84R17097 SGA-F
By: Guillen H.B. No. 1189
Substitute the following for H.B. No. 1189:
By: Murr C.S.H.B. No. 1189
A BILL TO BE ENTITLED
AN ACT
relating to the management of commercial oyster boats in this
state; amending a provision subject to a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 76.119(a), Parks and Wildlife Code, is
amended to read as follows:
(a) If a vessel licensed as a commercial oyster boat is
involved in a violation of this chapter, the captain of the vessel
licensed as a commercial oyster boat is primarily responsible for
the violation. A member of the crew of a vessel licensed as a
commercial oyster boat is not guilty of a violation unless the
member of the crew committed the violation against the captain's
orders, except for a violation of Section 76.109, 76.112, or
76.116, in which case each person on the vessel is responsible for
the violation.
SECTION 2. Subchapter E, Chapter 76, Parks and Wildlife
Code, is amended by adding Section 76.304 to read as follows:
Sec. 76.304. VESSEL MONITORING SYSTEM. (a) The commission
by proclamation may establish a vessel monitoring system for
commercial oyster boats.
(b) Before the commission issues a proclamation under
Subsection (a), the department shall consult with commercial oyster
boat license holders concerning establishment of a vessel
monitoring system.
SECTION 3. Subchapter F, Chapter 76, Parks and Wildlife
Code, is amended by adding Sections 76.405, 76.406, and 76.407 to
read as follows:
Sec. 76.405. LICENSE BUYBACK PROGRAM. (a) The department
shall implement a license buyback program for licenses issued under
this subchapter as part of the oyster license moratorium program
established by this subchapter.
(b) The commission by rule shall establish criteria, using
reasonable classifications, for the department's use in selecting
licenses to be purchased. The department or executive director
shall consult with the oyster license moratorium review board
concerning establishment of the criteria.
(c) The department shall retire each license purchased
under the license buyback program until the commission finds that
management of the oyster fishery allows reissue of those licenses
through auction or lottery.
(d) The department shall set aside an amount determined by
commission rule that is at least 20 percent of the fees from
licenses issued under this subchapter to be used only for the
purpose of buying back commercial oyster boat licenses from willing
license holders. That money shall be sent to the comptroller for
deposit to the credit of the game, fish, and water safety account.
(e) The department may solicit and accept grants and
donations of money or materials from private or public sources for
the purpose of buying back licenses issued under this subchapter
from willing license holders.
(f) Money to be used for the purpose of buying back licenses
issued under this subchapter is not subject to Section 403.095,
Government Code.
(g) The commission shall consider the social and economic
viability of the oyster industry and input from the oyster license
moratorium review board regarding the reissue of commercial oyster
boat licenses through auction or lottery.
Sec. 76.406. PREVAILING AUTHORITY. A proclamation of the
commission under this subchapter prevails over any conflicting
provision of this chapter to the extent of the conflict.
Sec. 76.407. REPORT TO LEGISLATURE. (a) Not later than
November 1, 2018, the department shall report to the governor and
each member of the legislature an overview of the administration
and status of the oyster license buyback program, including the
biological, sociological, and economic effects of the program.
(b) This section expires September 1, 2019.
SECTION 4. The Parks and Wildlife Commission shall adopt
any rules required to implement Sections 76.405, 76.406, and
76.407, Parks and Wildlife Code, as added by this Act, not later
than June 1, 2016.
SECTION 5. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2015.
(b) Sections 76.405, 76.406, and 76.407, Parks and Wildlife
Code, as added by this Act, take effect June 1, 2016.