Texas 2023 - 88th Regular

Texas House Bill HB1809 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1809
2	2
3	3
4	4	AN ACT
5	5	relating to the establishment of the commercial oyster mariculture
6	6	advisory board.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 75, Parks and Wildlife Code, is amended
9	9	by adding Section 75.0108 to read as follows:
10	10	Sec. 75.0108. COMMERCIAL OYSTER MARICULTURE ADVISORY
11	11	BOARD. (a) In this section, "advisory board" means the commercial
12	12	oyster mariculture advisory board established under this section.
13	13	(b) The commercial oyster mariculture advisory board is
14	14	established within the department to advise all state agencies with
15	15	regulatory authority over the commercial oyster mariculture
16	16	industry.
17	17	(c) The advisory board consists of seven members appointed
18	18	by the governor as follows:
19	19	(1) four members must:
20	20	(A) represent the commercial oyster mariculture
21	21	industry, seafood industry, or related industries; and
22	22	(B) have a documented interest in the promotion
23	23	of entrepreneurship, free enterprise, and the increased use,
24	24	consumption, marketing, and sale of native oysters in this state;
25	25	and
26	26	(2) three members must:
27	27	(A) represent the scientific and conservation
28	28	community in this state; and
29	29	(B) have a documented interest in the
30	30	sustainability of the natural coastal environment of this state.
31	31	(d) At least one advisory board member must be a member of
32	32	the department's oyster advisory workgroup.
33	33	(e) Advisory board members serve staggered five-year terms,
34	34	with the terms of one or two members expiring February 1 of each
35	35	year.
36	36	(f) If a vacancy occurs on the advisory board, the governor
37	37	shall appoint a replacement who meets the qualifications for the
38	38	vacant position to serve for the remainder of the term.
39	39	(g) The governor shall designate an advisory board member
40	40	described by Subsection (c)(1) to serve as the advisory board's
41	41	presiding officer for a one-year term. The presiding officer may
42	42	vote on any matter before the advisory board.
43	43	(h) Advisory board members serve without compensation but
44	44	are entitled to reimbursement for actual and necessary expenses
45	45	incurred in performing official duties authorized by the office of
46	46	the governor.
47	47	(i) The advisory board shall make recommendations to the
48	48	governor and all relevant agencies concerning the commercial oyster
49	49	mariculture industry, including recommendations regarding:
50	50	(1) the promotion of the use, consumption, marketing,
51	51	and sale of maricultured oysters;
52	52	(2) the promotion of sustainable commercial oyster
53	53	mariculture; and
54	54	(3) commercial oyster mariculture permits and
55	55	regulations.
56	56	(j) In performing the advisory board's duties under this
57	57	section, the advisory board may consult with:
58	58	(1) industry and academic resources; and
59	59	(2) agencies of this state and the United States,
60	60	including the:
61	61	(A) department;
62	62	(B) General Land Office;
63	63	(C) Department of State Health Services,
64	64	including the seafood and aquatic life unit;
65	65	(D) National Marine Fisheries Service;
66	66	(E) United States Army Corps of Engineers; and
67	67	(F) United States Coast Guard.
68	68	(k) Chapter 2110, Government Code, does not apply to the
69	69	advisory board.
70	70	SECTION 2. Not later than December 31, 2023, the governor
71	71	shall appoint the initial members of the commercial oyster
72	72	mariculture advisory board under Section 75.0108, Parks and
73	73	Wildlife Code, as added by this Act. Notwithstanding Section
74	74	75.0108(e), Parks and Wildlife Code, as added by this Act, in making
75	75	the initial appointments, the governor shall designate one member
76	76	to a term expiring February 1, 2024, one member to a term expiring
77	77	February 1, 2025, one member to a term expiring February 1, 2026,
78	78	two members to terms expiring February 1, 2027, and two members to
79	79	terms expiring February 1, 2028.
80	80	SECTION 3. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect September 1, 2023.
85	85	______________________________ ______________________________
86	86	President of the Senate Speaker of the House
87	87	I certify that H.B. No. 1809 was passed by the House on April
88	88	14, 2023, by the following vote: Yeas 121, Nays 22, 2 present, not
89	89	voting.
90	90	______________________________
91	91	Chief Clerk of the House
92	92	I certify that H.B. No. 1809 was passed by the Senate on May
93	93	12, 2023, by the following vote: Yeas 27, Nays 3.
94	94	______________________________
95	95	Secretary of the Senate
96	96	APPROVED: _____________________
97	97	Date
98	98	_____________________
99	99	Governor