PARKS AND WILDLIFE CODE
CHAPTER 77. SHRIMP
SUBCHAPTER A. GENERAL PROVISIONS
§ 77.001. DEFINITIONS. In this chapter:
(1) "Coastal water" means all the salt water of this
state, including that portion of the Gulf of Mexico within the
jurisdiction of the state.
(2) "Inside water" means all bays, inlets, outlets,
passes, rivers, streams, and other bodies of water landward from
the shoreline of the state along the Gulf of Mexico and contiguous
to, or connected with, but not a part of, the Gulf of Mexico and
within which the tide regularly rises and falls and in which
saltwater shrimp are found or into which saltwater shrimp migrate.
(3) "Outside water" means the salt water of the state
contiguous to and seaward from the shoreline of the state along the
Gulf of Mexico as the shoreline is projected and extended in a
continuous and unbroken line, following the contours of the
shoreline, across bays, inlets, outlets, passes, rivers, streams,
and other bodies of water; and that portion of the Gulf of Mexico
extending from the shoreline seaward and within the jurisdiction of
the state.
(4) "Major bays" means the deeper, major bay areas of
the inside water, including Sabine Lake north of Cameron Causeway,
Trinity Bay, Galveston Bay, East Galveston Bay, West Galveston Bay,
Matagorda Bay (including East Matagorda Bay), Tres Palacios Bay
south of a line from Grassy Point to the mouth of Pilkerton Bayou,
Espiritu Santo Bay, Lavaca Bay seaward of State Highway 35, San
Antonio Bay seaward of a line from McDowell Point to Grassy Point to
Marker 32 on the Victoria Barge Canal, Ayres Bay, Carlos Bay,
Aransas Bay, Mesquite Bay, and Corpus Christi Bay, all exclusive of
tributary bays, bayous, and inlets, lakes, and rivers.
(5) "Possess" means the act of having in possession or
control, keeping, detaining, restraining, or holding as owner, or
under a fishing ley, or as agent, bailee, or custodian of another.
(6) "Commercial gulf shrimp boat" means any boat that
is required to be numbered or registered under the laws of the
United States or of this state and that is used for the purpose of
catching or assisting in catching shrimp and other edible aquatic
products from the outside water of the state for pay or for the
purpose of sale, barter, or exchange, or from salt water outside the
state for pay or for the purpose of sale, barter, or exchange, and
that unloads at a port or other point in the state without having
been previously unloaded in another state or foreign country.
(7) "Commercial bay shrimp boat" means a boat that is
required to be numbered or registered under the laws of the United
States or this state and that is used for the purpose of catching or
assisting in catching shrimp and other edible aquatic products from
the inside water of this state for pay or for the purpose of sale,
barter, or exchange.
(8) "Commercial bait shrimp boat" means a boat that is
required to be numbered or registered under the laws of the United
States or of this state and that is used for the purpose of catching
or assisting in catching shrimp for use as bait and other edible
aquatic products from the inside water of the state for pay or for
the purpose of sale, barter, or exchange.
(9) Repealed by Acts 1997, 75th Leg., ch. 1256, §
130, eff. Sept. 1, 1997.
(10) "Bait-shrimp dealer" means a person who operates
an established place of business in a coastal county of the state
for compensation or profit for the purpose of handling shrimp
caught for use as bait from the inside water of this state, but does
not include a person holding a wholesale fish dealer's license
under Section 47.009 of this code.
(11) "Individual bait-shrimp trawl" means a trawl,
net, or rig used for the purpose of catching shrimp for one's own
personal use.
(12) "Second offense" and "third and subsequent
offenses" mean offenses for which convictions have been obtained
within three years prior to the date of the offense charged.
(13) "Contiguous zone," means that area of the Gulf of
Mexico lying adjacent to and offshore of the jurisdiction of the
State of Texas and in which shrimp of the genus Penaeus are found.
(14) "Bait bays" includes major bays, Copano Bay east
of a line running from Rattlesnake Point to the northeastern
boundary of the Bayside township, Nueces Bay from the bridge at
State Highway 181 west to the second overhead power line dissecting
the bay, Upper Laguna Madre, Baffin Bay, Alazan Bay, Carlos Bay,
Baroom Bay, Lower Laguna Madre, and the Gulf Intracoastal Waterway
exclusive of all tributaries.
(15) "Nursery areas" includes tributary bays, bayous,
inlets, lakes, and rivers, which are proven to serve as significant
growth and development environments for postlarval and juvenile
shrimp not including the outside waters, major bays, or bait bays as
defined in this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1220, ch. 456, § 20(a), eff.
Sept. 1, 1975; Acts 1979, 66th Leg., p. 1297, ch. 600, § 1, 2,
eff. Aug. 27, 1979; Acts 1997, 75th Leg., ch. 1256, § 130, eff.
Sept. 1, 1997.
§ 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 and Section 134.014(b), Agriculture Code. 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 2003, 78th Leg., ch. 265, § 8, eff. June 18,
2003; Acts 2003, 78th Leg., ch. 677, § 6, eff. June 20, 2003.
§ 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, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 633, § 2, eff. June 14,
1985.
§ 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, § 45, eff. Sept. 1, 2001.
§ 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, § 3, eff. June 14, 1985.
SUBCHAPTER B. PROVISIONS GENERALLY APPLICABLE TO SHRIMPING
§ 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, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1999, 76th Leg., ch. 524, § 1, eff.
Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 1465, ch. 641, § 1, eff.
Sept. 1, 1979; Acts 1981, 67th Leg., p. 2166, ch. 506, § 2, eff.
June 12, 1981; Acts 1985, 69th Leg., ch. 267, art. 3, § 85, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, § 116, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 1180, § 1, eff. Sept. 1, 2001.
§ 77.021. SEPARATE OFFENSE. Each day on which a
violation occurs constitutes a separate offense.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1213, ch. 456, § 13(i), eff.
Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 86, eff.
Sept. 1, 1985.
§ 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, § 13(j), eff.
Sept. 1, 1975.
SUBCHAPTER C. SHRIMP LICENSES
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1213, ch. 456, § 13(g), eff.
Sept. 1, 1975; Acts 1979, 66th Leg., p. 2012, ch. 789, § 2, eff.
Aug. 27, 1979; Acts 1983, 68th Leg., p. 1338, ch. 277, § 48, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 68, eff.
Sept. 1, 1985; Acts 1985, 69th Leg., ch. 633, § 4, eff. June 14,
1985; Acts 1987, 70th Leg., ch. 621, § 6, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 365, § 25, eff. Dec. 16, 1993; Acts
1995, 74th Leg., ch. 931, § 72, eff. June 16, 1995.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1338, ch. 277, § 49, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 69, eff.
Sept. 1, 1985; Acts 1985, 69th Leg., ch. 633, § 5, eff. June 14,
1985; Acts 1987, 70th Leg., ch. 621, § 7, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 365, § 26, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 931, § 73, eff. June 16, 1995.
§ 77.035. COMMERCIAL GULF SHRIMP BOAT LICENSE. (a) 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1213, ch. 456, § 13(h), eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 1338, ch. 277, § 50, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 70, eff.
Sept. 1, 1985; Acts 1985, 69th Leg., ch. 633, § 6, eff. June 14,
1985; Acts 1987, 70th Leg., ch. 621, § 8, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 365, § 27, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 931, § 74, eff. June 16, 1995.
§ 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, § 7, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1180, § 2, eff. Sept. 1,
2001.
§ 77.0352. SALE OF CATCH. (a) The holder of a
commercial shrimp boat license may sell only the catch of shrimp
from the vessel to which the commercial shrimp boat license
applies.
(b) The holder of a commercial shrimp boat 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 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, § 7, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1987, 70th Leg., ch. 621, § 9, eff. Sept. 1,
1987; Acts 1993, 73rd Leg., ch. 365, § 28, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 450, § 25, eff. Sept. 1, 1993.
§ 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, § 29, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 339, § 3, eff. June 8, 1995;
Acts 1995, 74th Leg., ch. 931, § 75, eff. June 16, 1995; Acts
1997, 75th Leg., ch. 1256, § 117, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 365, § 30, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1256, § 118, eff. Sept. 1, 1997.
§ 77.039. LICENSE DESIGN. (a) A commercial shrimp
boat license issued under this subchapter must be a metal or plastic
sign or emblem at least 32 square inches in size, and have a
different color or design for each license period.
(b) The character, color, and design of each class of
commercial shrimp boat license issued under this subchapter must be
distinguishable.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 77.040. OTHER LICENSES REQUIRED. (a) A person
holding a commercial shrimp boat license under this subchapter is
not required to obtain a commercial fishing boat license under
Section 47.007 of this code.
(b) The captain of a commercial shrimp boat who holds a
commercial shrimp boat captain's license and each paid member of
the crew of a boat having a commercial shrimp boat license issued
under this subchapter are not required to have a general commercial
fisherman's license issued under Section 47.002 of this code, a
commercial finfish fisherman's license issued under Section 47.003
of this code, or a bait dealer's license issued under Section 47.014
of this code to catch and unload aquatic products lawfully taken
incidental to lawful shrimping.
(c) The captain and each crew member of a licensed
commercial shrimp boat must possess and produce on request to any
enforcement officer proof of the person's identity.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 550, ch. 260, art. 4, § 4,
eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1399, ch. 623, § 9,
eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 365, § 31, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 862, § 8, eff. Sept. 1,
1995.
§ 77.043. BAIT-SHRIMP DEALER LICENSE. (a) No person
may engage in business as a bait-shrimp dealer unless he has
obtained a bait-shrimp dealer's license from the department for
each bait stand or place of business he maintains.
(b) The fee for a bait-shrimp dealer's license is $60 or an
amount set by the commission, whichever amount is more.
(c) A bait-shrimp dealer's license expires August 31
following the date of issuance.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1339, ch. 277, § 52, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 72, eff.
Sept. 1, 1985.
§ 77.044. ISSUANCE OF BAIT-SHRIMP DEALER'S
LICENSE. (a) The department shall issue a bait-shrimp dealer's
license only after it has determined that the applicant for the
license is a bona fide bait-shrimp dealer.
(b) A bait-shrimp dealer's license may not be held by a
person who also holds a wholesale fish dealer's license.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 119, eff. Sept. 1,
1997.
§ 77.045. RIGHTS AND DUTIES OF BAIT-SHRIMP
DEALER. (a) The holder of a bait-shrimp dealer's license may
sell, purchase, and handle shrimp, minnows, fish, and other forms
of aquatic life for sale or resale for fish bait purposes in the
coastal counties of this state.
(b) The holder of a bait-shrimp dealer's license is not
required to obtain a bait dealer's license issued under Section
47.014 of this code unless he engages in the business in a county
other than a coastal county.
(c) Repealed by Acts 1981, 67th Leg., p. 2693, ch. 730, §
2, eff. Aug. 31, 1981.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2692, ch. 730, § 2, eff. Aug.
31, 1981.
§ 77.046. EXEMPTIONS FROM BAIT-SHRIMP DEALER'S
LICENSE. A bait-shrimp dealer's license is not required for:
(1) grocery stores in coastal counties which do not
unload or purchase shrimp directly from commercial bait-shrimp
boats;
(2) bait dealers in coastal counties who do not sell or
offer for sale or handle shrimp for sale or resale for bait
purposes, but these dealers must have a bait-dealer's license
issued under Section 47.014 of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 77.048. INDIVIDUAL BAIT-SHRIMP TRAWL
LICENSE. (a) No person may possess or have on board a boat in
coastal water an individual bait-shrimp trawl unless the owner of
the trawl has obtained an individual bait-shrimp trawl license from
the department.
(b) The fee for the individual bait-shrimp trawl license is
$15 or an amount set by the commission, whichever amount is more.
(c) The individual bait-shrimp trawl license expires on
August 31 following the date of issuance.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1339, ch. 277, § 53, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 73, eff.
Sept. 1, 1985; Acts 1985, 69th Leg., ch. 633, § 7, eff. June 14,
1985.
§ 77.049. LICENSE FEES.
Text of section effective until September 1, 2005
(a) Fees for licenses issued under Sections 77.031 and
77.035 may not be increased by more than 10 percent of the amount of
the fee set by the commission and effective on September 1, 2002.
(b) This section expires September 1, 2005.
Added by Acts 2003, 78th Leg., ch. 265, § 10, eff. June 18, 2003;
Acts 2003, 78th Leg., ch. 677, § 8, eff. June 20, 2003.
SUBCHAPTER D. SHRIMPING IN OUTSIDE WATER
§ 77.061. GENERAL CLOSED SEASON. (a) Except as
specifically provided in this subchapter, no person may catch
shrimp in outside water:
(1) from June 1 to July 15, both dates inclusive, or
during a period provided under Section 77.062 of this code, as
applicable; or
(2) extending from the coastline of Texas up to and
including seven fathoms in depth from December 16 of each year to
February 1 of the following year, both dates inclusive, unless
taking sea bobs.
(b) Notwithstanding the provisions of Subchapter E, Chapter
12, of this code, a person who violates Subdivision (1) of
Subsection (a) of this section or Section 77.024 of this code
commits an offense and on conviction is punishable by a fine of not
less than $2,500 nor more than $5,000, by confinement in the county
jail for not less than six months nor more than one year, or by both.
(c) Except as provided in this section, the presence of a
shrimp trawl (excluding doors) not stored within the confines of
the hull of a vessel in outside water during the closed period
provided by Subdivision (1) of Subsection (a) of this section is
prima facie evidence of a violation of this section.
(d) Subsection (c) of this section does not apply to a
licensed commercial gulf shrimp boat within one-fourth mile of
jetties when the vessel is in direct transit to open water to catch
white shrimp as provided in Section 77.065, Parks and Wildlife
Code, as amended.
(e) A commercial shrimp boat operating in the outside water
during the closed season as provided by Subdivision (1) of
Subsection (a) of this section shall display its documentation
number issued by the United States Coast Guard for documented
vessels or a registration number issued by a state on the port and
starboard sides of the deckhouse or hull and on an appropriate
weather deck so as to be clearly visible from enforcement vessels
and aircraft. This number shall be permanently attached or painted
on the vessel in block Arabic numerals in contrasting color to the
background and at least 18 inches in height on vessels over 65 feet
in length or at least 10 inches in height for all other vessels.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1220, ch. 456, § 20(b), eff.
Sept. 1, 1975; Acts 1981, 67th Leg., p. 2165, ch. 506, § 1, eff.
June 12, 1981; Acts 1985, 69th Leg., ch. 267, art. 3, § 87, eff.
Sept. 1, 1985.
§ 77.062. CHANGE IN GENERAL CLOSED SEASON. Based on
sound biological data, the commission may change the opening and
closing dates of the June 1 to July 15 closed season to provide for
an earlier, later, or longer season not to exceed 60 days. The
commission may change the closing date with 72 hours public notice
and may reopen the season with 24 hours notice. The commission may
delegate to the director the duties and responsibilities of opening
and closing the shrimping season under this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1220, ch. 456, § 20(b), eff.
Sept. 1, 1975.
§ 77.063. GENERAL LIMITATION ON NETS. (a) Repealed by
Acts 1997, 75th Leg., ch. 1256, § 130, eff. Sept. 1, 1997.
(b) When restrictions are imposed on either or both the size
and number of main trawls, no person may use a try net in outside
water exceeding 21 feet in width as measured along an uninterrupted
corkline from leading tip of door to leading tip of door and having
doors or boards that exceed 450 square inches each or a beam trawl
exceeding 10 feet in width as measured along the beam of a beam
trawl in its fully extended position.
(c) This section does not apply to the taking of sea bobs.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 1092, ch. 511, § 1, eff. June
11, 1979; Acts 1997, 75th Leg., ch. 1256, § 130, eff. Sept. 1,
1997.
§ 77.071. REGULATIONS IN CONTIGUOUS
ZONE. (a) Repealed by Acts 1987, 70th Leg., ch. 217, § 2, eff.
Sept. 1, 1987.
(b) The department may negotiate reciprocal agreements with
another state with respect to the application of one state's
shrimping regulations in its contiguous zone to citizens of the
other state.
Added by Acts 1975, 64th Leg., p. 1221, ch. 456, § 20(f), eff.
Sept. 1, 1975. Amended by Acts 1987, 70th Leg., ch. 217, § 2,
eff. Sept. 1, 1987.
§ 77.072. SHRIMP SIZE EXCEPTION. Minimum size
restrictions as provided in Chapter 77, Parks and Wildlife Code, as
amended, do not apply to shrimp taken from outside waters when:
(1) the Gulf of Mexico Fishery Management Council's
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico
is in effect; and
(2) such plan as described in Subsection (a) of this
section restricts the taking of shrimp in the Fishery Conservation
Zone contiguous to the outside waters of Texas, to conform with the
Texas closed Gulf season as defined in Sections 77.061(1) and
77.062 of this code.
Added by Acts 1981, 67th Leg., p. 452, ch. 187, § 1, eff. May 25,
1981.
SUBCHAPTER F. SHRIMP LICENSE MANAGEMENT
§ 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, § 1, eff. June 8, 1995.
§ 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, § 1, eff. June 8, 1995.
§ 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, § 1, eff. June 8, 1995.
§ 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, § 1, eff. June 8, 1995.
§ 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, § 1, eff. June 8, 1995.
§ 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, § 1, eff. June 8, 1995.
§ 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, § 1, eff. June 8, 1995.
§ 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, § 1, eff. June 8, 1995.
§ 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.
Added by Acts 1995, 74th Leg., ch. 339, § 1, eff. June 8, 1995.
§ 77.120. SHRIMP LICENSE BUYBACK ACCOUNT; FEE
INCREASE. (a) The shrimp license buyback account is a separate
account in the general revenue fund. The account consists of money
deposited to the account under this section. Sections 403.094 and
403.095, Government Code, do not apply to the account.
(b) The department may accept grants and donations of money
or materials from private or public sources to be applied to the
shrimp license buyback account.
(c) In addition to fee increases the department is
authorized to make under this code, the department shall increase
by 15 percent, but not by an amount that exceeds $25, the fee for the
following licenses and shall deposit the amount of the increase to
the credit of the shrimp license buyback account:
(1) a bait-shrimp dealer's license issued under
Section 77.043;
(2) a wholesale fish dealer's license issued under
Section 47.009;
(3) a wholesale truck dealer's fish license issued
under Section 47.010;
(4) a retail fish dealer's license issued under
Section 47.011;
(5) a retail dealer's truck license issued under
Section 47.013;
(6) a shrimp house operator license issued under
Section 77.042;
(7) a commercial bait-shrimp boat license issued under
Section 77.033;
(8) a commercial bay shrimp boat license issued under
Section 77.031;
(9) a commercial gulf shrimp boat license issued under
Section 77.035; and
(10) an individual bait-shrimp trawl license issued
under Section 77.048.
(d) The department shall deposit to the credit of the shrimp
license buyback account transfer fees received under Section
77.115.
(e) Money in the shrimp license buyback account may be used
only to buy back from a willing license holder a commercial bay or
bait shrimp boat license.
Added by Acts 1995, 74th Leg., ch. 339, § 1, eff. June 8, 1995.
§ 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, § 1, eff. June 8, 1995.
§ 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, § 1, eff. June 8, 1995.
§ 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, § 1, eff. June 8, 1995.
