88R11017 MP-F
By: Leo-Wilson H.B. No. 3385
A BILL TO BE ENTITLED
AN ACT
relating to establishing the oyster council of the Parks and
Wildlife Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 76, Parks and Wildlife Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. OYSTER COUNCIL
Sec. 76.201. DEFINITION. In this subchapter, "council"
means the oyster council established under this subchapter.
Sec. 76.202. ESTABLISHMENT AND PURPOSE. (a) The oyster
council is established to advise the commission, director, and
department on the taking of oysters in this state.
(b) Chapter 2110, Government Code, does not apply to the
council.
Sec. 76.203. COMPOSITION. The council is composed of 13
members appointed by the commission, each of whom must:
(1) hold a commercial oyster fisherman's license; or
(2) be nominated by the holder of a commercial oyster
fisherman's license.
Sec. 76.204. TERMS; VACANCY. (a) Council members serve
staggered six-year terms, with the terms of four or five members
expiring on January 1 of each even-numbered year.
(b) A vacancy on the council shall be filled in the same
manner as the original appointment.
Sec. 76.205. REMOVAL FROM COUNCIL. The commission may
remove a council member if the member has been absent from three or
more council meetings scheduled within the preceding 12 months,
unless the absences are excused. The commission shall post notice
of the removal on the commission's Internet website.
Sec. 76.206. OFFICERS. The council shall elect from the
council's membership a presiding officer and assistant presiding
officer.
Sec. 76.207. MEETINGS. (a) The council on its own
initiative may meet at any time to discuss any council business,
including restrictions on the taking of oysters.
(b) The council shall:
(1) notify the commission not later than the 11th day
before the date of a council meeting; and
(2) not later than the seventh day before the date of a
council meeting, post notice of the meeting on the department's
Internet website.
(c) Except for a closed meeting authorized by Subchapter D,
Chapter 551, Government Code, a council meeting is open to the
public.
(d) Notice of a council meeting must be given as provided by
Chapter 551, Government Code.
(e) A council meeting shall be held at a location determined
by the council.
(f) The council shall:
(1) broadcast live on the department's Internet
website all council meetings, other than closed meetings; and
(2) maintain on the department's Internet website an
archive of council meetings.
(g) A recording of a council meeting must be maintained in
the archive required under Subsection (f) through and including the
second anniversary of the meeting.
Sec. 76.208. OPEN MEETINGS AND OPEN RECORDS. Except as
specifically provided by this chapter or another law, the council
is subject to Chapters 551 and 552, Government Code.
Sec. 76.209. RESTRICTIONS ON TAKING OF OYSTERS. (a) The
council must meet if the commission, director, or department
requests a meeting to discuss imposing a restriction described by
Section 76.305.
(b) The council members may make recommendations regarding
a restriction on the taking of oysters requested under Subsection
(a).
Sec. 76.210. RECOMMENDATIONS FOR OYSTER MANAGEMENT;
REPORT. (a) The council shall advise the commission and department
and make recommendations concerning the administrative aspects of
the taking of oysters.
(b) Annually, on or before a date established by the
department before the opening of oyster season, the council shall
submit to the commission and department a report evaluating the
taking of oysters in this state.
Sec. 76.211. ADMINISTRATIVE PROCEDURES; RULES. (a) The
director shall establish administrative procedures to carry out the
requirements of this subchapter.
(b) The commission shall adopt any rules necessary for the
administration of the council established under this subchapter.
SECTION 2. Subchapter E, Chapter 76, Parks and Wildlife
Code, is amended by adding Section 76.305 to read as follows:
Sec. 76.305. RESTRICTIONS ON TAKING OF OYSTERS.
Notwithstanding any other provision of this code, the commission,
director, and department shall consult with the oyster council in
accordance with Section 76.209 before:
(1) closing an area to the taking of oysters;
(2) closing an open season for the taking of oysters on
a date earlier than the department's previously published closing
date for the season; or
(3) during an open season for the taking of oysters,
adopting or amending commission rules or department guidelines
regarding the taking of oysters, including:
(A) size limits;
(B) bag limits; and
(C) limits on the time of day during which the
taking of oysters is authorized.
SECTION 3. Sections 76.118(c) and (g), Parks and Wildlife
Code, are amended to read as follows:
(c) A person who violates Sections 76.109 and [either
Section 76.115 or] 76.116 in the same criminal episode commits an
offense that is a Class A Parks and Wildlife Code misdemeanor.
(g) If it is shown on the trial of a defendant for a
violation of Sections [Section] 76.109 and [either Section 76.115
or] 76.116 occurring in the same criminal episode that the
defendant has been convicted once before within five years before
the trial date of a violation of Sections [Section] 76.109 and
[either Section 76.115 or] 76.116 occurring in the same criminal
episode, the defendant is guilty of a Parks and Wildlife Code
felony.
SECTION 4. Section 76.115, Parks and Wildlife Code, is
repealed.
SECTION 5. (a) Not later than December 1, 2023, the Parks
and Wildlife Commission shall adopt rules and procedures necessary
to administer the oyster council established under Subchapter D,
Chapter 76, Parks and Wildlife Code, as added by this Act.
(b) As soon as practicable after the adoption of rules and
procedures under Subsection (a) of this section but not later than
January 1, 2024, the Parks and Wildlife Commission shall appoint
the initial members of the oyster council established under
Subchapter D, Chapter 76, Parks and Wildlife Code, as added by this
Act.
(c) At the first meeting of the oyster council that follows
the appointment of the initial council members, the council members
shall draw lots to determine which four council members will serve
terms that expire on January 1, 2026, which four council members
will serve terms that expire on January 1, 2028, and which five
council members will serve terms that expire on January 1, 2030.
SECTION 6. 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.