TX
Texas House Bill HB3600

Texas 2021 - 87th Regular

Texas House Bill HB3600 Compare Versions

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1-By: Hunter (Senate Sponsor - Kolkhorst) H.B. No. 3600
2- (In the Senate - Received from the House April 21, 2021;
3- May 6, 2021, read first time and referred to Committee on Water,
4- Agriculture & Rural Affairs; May 19, 2021, reported adversely,
5- with favorable Committee Substitute by the following vote: Yeas 9,
6- Nays 0; May 19, 2021, sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR H.B. No. 3600 By: Kolkhorst
1+87R10997 MP-D
2+ By: Hunter H.B. No. 3600
93
104
115 A BILL TO BE ENTITLED
126 AN ACT
137 relating to the establishment of the commercial oyster mariculture
148 advisory board.
159 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1610 SECTION 1. Chapter 75, Parks and Wildlife Code, is amended
1711 by adding Section 75.0108 to read as follows:
1812 Sec. 75.0108. COMMERCIAL OYSTER MARICULTURE ADVISORY
1913 BOARD. (a) In this section, "advisory board" means the commercial
2014 oyster mariculture advisory board established under this section.
2115 (b) The commercial oyster mariculture advisory board is
22- established within the department to advise all state agencies with
23- regulatory authority over the commercial oyster mariculture
24- industry.
16+ established within the office of the governor to advise all state
17+ agencies with regulatory authority over the commercial oyster
18+ mariculture industry.
2519 (c) The advisory board consists of seven members appointed
2620 by the governor as follows:
2721 (1) four members must:
2822 (A) represent the commercial oyster mariculture
2923 industry, seafood industry, or related industries; and
3024 (B) have a documented interest in the promotion
3125 of entrepreneurship, free enterprise, and the increased use,
3226 consumption, marketing, and sale of native oysters in this state;
3327 and
3428 (2) three members must:
3529 (A) represent the scientific and conservation
3630 community in this state; and
3731 (B) have a documented interest in the
3832 sustainability of the natural coastal environment of this state.
39- (d) At least one advisory board member must be a member of
40- the department's oyster advisory workgroup.
41- (e) Advisory board members serve staggered five-year terms,
42- with the terms of one or two members expiring February 1 of each
43- year.
44- (f) If a vacancy occurs on the advisory board, the governor
33+ (d) Advisory board members serve staggered three-year
34+ terms, with the terms of two or three members expiring February 1 of
35+ each year.
36+ (e) If a vacancy occurs on the advisory board, the governor
4537 shall appoint a replacement who meets the qualifications for the
4638 vacant position to serve for the remainder of the term.
47- (g) The governor shall designate an advisory board member
39+ (f) The governor shall designate an advisory board member
4840 described by Subsection (c)(1) to serve as the advisory board's
4941 presiding officer for a one-year term. The presiding officer may
5042 vote on any matter before the advisory board.
51- (h) Advisory board members serve without compensation but
43+ (g) Advisory board members serve without compensation but
5244 are entitled to reimbursement for actual and necessary expenses
5345 incurred in performing official duties authorized by the office of
5446 the governor.
55- (i) The advisory board shall make recommendations to the
47+ (h) The advisory board shall make recommendations to the
5648 governor and all relevant agencies concerning the commercial oyster
5749 mariculture industry, including recommendations regarding:
5850 (1) promoting the use, consumption, marketing, and
5951 sale of maricultured oysters;
6052 (2) promoting sustainable commercial oyster
6153 mariculture; and
6254 (3) commercial oyster mariculture permits and
6355 regulations.
64- (j) In performing the advisory board's duties under this
56+ (i) In performing the advisory board's duties under this
6557 section, the advisory board may consult with agencies of this state
6658 and the United States, including the:
6759 (1) Parks and Wildlife Department;
6860 (2) General Land Office;
69- (3) seafood and aquatic life unit of the Department of
70- State Health Services;
61+ (3) Department of Agriculture;
7162 (4) Department of State Health Services;
7263 (5) National Marine Fisheries Service;
7364 (6) United States Army Corps of Engineers; and
7465 (7) United States Coast Guard.
75- (k) Chapter 2110, Government Code, does not apply to the
66+ (j) Chapter 2110, Government Code, does not apply to the
7667 advisory board.
7768 SECTION 2. Not later than December 31, 2021, the governor
7869 shall appoint the initial members of the commercial oyster
7970 mariculture advisory board under Section 75.0108, Parks and
8071 Wildlife Code, as added by this Act. Notwithstanding Section
81- 75.0108(e), Parks and Wildlife Code, as added by this Act, in making
82- the initial appointments, the governor shall designate one member
83- to a term expiring February 1, 2022, one member to a term expiring
84- February 1, 2023, two members to terms expiring February 1, 2024,
85- two members to terms expiring February 1, 2025, and one member to a
86- term expiring February 1, 2026.
72+ 75.0108(d), Parks and Wildlife Code, as added by this Act, in making
73+ the initial appointments, the governor shall designate two members
74+ to terms expiring February 1, 2023, two members to terms expiring
75+ February 1, 2024, and three members to terms expiring February 1,
76+ 2025.
8777 SECTION 3. This Act takes effect immediately if it receives
8878 a vote of two-thirds of all the members elected to each house, as
8979 provided by Section 39, Article III, Texas Constitution. If this
9080 Act does not receive the vote necessary for immediate effect, this
9181 Act takes effect September 1, 2021.
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