reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 76 - Oysters › Subchapter C. Oyster Licenses › Section 76.117. Obedience to Orders

Sec. 76.117.  OBEDIENCE TO ORDERS.  No person may fail or refuse to obey a lawful order of a commissioned game warden of the department issued under the authority of this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 78 (H.B. 1346), Sec. 5, eff. May 19, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 76 - Oysters › Subchapter C. Oyster Licenses › Section 76.1181. Suspension of License

Sec. 76.1181.  SUSPENSION OF LICENSE.  (a)  For purposes of this section, "final conviction" includes a plea of guilty or nolo contendere to or the imposition of deferred adjudication for an offense.
(b)  On final conviction for an offense punishable under Section 76.118(e-3) or (e-4), the commercial oyster boat license of the boat used in the commission of the violation is suspended for 30 days.
(c)  On final conviction for an offense punishable under Section 76.118(e-3) or (e-4), the commercial oyster boat captain's license of the captain of the boat used in the commission of the violation is suspended for 30 days.  During the period of suspension, the holder of the suspended license may not purchase a general commercial fisherman's license or a commercial oyster fisherman's license.
(d)  On final conviction for an offense punishable under Section 76.118(e-3) or (e-4), the general commercial fisherman's license of a member of the crew of a boat on which the violation was committed is suspended for 30 days.  During the suspension period, the holder of the suspended license may not purchase a commercial oyster boat captain's license or a commercial oyster fisherman's license.
(d-1)  On final conviction for an offense punishable under Section 76.118(e-3) or (e-4), the commercial oyster fisherman's license of the person who takes or attempts to take oysters without the use of a boat is suspended for 30 days.
(e)  On final conviction for the third offense within five years of the commission of an offense punishable under Section 76.118, for a violation of a provision or regulation relating to oyster size in which the conviction was for possession of a cargo of oysters in which 30 percent or more of the oysters measured less than three inches in length along an imaginary straight line through the long axis of the shell, any license issued by the department to a person that purchases oysters is suspended for 30 days.  During the suspension period, the holder of the suspended license may not purchase a license issued by the department allowing the taking or purchase of oysters.
(f)  A suspension period described by this section must be served during the public oyster season in which the violation occurred, unless less than 30 days remain in the public oyster season, in which case the suspension must be served at the beginning of the next public oyster season.
Added by Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 76 - Oysters › Subchapter C. Oyster Licenses › Section 76.119. Responsibility for Violation

Sec. 76.119.  RESPONSIBILITY FOR VIOLATION.  (a)  If a vessel licensed as a commercial oyster boat is involved in a violation of this chapter, the captain of the vessel licensed as a commercial oyster boat is primarily responsible for the violation.  A member of the crew of a vessel licensed as a commercial oyster boat is not guilty of a violation unless the member of the crew committed the violation against the captain's orders, except for a violation of Section 76.109, 76.112, or 76.116, in which case each person on the vessel is responsible for the violation.
(b)  The owner of a vessel licensed as a commercial oyster boat involved in a violation of this chapter is not guilty of the violation unless the owner knowingly directed, authorized, permitted, agreed to, aided, or acquiesced in the violation.
(c)  The captain of a vessel licensed as a commercial oyster boat shall identify the name of the captain, the vessel, and each member of the crew to each purchaser of oysters.
(d)  A person who purchases oysters under Section 47.0091, who holds a shellfish certificate as defined by Section 436.002, Health and Safety Code, and who purchases oysters from a captain of a vessel licensed as a commercial oyster boat, the holder of a commercial oyster boat license, or a member of the crew of a commercial oyster boat in violation of Section 76.109 or 76.112 or this section may not possess the oysters and is subject to any penalty prescribed by law.
Added by Acts 1989, 71st Leg., ch. 255, Sec. 12, eff. July 31, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 241 (S.B. 2379), Sec. 4, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 76 - Oysters › Subchapter E. Oyster Regulations › Section 76.301. Regulation of Taking, Possession, Purchase, and Sale of Oysters

Sec. 76.301.  REGULATION OF TAKING, POSSESSION, PURCHASE, AND SALE OF OYSTERS.  (a)  The commission by proclamation may regulate the taking, possession, purchase, and sale of oysters.  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 the depletion of oyster beds while achieving, on a continuing basis, the optimum yield for the oystering industry;
(2)  measures based on the best scientific information available;
(3)  measures to manage oysters;
(4)  measures, where practicable, that will promote efficiency in utilizing oyster 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 oysters that may be taken, possessed, sold, or purchased and may prescribe the times, places, conditions, and means and manner of taking oysters.
(d)  A proclamation of the commission under this section prevails over:
(1)  any conflicting provision of Subchapter A, B, or C 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 proclamation of the commission under this section does not prevail over any order, rule, or regulation adopted by the Commissioner of Health under Subchapter D of this chapter.
(f)  A person who violates a proclamation issued under this subchapter commits an offense that is a Parks and Wildlife Code Class C misdemeanor.
(g)  The commission shall make no proclamation under this chapter until it has approved and adopted an oyster management plan and economic impact analysis prepared by the department as provided in Section 76.302 of this code and unless such proclamation is shown to be consistent with the approved oyster management plan.
(h)  A proclamation of the commission under this section applies to any person who:
(1)  purchases oysters from the captain of a commercial oyster boat, the holder of a commercial oyster boat license, or a member of the crew of a commercial oyster boat;
(2)  purchases oysters under Section 47.0091; and
(3)  holds a shellfish certificate, as defined by Section 436.002, Health and Safety Code.
Added by Acts 1985, 69th Leg., ch. 633, Sec. 1, eff. June 14, 1985.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 76 - Oysters › Subchapter E. Oyster Regulations › Section 76.302. Research Program

Sec. 76.302.  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 oysters;
(2)  factors affecting the increase or decrease in oyster stocks in both an annual and long-term cycle;
(3)  the use and effectiveness of dredges and other devices for the taking of oysters;
(4)  industrial and other pollution of the water naturally frequented by oysters;
(5)  statistical information gathered by the department on the marketing, harvesting, processing, and taking of oysters;
(6)  environmental parameters in areas in which oysters may be found that may serve as limiting factors of oyster population abundance;
(7)  other factors that, based on the best scientific information available, may affect the health and well-being of the economically important oyster resources;  and
(8)  alternative management measures for oysters 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.
Added by Acts 1985, 69th Leg., ch. 633, Sec. 1, eff. June 14, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 76 - Oysters › Subchapter E. Oyster Regulations › Section 76.303. Sale of Raw Oysters for Consumption Within This State

Sec. 76.303.  SALE OF RAW OYSTERS FOR CONSUMPTION WITHIN THIS STATE.  Any federal regulations that prohibit the interstate transport and sale of oysters that have not been postharvest treated do not apply to oysters harvested from waters of this state and sold and consumed in this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 381 (S.B. 387), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 76 - Oysters › Subchapter E. Oyster Regulations › Section 76.304. Vessel Monitoring System

Sec. 76.304.  VESSEL MONITORING SYSTEM.  (a)  The commission by proclamation may establish a vessel monitoring system for commercial oyster boats.
(b)  Before the commission issues a proclamation under Subsection (a), the department shall consult with commercial oyster boat license holders concerning establishment of a vessel monitoring system.
Added by Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 7, eff. September 1, 2017.
2023 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 76.401. Oyster License Moratorium Program

Sec. 76.401.  OYSTER LICENSE MORATORIUM PROGRAM.  The department shall implement an oyster license moratorium program to promote efficiency and economic stability in the oyster industry.
Added by Acts 2005, 79th Leg., Ch. 104 (S.B. 272), Sec. 1, eff. May 20, 2005.
2023 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 76.402. Issuance and Renewal of Commercial Oyster Boat Licenses

Sec. 76.402.  ISSUANCE AND RENEWAL OF COMMERCIAL OYSTER BOAT LICENSES.  (a)  After August 31, 2005, the department may not issue or renew a commercial oyster 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 commercial oyster 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 oyster boat.
(b)  An applicant for a new or renewed commercial oyster 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. 104 (S.B. 272), Sec. 1, eff. May 20, 2005.
2023 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 76.403. Oyster License Moratorium Review Board

Sec. 76.403.  OYSTER LICENSE MORATORIUM REVIEW BOARD.  (a)  The holders of commercial oyster boat licenses shall elect an oyster license moratorium review board of seven members.
(b)  A member of the review board must be a holder of a commercial oyster boat license.
(c)  The seven 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 oyster boat license:
(1)  one member representing Orange, Jefferson, Chambers, and Harris Counties;
(2)  two members representing Galveston County;
(3)  one member representing Brazoria and Matagorda Counties;
(4)  two 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 oyster license moratorium program, including hardship and appeal cases concerning eligibility.
(e)  The director shall adopt procedures for the election and operation of the review board.  The director shall solicit and consider recommendations from the commercial oyster 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. 104 (S.B. 272), Sec. 1, eff. May 20, 2005.
2023 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 76.404. Program Administration; Rules

Sec. 76.404.  PROGRAM ADMINISTRATION; RULES.  (a)  The 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. 104 (S.B. 272), Sec. 1, eff. May 20, 2005.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 77.034. Commercial Gulf Shrimp Unloading License

Sec. 77.034.  COMMERCIAL GULF SHRIMP UNLOADING LICENSE.  (a)  Except as provided by Subsection (b), no person may unload or allow to be unloaded at a port or point in this state shrimp or other aquatic products caught or taken from the outside water or from salt water outside the state without having been previously unloaded in some other state or foreign country, unless the person has obtained:
(1)  a commercial gulf shrimp unloading license; and
(2)  a federal commercial vessel permit for gulf shrimp from the National Oceanic and Atmospheric Administration.
(b)  A person holding a valid resident or nonresident commercial gulf shrimp boat license is exempt from the requirement to hold a commercial gulf shrimp unloading license.
(c)  A vessel operating under a commercial gulf shrimp unloading license must make a nonstop progression through outside waters to a place of unloading. The commission shall adopt rules for the requirements of trawl gear storage for a vessel who holds a commercial gulf shrimp unloading license while that vessel is making a nonstop progression through outside waters to a place of unloading.
(d)  The fee for a commercial gulf shrimp unloading license is $1485, or an amount set by the commission, whichever amount is more. Revenue from the fee shall be deposited to the credit of the game, fish, and water safety account established under Section 11.032.
Added by Acts 2017, 85th Leg., R.S., Ch. 1151 (H.B. 1260), Sec. 4, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1173 (H.B. 3317), Sec. 17(a), eff. June 14, 2019.
2023 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 77.035. Commercial Gulf Shrimp Boat License

Sec. 77.035.  COMMERCIAL GULF SHRIMP BOAT LICENSE.  (a)  Except as permitted under Section 77.034, no person may operate a commercial gulf shrimp boat for catching or assisting in catching shrimp and other edible aquatic products from the outside water, or have on board a boat, or unload, or allow to be unloaded at a port or point in this state, shrimp and other edible aquatic products caught or taken from the outside water or from salt water outside the state without having been previously unloaded in some other state or foreign country, unless the owner of the boat has obtained a commercial gulf shrimp boat license.
(b)  The fee for a commercial gulf shrimp boat license is $250 or an amount set by the commission, whichever amount is more.
(c)  The fee for a commercial gulf 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 $1,000 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(h), eff. Sept. 1, 1975;  Acts 1983, 68th Leg., p. 1338, ch. 277, Sec. 50, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 70, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 633, Sec. 6, eff. June 14, 1985;  Acts 1987, 70th Leg., ch. 621, Sec. 8, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 365, Sec. 27, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 74, eff. June 16, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1151 (H.B. 1260), Sec. 5, eff. September 1, 2017.
2023 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 77.0351. Commercial Shrimp Boat Captain's License

Sec. 77.0351.  COMMERCIAL SHRIMP BOAT CAPTAIN'S LICENSE.  (a)  No captain of a licensed commercial shrimp boat may operate a licensed commercial shrimp boat while catching or attempting to catch shrimp from the public water of this state or unloading or attempting to unload in this state shrimp and other aquatic products taken from saltwater outside this state for pay or for purposes of sale, unless the person holds a commercial shrimp boat captain's license issued by the department.
(b)  Except as provided by Subsection (c), the fee for a resident commercial shrimp boat captain's license shall be no less than $25 and no more than $50.
(c)  The fee for a nonresident commercial shrimp boat captain's license is $100 or an amount set by the commission, whichever amount is more.
(d)  In this section, "resident" and "nonresident" have the meanings assigned by Section 47.001.
(e)  Subchapter D, Chapter 12, does not apply to a violation of this section if another violation of this chapter or a rule adopted under this chapter does not exist at the time of the violation.
Added by Acts 1995, 74th Leg., ch. 862, Sec. 7, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1180, Sec. 2, eff. Sept. 1, 2001.
2023 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 77.0352. Sale of Catch

Sec. 77.0352.  SALE OF CATCH.  (a)  The holder of a commercial shrimp boat license or commercial gulf shrimp unloading license may sell only the catch of shrimp from the vessel to which the commercial shrimp boat license or commercial gulf shrimp unloading license applies.
(b)  The holder of a commercial shrimp boat license or commercial gulf shrimp unloading license may sell aquatic products other than shrimp if those aquatic products:
(1)  were taken incidental to lawful shrimping on the vessel to which the commercial shrimp boat license or commercial gulf shrimp unloading license applies; and
(2)  comply with all applicable provisions of this code or commission regulations.
(c)  The holder of a commercial shrimp boat captain's license may sell only:
(1)  the catch of shrimp from the vessel being operated by that license holder;  and
(2)  aquatic products other than shrimp if those aquatic products:
(A)  were taken incidental to lawful shrimping;  and
(B)  comply with all applicable provisions of this code or commission regulations.
(d)  Subsection (c) does not authorize the sale of shrimp or other aquatic products without the consent of the owner of the vessel used to make the catch.
(e)  No person, including a crew member of a licensed commercial shrimp boat, may sell the catch of shrimp or other aquatic products taken incidental to the legal shrimping operation, except as provided by this section.
Added by Acts 1995, 74th Leg., ch. 862, Sec. 7, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1151 (H.B. 1260), Sec. 6, eff. September 1, 2017.
2023 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 77.036. Official Registration

Sec. 77.036.  OFFICIAL REGISTRATION.  (a)  An applicant for a commercial shrimp boat license, which is not a renewal of the previous year's license, issued under this subchapter must submit to the department the boat's United States Coast Guard certificate of documentation or the Texas certificate of number for a vessel or other state's certificate of number for a motorboat.
(b)  The certificate of license issued by the department for a commercial shrimp boat must contain the name of the boat if the boat is registered with the United States Coast Guard and the number appearing on the United States Coast Guard certificate of documentation or the Texas or other state's certificate of number.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1987, 70th Leg., ch. 621, Sec. 9, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 365, Sec. 28, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 450, Sec. 25, eff. Sept. 1, 1993.
2023 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 77.0361. License Expirations and Transfers

Sec. 77.0361.  LICENSE EXPIRATIONS AND TRANSFERS.  (a)  All licenses issued under the authority of Chapter 77 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.
(b)  All licenses issued under the authority of this chapter may not be transferred to another person or vessel except as provided by Subsection (c) or by Section 77.113.  A license issued under the authority of Section 77.043 in the name of a business remains valid for the business location specified on the license if a change of ownership or business name occurs.  A license issued under the authority of Section 77.035 may be transferred to another vessel or to the new owner of the same vessel.
(c)  The commission, by regulation, may prescribe requirements necessary for license transfers and may prescribe, by regulation, forms to be used and fees to be charged for transfers of licenses in this chapter, for duplicate license plates, or for duplicate or replacement licenses.
Added by Acts 1993, 73rd Leg., ch. 365, Sec. 29, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 339, Sec. 3, eff. June 8, 1995;  Acts 1995, 74th Leg., ch. 931, Sec. 75, eff. June 16, 1995;  Acts 1997, 75th Leg., ch. 1256, Sec. 117, eff. Sept. 1, 1997.
2023 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 77.037. Transfer of License

Sec. 77.037.  TRANSFER OF LICENSE.  A commercial gulf shrimp boat license issued under this subchapter may be transferred on the application of the licensee from a boat that has been destroyed or lost to a boat acquired by the licensee as a replacement.  The commission, by regulation, may prescribe requirements necessary to clarify license transfer procedures and may prescribe, by regulation, forms to be used and fees to be charged for transfer of licenses authorized by this subsection.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 365, Sec. 30, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1256, Sec. 118, eff. Sept. 1, 1997.