| 1 | 1 | | By: Leo-Wilson H.B. No. 4992 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to requirements for the closure of certain areas to the |
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| 7 | 7 | | taking of oysters. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 76.115, Parks and Wildlife Code, is |
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| 10 | 10 | | amended by amending Subsection (a) and adding Subsection (g) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) Subject to Subsections (c) and (g), the [The] commission |
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| 13 | 13 | | may close an area to the taking of oysters when the commission finds |
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| 14 | 14 | | that the area is being overworked or damaged or the area is to be |
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| 15 | 15 | | reseeded or restocked. |
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| 16 | 16 | | (g) If the commission closes an area of public oyster beds |
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| 17 | 17 | | under this section, the commission shall make available for private |
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| 18 | 18 | | lease an area for the taking of oysters. The area made available |
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| 19 | 19 | | under this subsection must be at least equivalent in size to the |
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| 20 | 20 | | closed area. |
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| 21 | 21 | | (h) The Texas General Land Office shall authorize leases |
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| 22 | 22 | | under Subsection (g) for a period of at least 10 years. |
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| 23 | 23 | | SECTION 2. Section 76.115, Parks and Wildlife Code, as |
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| 24 | 24 | | amended by this Act, applies only to the closure of an area to the |
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| 25 | 25 | | taking of oysters by the Parks and Wildlife Commission or the |
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| 26 | 26 | | executive director of the Parks and Wildlife Department on or after |
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| 27 | 27 | | the effective date of this Act. |
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| 28 | 28 | | SECTION 3. This Act takes effect immediately if it receives |
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| 29 | 29 | | a vote of two-thirds of all the members elected to each house, as |
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| 30 | 30 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 31 | 31 | | Act does not receive the vote necessary for immediate effect, this |
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| 32 | 32 | | Act takes effect September 1, 2023. |
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