I noticed a week or so ago some discussion on CONCH-L about saving the
Texas State Shell.  Being from Texas and a shell collector I took notice of
the article.  The following is the actual bill that is being considered:
 
By Brown                                               S.B. No. 133
         76R3251 WP-D
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to retention of lightening whelks caught in shrimp
trawls.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 77.0191, Parks and Wildlife Code, is
 1-5     amended to read as follows:
 1-6           Sec. 77.0191.  RETENTION OF REDFISH, [AND] SPECKLED SEA
 1-7     TROUT, AND LIGHTENING WHELKS.  (a)  No person who is using a trawl
 1-8     for the purpose of taking shrimp may retain a redfish, [or]
 1-9     speckled sea trout, or  lightening whelk caught in the trawl.
1-10           (b)  No person may retain a redfish, [or] speckled sea
trout,
1-11     or lightening whelk if the person is on board a boat licensed
under
1-12     this  chapter and if there is a shrimp trawl on board the boat.
1-13           SECTION 2.  (a)  This Act takes effect September 1, 1999.
1-14     The change in law made by this Act applies only to an offense
1-15     committed on or after the effective date of this Act.  For
purposes
1-16     of this section, an offense is committed before the effective date
1-17     of this Act if any element of the offense occurs before that date.
1-18           (b)  An offense committed before the effective date of this
1-19     Act is covered by the law in effect when the offense was
committed,
1-20     and the former law is continued in effect for that purpose.
1-21           SECTION 3.  The importance of this legislation and the
1-22     crowded condition of the calendars in both houses create an
1-23     emergency and an imperative public necessity that the
1-24     constitutional rule requiring bills to be read on three several
 2-1     days in each house be suspended, and this rule is hereby
suspended.
 
First thing I noticed was that "Lightening Whelk" is misspelled.  Secondly,
which species are they talking about?  Nowhere in the bill does it specify
that it is the state shell; Busycon perversum pulleyi, Hollister, 1958 that
is under consideration.  There are many lightning whelks.  Also in a recent
newspaper article Senator Brown was quoted as saying, "My bill goes along
the line with not picking bluebonnets and not killing mockingbirds".  This
left the impression that the bill involved a total ban on collection of the
lightning whelk which doesn't appear to be the case.
 
I am uncertain if this bill will have an impact on shell collectors.
Consequently, I am in a quandary as to my next course of action.  We
discussed this issue tonight at the Sea Shell Searchers club meeting and
formed a committee to investigate.  If anyone out there has any experience
in dealing with politicians or has scientific data I would appreciate your
help.  I have read Mr. Shelton's response and appreciate what he had to
say.
 
I look forward to hearing your comments on this subject.
 
Best regards,
 
Wanda and Steven Coker
Texas