By: Kolkhorst S.B. No. 1032
(In the Senate - Filed February 17, 2023; March 3, 2023,
read first time and referred to Committee on Water, Agriculture &
Rural Affairs; March 15, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
March 15, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1032 By: Kolkhorst
A BILL TO BE ENTITLED
AN ACT
relating to oyster certificates of location; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 76.001(2), Parks and Wildlife Code, is
amended to read as follows:
(2) "Natural oyster bed" means an area with a
substrate that is predominantly composed of oyster shell or live
oysters [where at least five barrels of oysters are found within
2,500 square feet of any position on a reef or bed].
SECTION 2. Section 76.003, Parks and Wildlife Code, is
amended to read as follows:
Sec. 76.003. BEDS SUBJECT TO LOCATION. (a) Except as
provided by Subsection (b) and [in] Section 76.004 [of this code],
an oyster bed or reef, other than a natural oyster bed, is subject
to location by the department. [This section does not apply to a
bed or reef that has been exhausted within an eight-year period.]
(b) The department may subject a natural oyster bed to
location if the department determines that the bed is degraded. In
determining whether a natural oyster bed is degraded, the
department may consider:
(1) the relative abundance of oysters in the area;
(2) the availability of natural cultch material in the
area;
(3) sediment overburden in the area;
(4) the amount of time that the area has been
exhausted, if the area is exhausted; and
(5) any other criteria the department considers
indicative of a degraded oyster bed.
SECTION 3. Section 76.018(b), Parks and Wildlife Code, is
amended to read as follows:
(b) The commission shall determine renewal procedures to
follow at the end of each lease term. The procedures must include:
(1) a determination that the lease renewal will be
based on [the need for depuration of polluted oysters and other]
considerations specified in the oyster management plan;
(2) payment of a $200 fee due on renewal of the lease;
(3) a condition that the current leaseholder will be
offered a first right of refusal if the lease is renewed under this
chapter; and
(4) any other conditions for the lease renewal that do
not conflict with this chapter.
SECTION 4. Subchapter A, Chapter 76, Parks and Wildlife
Code, is amended by adding Section 76.022 to read as follows:
Sec. 76.022. CERTIFICATES OF LOCATION FOR RESTORATION
PURPOSES. (a) The commission by rule shall establish a program to
issue certificates of location for the restoration of natural
oyster beds.
(b) Sections 76.006, 76.007, 76.017, 76.018, and 76.019 do
not apply to a program established under this section.
(c) Rules adopted under this section may establish:
(1) fees, application approval requirements, lease
terms, and renewal procedures for leases under this section;
(2) the total area in each bay system for which leases
may be issued under this section;
(3) siting and marking requirements for leases under
this section; and
(4) any other requirement necessary to administer this
section.
(d) In adopting rules under this section, the department
shall coordinate with:
(1) the Department of State Health Services; and
(2) the General Land Office.
SECTION 5. The change in law made by this Act to Section
76.018(b), Parks and Wildlife Code, applies only to a rental lease
under an oyster certificate of location renewed on or after the
effective date of this Act. A rental lease under an oyster
certificate of location renewed before the effective date of this
Act is governed by the law in effect on the date the lease was
renewed, and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2023.
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