H.B. No. 1809
AN ACT
relating to the establishment of the commercial oyster mariculture
advisory board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 75, Parks and Wildlife Code, is amended
by adding Section 75.0108 to read as follows:
Sec. 75.0108. COMMERCIAL OYSTER MARICULTURE ADVISORY
BOARD. (a) In this section, "advisory board" means the commercial
oyster mariculture advisory board established under this section.
(b) The commercial oyster mariculture advisory board is
established within the department to advise all state agencies with
regulatory authority over the commercial oyster mariculture
industry.
(c) The advisory board consists of seven members appointed
by the governor as follows:
(1) four members must:
(A) represent the commercial oyster mariculture
industry, seafood industry, or related industries; and
(B) have a documented interest in the promotion
of entrepreneurship, free enterprise, and the increased use,
consumption, marketing, and sale of native oysters in this state;
and
(2) three members must:
(A) represent the scientific and conservation
community in this state; and
(B) have a documented interest in the
sustainability of the natural coastal environment of this state.
(d) At least one advisory board member must be a member of
the department's oyster advisory workgroup.
(e) Advisory board members serve staggered five-year terms,
with the terms of one or two members expiring February 1 of each
year.
(f) If a vacancy occurs on the advisory board, the governor
shall appoint a replacement who meets the qualifications for the
vacant position to serve for the remainder of the term.
(g) The governor shall designate an advisory board member
described by Subsection (c)(1) to serve as the advisory board's
presiding officer for a one-year term. The presiding officer may
vote on any matter before the advisory board.
(h) Advisory board members serve without compensation but
are entitled to reimbursement for actual and necessary expenses
incurred in performing official duties authorized by the office of
the governor.
(i) The advisory board shall make recommendations to the
governor and all relevant agencies concerning the commercial oyster
mariculture industry, including recommendations regarding:
(1) the promotion of the use, consumption, marketing,
and sale of maricultured oysters;
(2) the promotion of sustainable commercial oyster
mariculture; and
(3) commercial oyster mariculture permits and
regulations.
(j) In performing the advisory board's duties under this
section, the advisory board may consult with:
(1) industry and academic resources; and
(2) agencies of this state and the United States,
including the:
(A) department;
(B) General Land Office;
(C) Department of State Health Services,
including the seafood and aquatic life unit;
(D) National Marine Fisheries Service;
(E) United States Army Corps of Engineers; and
(F) United States Coast Guard.
(k) Chapter 2110, Government Code, does not apply to the
advisory board.
SECTION 2. Not later than December 31, 2023, the governor
shall appoint the initial members of the commercial oyster
mariculture advisory board under Section 75.0108, Parks and
Wildlife Code, as added by this Act. Notwithstanding Section
75.0108(e), Parks and Wildlife Code, as added by this Act, in making
the initial appointments, the governor shall designate one member
to a term expiring February 1, 2024, one member to a term expiring
February 1, 2025, one member to a term expiring February 1, 2026,
two members to terms expiring February 1, 2027, and two members to
terms expiring February 1, 2028.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1809 was passed by the House on April
14, 2023, by the following vote: Yeas 121, Nays 22, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1809 was passed by the Senate on May
12, 2023, by the following vote: Yeas 27, Nays 3.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor