Bill Text: TX HB852 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the sale and purchase of shark fins or products derived from shark fins; creating an offense.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Engrossed - Dead) 2013-05-21 - Not again placed on intent calendar [HB852 Detail]
Download: Texas-2013-HB852-Comm_Sub.html
Bill Title: Relating to the sale and purchase of shark fins or products derived from shark fins; creating an offense.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Engrossed - Dead) 2013-05-21 - Not again placed on intent calendar [HB852 Detail]
Download: Texas-2013-HB852-Comm_Sub.html
83R16756 SGA-F | |||
By: Lucio III, Isaac, Farrar, Herrero, | H.B. No. 852 | ||
et al. | |||
Substitute the following for H.B. No. 852: | |||
By: Dukes | C.S.H.B. No. 852 |
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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 [ |
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that has the head [ |
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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. |