section 77.007 and as prescribed by this subchapter.|Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.|
TX Pks & Wildlife Code § 77.112 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter F. Bay Shrimp License Management|Section 77.112. Issuance and Renewal of Commercial Bay and Bait Shrimp Boat Licenses

Sec. 77.112.  ISSUANCE AND RENEWAL OF COMMERCIAL BAY AND BAIT SHRIMP BOAT LICENSES.  (a)  After August 31, 1995, the department may not issue a new commercial bay or bait shrimp boat license unless the person seeking to obtain the license documents to the satisfaction of the department that the vessel for which the license is sought:(1)  is owned by the person;(2)  was under construction and at least 50 percent completed on April 1, 1995;  and(3)  is intended to be licensed and used as a commercial bay or bait shrimp boat.(b)  For the license year ending August 31, 1996, the department may renew a commercial bay or bait shrimp boat license only if the person seeking renewal of the license:(1)  owns the commercial bay or bait shrimp boat for which the license renewal is sought;  and(2)  held the license to be renewed on April 1, 1995, or, after that date, obtained the license to be renewed by a transfer authorized by Section 77.113.(c)  After August 31, 1996, the commission may renew a commercial bay or bait shrimp boat license only if the person seeking to renew the license:(1)  owns the commercial bay or bait shrimp boat for which the license renewal is sought;  and(2)  held the license to be renewed during the preceding license year.(d)  An applicant for a new or renewed commercial bay or bait shrimp boat license for a vessel that is required by United States Coast Guard rules to be documented by the United States Coast Guard must submit to the department with the license application the United States Coast Guard certificate of documentation for the vessel.|Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.|
TX Pks & Wildlife Code § 77.113 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter F. Bay Shrimp License Management|Section 77.113. License Transfer

Sec. 77.113.  LICENSE TRANSFER.  (a)  Except as provided by this section, a commercial bay or bait shrimp boat license may not be transferred from one person to another before September 1, 1999.(b)  A commercial bay or bait shrimp boat license may be transferred at any time, by sale or otherwise:(1)  between holders of a commercial bay or bait shrimp boat license;(2)  between a holder of a commercial bay or bait shrimp boat license and a historical shrimp boat captain as defined by the shrimp license management review board and approved by the executive director;  or(3)  to an heir or devisee of the deceased holder of the commercial bay or bait shrimp boat license, but only if the heir or devisee is a person who in the absence of a will would be entitled to all or a portion of the deceased's property.|Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.|
TX Pks & Wildlife Code § 77.114 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter F. Bay Shrimp License Management|Section 77.114. Limit on Number of Licenses Held; Designated License Holder

Sec. 77.114.  LIMIT ON NUMBER OF LICENSES HELD;  DESIGNATED LICENSE HOLDER.  (a)  Except as provided by Subsection (b), no person may hold or directly or indirectly control more than four commercial bay and four commercial bait shrimp boat licenses.(b)  A person who qualifies to renew a license under Section 77.112 on September 1, 1995, may hold each license renewed and after that date may retain and renew the licenses until the licenses are transferred, not renewed, or revoked.  A person may not hold or renew more than four commercial bay and four commercial bait shrimp boat licenses under this subsection after August 31, 2002.(c)  A commercial bay or bait shrimp boat license must be issued to an individual.  A person other than an individual who wishes to retain or seeks to renew a license of either type must designate an individual to whom the license will be issued.|Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.|
TX Pks & Wildlife Code § 77.115 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter F. Bay Shrimp License Management|Section 77.115. Transfer Fee

Sec. 77.115.  TRANSFER FEE.  The commission may set a fee for the transfer of a commercial bay or bait shrimp boat license.  The amount of the transfer fee may not exceed the amount of the license fee for the license being transferred.|Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.|
TX Pks & Wildlife Code § 77.116 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter F. Bay Shrimp License Management|Section 77.116. Length and Engine Limits; Vessel Upgrade

Sec. 77.116.  LENGTH AND ENGINE LIMITS;  VESSEL UPGRADE.  (a)  Except as provided by Subsection (d), a vessel licensed as a commercial bay or bait shrimp boat may not:(1)  have an engine that is rated by the manufacturer of the engine at more than 400 horsepower;  or(2)  exceed 60 feet in length.(b)  A vessel licensed as a commercial bay or bait shrimp boat may not be lengthened or have the engine horsepower increased more than once after September 1, 1995.(c)  A vessel may not be lengthened by more than 15 percent of the vessel's length.(d)  The license for a vessel that on September 1, 1995, is licensed as a commercial bay or bait shrimp boat and exceeds the length or horsepower limit set by Subsection (a) may be renewed, but the vessel may not be lengthened or have the horsepower of the vessel increased.  If the vessel is replaced, the replacement vessel must meet the engine and length requirements described in Subsection (a).(e)  For purposes of this section, vessel length shall be determined according to United States Coast Guard specifications in effect on September 1, 1995.|Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.|
TX Pks & Wildlife Code § 77.117 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter F. Bay Shrimp License Management|Section 77.117. License Suspension and Revocation

Sec. 77.117.  LICENSE SUSPENSION AND REVOCATION.  (a)  The executive director, after notice and the opportunity for a hearing, may suspend a commercial bay or bait shrimp boat license if the license holder or any other operator of the licensed vessel is convicted of one or more flagrant offenses totalling three flagrant offenses for the licensed vessel.  The suspension may be for:(1)  six months, if:(A)  the date of each offense is within a 24-consecutive-month period beginning not earlier than September 1, 1995;  and(B)  the license holder has not previously had a commercial bay or bait shrimp boat license suspended under this section;  or(2)  12 months, if the date of each offense is within a 24-consecutive-month period and the license holder has previously had a commercial bay or bait shrimp boat license suspended under this section.(b)  Except as provided by Subsection (c), a license suspension under this section does not affect the license holder's eligibility to renew the license after the suspension expires.(c)  The executive director, after notice and the opportunity for a hearing, may permanently revoke a commercial bay or bait shrimp boat license if:(1)  the license holder has previously had a commercial bay or bait shrimp boat license suspended twice under this section;(2)  the license holder or any other operator of the licensed vessel is convicted of one or more flagrant offenses totalling three flagrant offenses for the licensed vessel;  and(3)  the date of each offense is in a 24-consecutive-month period beginning not earlier than the date of the most recent previous suspension under this section.(d)  For purposes of this section, a flagrant offense includes:(1)  trawling in a nursery area in violation of this code or of a proclamation of the commission issued under this code;(2)  shrimping longer than 30 minutes before or 30 minutes after legal shrimping hours prescribed by this code or by a proclamation of the commission issued under this code;(3)  exceeding possession limits, in violation of this code or of a proclamation of the commission issued under this code, by 100 or more pounds;(4)  exceeding legal net size, in violation of this code or of a proclamation of the commission issued under this code, by five feet or more;  or(5)  falsifying information required by this subchapter or a commission rule adopted under this subchapter for the issuance of a commercial bay or bait shrimp boat license.(e)  The same flagrant offense may not be counted for more than one suspension under this section.|Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.|
TX Pks & Wildlife Code § 77.118 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter F. Bay Shrimp License Management|Section 77.118. Shrimp License Management Review Board

Sec. 77.118.  SHRIMP LICENSE MANAGEMENT REVIEW BOARD.  (a)  The holders of commercial bay and bait shrimp boat licenses shall elect a shrimp license management review board of nine members.(b)  A member of the review board must be a holder of a commercial bay or bait shrimp boat license.(c)  The nine members of the review board must be selected to reflect the following geographical distribution according to the county of residence specified on the member's commercial bay or bait shrimp boat license:(1)  one member representing Orange, Jefferson, Chambers, and Harris counties;(2)  two members representing Galveston County;(3)  two members representing Brazoria and Matagorda counties;(4)  three members representing Calhoun, Aransas, Nueces, San Patricio, and Refugio counties;  and(5)  one member representing Kleberg, Cameron, and Willacy counties.(d)  The review board shall advise the commission and department and make recommendations concerning the administrative aspects of the shrimp license management program, including hardship and appeal cases concerning eligibility, license transfer, license renewal, license suspension, license revocation, and vessel length and engine changes.(e)  The executive director shall adopt procedures for the election and operation of the review board.  The executive director shall solicit and consider recommendations from the commercial bay and bait shrimp boat license holders regarding the procedures.(f)  The review board is not subject to Article 6252-33, Revised Statutes.|Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.|
TX Pks & Wildlife Code § 77.119 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter F. Bay Shrimp License Management|Section 77.119. License Buyback Program

Sec. 77.119.  LICENSE BUYBACK PROGRAM.  (a)  The department shall implement a license buyback program as part of the shrimp license management program established by this subchapter.(b)  The commission by rule may establish criteria, using reasonable classifications, by which the department selects licenses to be purchased.  The commission may delegate to the executive director, for purposes of this section only, the authority to develop the criteria through rulemaking procedures, but the commission by order must finally adopt the rules establishing the criteria.  The commission or executive director shall consult with the shrimp license management review board concerning establishment of the criteria.(c)  The commission shall retire each license purchased under the license buyback program until the commission finds that management of the shrimp fishery allows reissue of those licenses through auction or lottery.(d)  A person whose license is selected by the department to be purchased under the license buyback program shall be required to execute a contract that includes the following terms:"Section 40.251, Natural Resources Code, provides that any person who intentionally leaves, abandons, or maintains any vessel in a wrecked, derelict, or substantially dismantled condition in violation of Section 40.108, Natural Resources Code, shall be guilty of a Class A misdemeanor.  Further, a person who leaves, abandons, or maintains a derelict vessel in violation of Section 40.108, Natural Resources Code, shall be subject to a civil penalty of not less than $100 or more than $10,000 per violation for each day of violation, not to exceed a maximum of $125,000 pursuant to Section 40.251(f), Natural Resources Code.  I agree not to abandon or dispose of any vessel in violation of state law.  I further acknowledge that money paid to me under the license buyback program may be forfeited to the coastal protection fund established by Section 40.151, Natural Resources Code, if the commissioner of the General Land Office finds that the vessel to which the license applied was abandoned in violation of Section 40.108, Natural Resources Code."(e)  The commissioner of the General Land Office may order the forfeiture of any money paid to a person under the license buyback program if the commissioner finds that the vessel to which the license applied was abandoned by the person in violation of Section 40.108, Natural Resources Code.  Any money forfeited under this section shall be deposited to the credit of the coastal protection fund established by Section 40.151, Natural Resources Code.|Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.Amended by: Acts 2005, 79th Leg., Ch. 216 (H.B. 2096), Sec. 6, eff. September 1, 2005.|
TX Pks & Wildlife Code § 77.121 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter F. Bay Shrimp License Management|Section 77.121. Program Administration; Rules

Sec. 77.121.  PROGRAM ADMINISTRATION;  RULES.  (a)  The executive director shall establish administrative procedures to carry out the requirements of this subchapter.(b)  The commission shall adopt any rules necessary for the administration of the program established under this subchapter.|Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.|
TX Pks & Wildlife Code § 77.122 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter F. Bay Shrimp License Management|Section 77.122. Report to Legislature

Sec. 77.122.  REPORT TO LEGISLATURE.  Not later than January 1, 1999, the department shall report to the governor and each member of the legislature an overview of the administration and status of the shrimp license management program, including the biological, sociological, and economic effects of the program.|Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.|
TX Pks & Wildlife Code § 77.123 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter F. Bay Shrimp License Management|Section 77.123. Prevailing Authority

Sec. 77.123.  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 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.|
TX Pks & Wildlife Code § 77.151 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter G. Gulf Shrimp License Moratorium|Section 77.151. Gulf Shrimp License Moratorium Program

Sec. 77.151.  GULF SHRIMP LICENSE MORATORIUM PROGRAM.  The department shall implement a gulf shrimp license moratorium program to promote efficiency and economic stability in the gulf shrimping industry.|Added by Acts 2005, 79th Leg., Ch. 107 (S.B. 454), Sec. 3, eff. May 20, 2005.|
TX Pks & Wildlife Code § 77.152 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter G. Gulf Shrimp License Moratorium|Section 77.152. Issuance and Renewal of Commercial Gulf Shrimp Boat Licenses

Sec. 77.152.  ISSUANCE AND RENEWAL OF COMMERCIAL GULF SHRIMP BOAT LICENSES.  (a)  After August 31, 2005, the department may not issue or renew a commercial gulf shrimp boat license unless the person seeking to obtain or renew the license documents to the satisfaction of the department that the vessel for which the license is sought:(1)  is owned by the person;(2)  was licensed as a gulf shrimp boat on the day the renewal was sought or at the end of the licensing period immediately preceding the period for which the license is sought; and(3)  is intended to be licensed and used as a commercial gulf shrimp boat.(b)  An applicant for a new or renewed commercial gulf shrimp boat license for a vessel must submit to the department with the license application:(1)  the United States Coast Guard certificate of documentation for the vessel, if the vessel is required by United States Coast Guard rules to be documented; and(2)  the certificate of number for the vessel as required by Chapter 31.|Added by Acts 2005, 79th Leg., Ch. 107 (S.B. 454), Sec. 3, eff. May 20, 2005.|
TX Pks & Wildlife Code § 77.153 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter G. Gulf Shrimp License Moratorium|Section 77.153. Gulf Shrimp License Moratorium Review Board

Sec. 77.153.  GULF SHRIMP LICENSE MORATORIUM REVIEW BOARD.  (a)  The holders of commercial gulf shrimp boat licenses shall elect a gulf shrimp license moratorium review board of nine members.(b)  A member of the review board must be a holder of a commercial gulf shrimp boat license.(c)  The nine members of the review board must be selected to reflect the following geographical distribution according to the county of residence specified on the member's commercial gulf shrimp boat license:(1)  two members representing Orange, Jefferson, Chambers, and Harris Counties;(2)  one member representing Galveston County;(3)  two members representing Brazoria and Matagorda Counties;(4)  two members representing Calhoun, Aransas, Nueces, San Patricio, and Refugio Counties; and(5)  two members representing Kleberg, Cameron, and Willacy Counties.(d)  The review board shall advise the commission and department and make recommendations concerning the administrative aspects of the gulf shrimp license moratorium program, including hardship and appeal cases concerning eligibility.(e)  The executive director shall adopt procedures for the election and operation of the review board.  The executive director shall solicit and consider recommendations from the commercial gulf shrimp boat license holders regarding the procedures and the continued need for the board.(f)  The review board is not subject to Chapter 2110, Government Code.|Added by Acts 2005, 79th Leg., Ch. 107 (S.B. 454), Sec. 3, eff. May 20, 2005.|
TX Pks & Wildlife Code § 77.154 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 77 - Shrimp|Subchapter G. Gulf Shrimp License Moratorium|Section 77.154. Program Administration; Rules

Sec. 77.154.  PROGRAM ADMINISTRATION; RULES.  (a)  The executive director shall establish administrative procedures to carry out the requirements of this subchapter.(b)  The commission shall adopt any rules necessary for the administration of the program established under this subchapter.|Added by Acts 2005, 79th Leg., Ch. 107 (S.B. 454), Sec. 3, eff. May 20, 2005.|
TX Pks & Wildlife Code § 78.001 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 78 - Mussels, Clams, and Crabs|Subchapter A. Mussels and Clams|Section 78.001. Definitions

Sec. 78.001.  DEFINITIONS.  In this chapter:(1)  "Commercial purposes" includes sale, barter, or exchange, or any other commercial use.(2)  "Mussels and clams" includes all freshwater and marine bivalve mollusks except species covered under other chapters of this code.(3)  "Nonresident" has the meaning assigned under Section 47.001 of this code.(4)  "Soft tissue" means mussel and clam body parts, exclusive of the shell, and pearls.(5)  "Resident" has the meaning assigned under Section 47.001 of this code.|Added by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1, 1993.|
TX Pks & Wildlife Code § 78.002 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 78 - Mussels, Clams, and Crabs|Subchapter A. Mussels and Clams|Section 78.002. License Required; Fees

Sec. 78.002.  LICENSE REQUIRED;  FEES.  (a)  No person may take any mussels, clams, or their shells from the public water of the state for commercial purposes without a resident or nonresident commercial mussel and clam fisherman's license.(b)  The license form shall be prescribed by the department and shall designate the water in which the licensee may operate.  All licenses issued under the authority of Chapter 78 of this code are valid only during the yearly period for which they are issued without regard to the date on which the licenses are acquired.  Each yearly period begins on September 1 or another date set by the commission and extends through August 31 of the next year or another date set by the commission.  The commission by rule may set the amount of a license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year.(c)  The license fee for a resident commercial mussel and clam fisherman's license is $30 or an amount set by the commission, whichever amount is more.(d)  The license fee for a nonresident commercial mussel and clam fisherman's license is $800 or an amount set by the commission, whichever amount is more.(e)  The department may grant permission to use a dredge in a designated area for an additional fee of $30 or an amount set by the commission, whichever amount is more.(f)  Repealed by Acts 1995, 74th Leg., ch. 931, Sec. 80, eff. June 16, 1995.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Renumbered from Sec. 71.001 and 71.002 and amended by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 931, Sec. 76, 80, eff. June 16, 1995.|