| 1 | 1 | | 88R22517 MP-F |
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| 2 | 2 | | By: Leo-Wilson, Morrison, Vasut, Lozano, H.B. No. 3385 |
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| 3 | 3 | | Garcia, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 3385: |
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| 5 | 5 | | By: Flores C.S.H.B. No. 3385 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to establishing the oyster advisory committee of the Parks |
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| 11 | 11 | | and Wildlife Department. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 76, Parks and Wildlife Code, is amended |
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| 14 | 14 | | by adding Subchapter D to read as follows: |
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| 15 | 15 | | SUBCHAPTER D. OYSTER ADVISORY COMMITTEE |
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| 16 | 16 | | Sec. 76.201. DEFINITION. In this subchapter, "advisory |
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| 17 | 17 | | committee" means the oyster advisory committee established under |
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| 18 | 18 | | this subchapter. |
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| 19 | 19 | | Sec. 76.202. OYSTER ADVISORY COMMITTEE. (a) The oyster |
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| 20 | 20 | | advisory committee is established to advise the commission, |
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| 21 | 21 | | director, and department on the management of oysters in this |
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| 22 | 22 | | state. |
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| 23 | 23 | | (b) The oyster advisory committee is an advisory committee |
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| 24 | 24 | | under Section 11.0162. |
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| 25 | 25 | | Sec. 76.203. PUBLIC NOMINATION OF MEMBERS. The department |
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| 26 | 26 | | shall give public notice of and provide an opportunity for the |
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| 27 | 27 | | public to nominate members to the advisory committee. |
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| 28 | 28 | | Sec. 76.204. MEETINGS. (a) The advisory committee shall |
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| 29 | 29 | | meet at least twice annually. |
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| 30 | 30 | | (b) The department shall produce and provide to the |
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| 31 | 31 | | presiding officer of the commission: |
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| 32 | 32 | | (1) a record of attendance of advisory committee |
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| 33 | 33 | | members at each meeting of the advisory committee; and |
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| 34 | 34 | | (2) a summary or minutes of each meeting of the |
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| 35 | 35 | | advisory committee. |
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| 36 | 36 | | Sec. 76.205. REPORT. Not later than October 1 of each year, |
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| 37 | 37 | | the advisory committee shall submit a report to the department |
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| 38 | 38 | | containing: |
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| 39 | 39 | | (1) recommendations for the management of oysters in |
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| 40 | 40 | | this state; and |
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| 41 | 41 | | (2) any other information determined by the department |
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| 42 | 42 | | or the presiding officer of the commission to be useful and |
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| 43 | 43 | | appropriate. |
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| 44 | 44 | | Sec. 76.206. ADMINISTRATIVE PROCEDURES; RULES. (a) The |
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| 45 | 45 | | director shall establish administrative procedures to carry out the |
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| 46 | 46 | | requirements of this subchapter. |
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| 47 | 47 | | (b) The commission shall adopt any rules necessary for the |
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| 48 | 48 | | administration of the advisory committee established under this |
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| 49 | 49 | | subchapter. |
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| 50 | 50 | | Sec. 76.207. SUNSET REVIEW. The advisory committee is |
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| 51 | 51 | | subject to Chapter 325, Government Code (Texas Sunset Act). Unless |
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| 52 | 52 | | continued in existence as provided by that chapter, the advisory |
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| 53 | 53 | | committee is abolished and this subchapter expires September 1, |
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| 54 | 54 | | 2027. |
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| 55 | 55 | | SECTION 2. (a) Not later than December 1, 2023, the Parks |
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| 56 | 56 | | and Wildlife Commission shall adopt rules and procedures necessary |
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| 57 | 57 | | to administer the oyster advisory committee established under |
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| 58 | 58 | | Subchapter D, Chapter 76, Parks and Wildlife Code, as added by this |
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| 59 | 59 | | Act. |
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| 60 | 60 | | (b) As soon as practicable after the adoption of rules and |
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| 61 | 61 | | procedures under Subsection (a) of this section but not later than |
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| 62 | 62 | | January 1, 2024, the presiding officer of the Parks and Wildlife |
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| 63 | 63 | | Commission shall appoint the initial members of the oyster advisory |
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| 64 | 64 | | committee established under Subchapter D, Chapter 76, Parks and |
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| 65 | 65 | | Wildlife Code, as added by this Act. |
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| 66 | 66 | | (c) The members of the oyster advisory committee |
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| 67 | 67 | | established under Subchapter D, Chapter 76, Parks and Wildlife |
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| 68 | 68 | | Code, as added by this Act, serve terms that expire on January 1, |
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| 69 | 69 | | 2026. |
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| 70 | 70 | | SECTION 3. This Act takes effect immediately if it receives |
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| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 74 | | Act takes effect September 1, 2023. |
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