Bill Text: TX HB852 | 2013-2014 | 83rd Legislature | Engrossed

---

Bill Title: Relating to the sale and purchase of shark fins or products derived from shark fins; creating an offense.

Sponsorship: Slight Partisan Bill (Democrat 5-2)

Status: (Engrossed - Dead) 2013-05-21 - Not again placed on intent calendar [HB852 Detail]

Download: Texas-2013-HB852-Engrossed.html

---

83R16756 SGA-F
By: Lucio III, Isaac, Farrar, Villarreal, H.B. No. 852
Herrero, et al.

A BILL TO BE ENTITLED
AN ACT
relating to the sale and purchase of shark fins or products derived
from shark fins; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 66.216, Parks and Wildlife Code, is
amended to read as follows:
Sec. 66.216. POSSESSION OF HEADED OR TAILED FISH. (a) No
person may possess a finfish of any species taken from coastal
water, except broadbill swordfish, shark, or [and] king mackerel,
that has the head [or tail] removed unless the fish has been finally
processed and delivered to the final destination or to a certified
wholesale or retail dealer.
(b) No person may possess a finfish of any species taken
from coastal water, except broadbill swordfish or king mackerel,
that has the tail removed unless the fish has been finally processed
and delivered to the final destination or to a certified wholesale
or retail dealer.
SECTION 2. Subchapter C, Chapter 66, Parks and Wildlife
Code, is amended by adding Section 66.2161 to read as follows:
Sec. 66.2161. SALE OR PURCHASE OF SHARK FINS. (a) In this
section:
(1) "Shark" means any species of the subclass
Elasmobranchii.
(2) "Shark fin" means the fresh and uncooked, or
cooked, frozen, dried, or otherwise processed, fin or tail of a
shark.
(b) A person may not buy or offer to buy, sell or offer to
sell, possess for the purpose of sale, transport, or ship for the
purpose of sale, barter, or exchange a shark fin.
(c) Except as provided by Subsection (d), this section
applies to:
(1) the possession or transportation of any shark fin
with the intent to sell the fin regardless of where the shark was
taken or caught; and
(2) the sale or purchase of any shark fin regardless of
where the shark was taken or caught.
(d) This section does not apply to the possession or
transportation in this state of a shark fin taken or caught outside
this state and transported from a point outside this state by common
carrier without being unloaded in this state to a point of delivery
outside this state.
(e) Notwithstanding Subsection (b), the department may
issue a permit for the possession, transport, sale, or purchase of
shark fins for a bona fide scientific research purpose.
(f) When a person is charged with violating this section,
the warden or other peace officer shall seize and hold the shark fin
as evidence. Notwithstanding Section 12.109, on a final court
ruling, the department shall destroy the shark fin.
SECTION 3. Section 66.218, Parks and Wildlife Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c) A person who violates Section 66.2161 or a proclamation
adopted under that section commits an offense that is a Class B
Parks and Wildlife Code misdemeanor.
(d) If it is shown at the trial for a violation of Section
66.2161 or a proclamation adopted under that section that the
defendant has been convicted within five years before the trial
date of a violation of that section, on conviction the defendant
shall be punished for a Class A Parks and Wildlife Code misdemeanor.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect July 1, 2014.