| 1 | 1 | | 86R6075 SLB-F |
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| 2 | 2 | | By: Phelan H.B. No. 4079 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the terms and renewal of oyster certificates of |
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| 8 | 8 | | location. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 76.018(a) and (b), Parks and Wildlife |
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| 11 | 11 | | Code, are amended to read as follows: |
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| 12 | 12 | | (a) The term of a rental lease for a location under this |
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| 13 | 13 | | subchapter is five [15] years or a term set by the commission. |
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| 14 | 14 | | (b) The commission shall determine renewal procedures to |
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| 15 | 15 | | follow at the end of each lease term. The procedures must include: |
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| 16 | 16 | | (1) a determination that the lease renewal will be |
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| 17 | 17 | | based on the need for depuration of polluted oysters and other |
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| 18 | 18 | | considerations specified in the oyster management plan; |
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| 19 | 19 | | (2) an auction procedure to determine the fair market |
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| 20 | 20 | | value of the area under location that is up for renewal; |
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| 21 | 21 | | (3) payment of a $200 fee due on renewal of the lease; |
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| 22 | 22 | | (4) [(3)] a condition that the current leaseholder |
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| 23 | 23 | | will be offered a first right of refusal at the fair market value |
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| 24 | 24 | | determined by the auction procedure required by Subdivision (2) if |
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| 25 | 25 | | the lease is renewed under this chapter; and |
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| 26 | 26 | | (5) [(4)] any other conditions for the lease renewal |
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| 27 | 27 | | that do not conflict with this chapter. |
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| 28 | 28 | | SECTION 2. The changes in law made by this Act to Section |
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| 29 | 29 | | 76.018, Parks and Wildlife Code, apply only to the rental lease for |
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| 30 | 30 | | an oyster certificate of location renewed on or after the effective |
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| 31 | 31 | | date of this Act. A rental lease for an oyster certificate of |
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| 32 | 32 | | location renewed before the effective date of this Act is governed |
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| 33 | 33 | | by the law in effect on the date the lease was renewed, and the |
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| 34 | 34 | | former law is continued in effect for that purpose. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2019. |
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