87R10643 MP-F
By: Buckingham S.B. No. 1241
A BILL TO BE ENTITLED
AN ACT
relating to the terms and renewal of oyster certificates of
location.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 76.018(b) and (c), Parks and Wildlife
Code, are amended to read as follows:
(b) The commission shall determine renewal procedures to
follow at the end of each lease term. The procedures:
(1) must include:
(A) [(1)] a determination that the lease renewal
will be based on the need for depuration of polluted oysters and
other considerations specified in the oyster management plan;
(B) [(2)] payment of a [$200] fee in an amount
set by the commission, due on execution [renewal] of the lease; and
(C) [(3)] a condition providing that the current
leaseholder will be offered a first right of refusal at the cost of
the highest bid at a public auction [if the lease is renewed under
this chapter]; and
(2) may include [(4)] any other conditions [for the
lease renewal] that do not conflict with this chapter.
(c) The commission shall determine public auction
procedures for the issuance of a lease [that is not renewed by the
previous leaseholder under Subsection (b)].
SECTION 2. The changes in law made by this Act to Section
76.018, Parks and Wildlife Code, apply only to the lease of an
oyster certificate of location executed on or after the effective
date of this Act. A lease for an oyster certificate of location
executed before the effective date of this Act is governed by the
law in effect on the date the lease was executed, and the former law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.