Texas 2011 - 82nd Regular

Texas Senate Bill SB932 Compare Versions

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Old	New	Differences
1	1	82R22303 SLB-F
2	2	By: Williams S.B. No. 932
3	3	(Eiland)
4	4	Substitute the following for S.B. No. 932: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to oyster beds and shells and an oyster shell recovery and
10	10	replacement program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 76.020, Parks and Wildlife Code, is
13	13	amended to read as follows:
14	14	Sec. 76.020. OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM.
15	15	(a) The commission by proclamation may establish and conduct a
16	16	program to require the recovery of oyster shell or other suitable
17	17	cultch material from, and replacement of oyster shell in, the
18	18	coastal waters of the state to maintain or enhance public oyster
19	19	reefs.
20	20	(b) The department may accept grants and donations of money
21	21	or materials from private or public sources to be applied to the
22	22	oyster shell recovery and replacement program.
23	23	SECTION 2. Subchapter A, Chapter 76, Parks and Wildlife
24	24	Code, is amended by adding Section 76.021 to read as follows:
25	25	Sec. 76.021. OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM
26	26	ACCOUNT; FEE. (a) The oyster shell recovery and replacement
27	27	program account is a separate account in the game, fish, and water
28	28	safety account. The account consists of money deposited to the
29	29	account under this section. The account is exempt from the
30	30	application of Section 403.095, Government Code.
31	31	(b) The department shall collect a fee of 20 cents or an
32	32	amount set by the commission, whichever is greater, from a licensed
33	33	commercial oyster fisherman for each box of oysters harvested by
34	34	the fisherman from the water of this state.
35	35	(c) The commission by rule shall adopt policies and
36	36	procedures for the issuance of oyster shell recovery tags or other
37	37	means to collect the fee imposed by this section. A tag required by
38	38	this section must:
39	39	(1) be affixed to the outside of each box of oysters at
40	40	the time of harvest, in the location of harvest;
41	41	(2) contain information required by the Department of
42	42	State Health Services under the National Shellfish Sanitation
43	43	Program; and
44	44	(3) remain affixed during transportation of the
45	45	oysters to a dealer.
46	46	(d) The department shall deposit to the credit of the oyster
47	47	shell recovery and replacement program account all revenue, less
48	48	allowable costs, from the fees collected under Subsection (b).
49	49	(e) Money in the oyster shell recovery and replacement
50	50	program account may be appropriated only for the recovery and
51	51	enhancement of public oyster reefs under Section 76.020.
52	52	(f) The department shall consult with members of the oyster
53	53	industry regarding the management of oyster beds in this state.
54	54	SECTION 3. Section 76.115, Parks and Wildlife Code, is
55	55	amended by amending Subsection (c) and adding Subsections (d), (e),
56	56	and (f) to read as follows:
57	57	(c) Before closing any area, the commission [commissioner]
58	58	shall [post notices of the closing in fish and oyster houses in two
59	59	towns nearest the area to be closed and shall] publish notice in a
60	60	daily newspaper of general circulation in the area to be closed.
61	61	The notice [notices] shall be [posted and] published at least three
62	62	days before the effective date of the closing.
63	63	(d) Areas closed under this section must reopen by the
64	64	beginning of the next public oyster season unless sound biological
65	65	data indicates that the need for closure still exists.
66	66	(e) The commission by rule may establish procedures and
67	67	criteria for closing areas under Subsection (a).
68	68	(f) The commission may delegate to the executive director
69	69	the duties and responsibilities under this section.
70	70	SECTION 4. Not later than January 1, 2012, the Parks and
71	71	Wildlife Commission shall adopt rules:
72	72	(1) for the recovery of oyster shells in accordance
73	73	with this Act; and
74	74	(2) necessary for the implementation of this Act.
75	75	SECTION 5. This Act takes effect September 1, 2011.