By: Williams S.B. No. 932
A BILL TO BE ENTITLED
AN ACT
relating to oyster beds and shells and an oyster shell recovery and
replacement program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 76.020, Parks and Wildlife Code, is
amended to read as follows:
Sec. 76.020. OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM.
(a) The commission by proclamation may establish and conduct a
program to require the recovery of oyster shell or other suitable
cultch material from, and replacement of oyster shell in, the
coastal waters of the state to maintain or enhance public oyster
reefs.
(b) The department may accept grants and donations of money
or materials from private or public sources to be applied to the
oyster shell recovery and replacement program.
SECTION 2. Subchapter A, Chapter 76, Parks and Wildlife
Code, is amended by adding Section 76.021 to read as follows:
Sec. 76.021. OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM
ACCOUNT; FEE. (a) The oyster shell recovery and replacement
program account is a separate account in the game, fish, and water
safety account. The account consists of money deposited to the
account under this section. The account is exempt from the
application of Section 403.095, Government Code.
(b) The department shall collect a fee of 20 cents or an
amount set by the commission, whichever is greater, from a licensed
commercial oyster fisherman for each box of oysters harvested by
the fisherman from the water of this state.
(c) The commission by rule shall adopt policies and
procedures for the issuance of oyster shell recovery tags or other
means to collect the fee imposed by this section. A tag required by
this section must:
(1) be affixed to the outside of each box of oysters at
the time of harvest, in the location of harvest;
(2) contain information required by the Department of
State Health Services under the National Shellfish Sanitation
Program; and
(3) remain affixed during transportation of the
oysters to a dealer.
(d) The department shall deposit to the credit of the oyster
shell recovery and replacement program account all revenue, less
allowable costs, from the following sources:
(1) all fees collected under Subsection (b); and
(2) grants and donations received under Section
76.020.
(e) Money in the oyster shell recovery and replacement
program account may be appropriated only for the recovery and
enhancement of public oyster reefs under Section 76.020.
(f) The department shall consult with members of the oyster
industry regarding the management of oyster beds in this state.
SECTION 3. Section 76.115, Parks and Wildlife Code, is
amended by amending Subsection (c) and adding Subsections (d), (e),
and (f) to read as follows:
(c) Before closing any area, the commission [commissioner]
shall [post notices of the closing in fish and oyster houses in two
towns nearest the area to be closed and shall] publish notice in a
daily newspaper of general circulation in the area to be closed.
The notice [notices] shall be [posted and] published at least three
days before the effective date of the closing.
(d) Areas closed under this section must reopen by the
beginning of the next public oyster season unless sound biological
data indicates that the need for closure still exists.
(e) The commission by rule may establish procedures and
criteria for closing areas under Subsection (a).
(f) The commission may delegate to the director the duties
and responsibilities under this section.
SECTION 4. Not later than January 1, 2012, the Parks and
Wildlife Commission shall adopt rules:
(1) for the recovery of oyster shells in accordance
with this Act; and
(2) necessary for the implementation of this Act.
SECTION 5. This Act takes effect September 1, 2011.