| 1 | 1 | | S.B. No. 1032 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to oyster certificates of location; authorizing a fee. |
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| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 7 | | SECTION 1. Section 76.001(2), Parks and Wildlife Code, is |
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| 8 | 8 | | amended to read as follows: |
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| 9 | 9 | | (2) "Natural oyster bed" means an area with a |
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| 10 | 10 | | substrate that is predominantly composed of oyster shell or live |
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| 11 | 11 | | oysters [where at least five barrels of oysters are found within |
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| 12 | 12 | | 2,500 square feet of any position on a reef or bed]. |
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| 13 | 13 | | SECTION 2. Section 76.003, Parks and Wildlife Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | Sec. 76.003. BEDS SUBJECT TO LOCATION. (a) Except as |
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| 16 | 16 | | provided by Subsection (b) and [in] Section 76.004 [of this code], |
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| 17 | 17 | | an oyster bed or reef, other than a natural oyster bed, is subject |
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| 18 | 18 | | to location by the department. [This section does not apply to a |
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| 19 | 19 | | bed or reef that has been exhausted within an eight-year period.] |
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| 20 | 20 | | (b) The department may subject a natural oyster bed to |
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| 21 | 21 | | location if the department determines that the bed is degraded. In |
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| 22 | 22 | | determining whether a natural oyster bed is degraded, the |
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| 23 | 23 | | department may consider: |
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| 24 | 24 | | (1) the relative abundance of oysters in the area; |
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| 25 | 25 | | (2) the availability of natural cultch material in the |
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| 26 | 26 | | area; |
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| 27 | 27 | | (3) sediment overburden in the area; |
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| 28 | 28 | | (4) the amount of time that the area has been |
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| 29 | 29 | | exhausted, if the area is exhausted; and |
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| 30 | 30 | | (5) any other criteria the department considers |
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| 31 | 31 | | indicative of a degraded oyster bed. |
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| 32 | 32 | | SECTION 3. Section 76.018(b), Parks and Wildlife Code, is |
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| 33 | 33 | | amended to read as follows: |
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| 34 | 34 | | (b) The commission shall determine renewal procedures to |
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| 35 | 35 | | follow at the end of each lease term. The procedures must include: |
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| 36 | 36 | | (1) a determination that the lease renewal will be |
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| 37 | 37 | | based on [the need for depuration of polluted oysters and other] |
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| 38 | 38 | | considerations specified in the oyster management plan; |
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| 39 | 39 | | (2) payment of a $200 fee due on renewal of the lease; |
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| 40 | 40 | | (3) a condition that the current leaseholder has the |
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| 41 | 41 | | [will be offered a first] right to renew [of refusal] if the lease |
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| 42 | 42 | | is renewed under this chapter; and |
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| 43 | 43 | | (4) any other conditions for the lease renewal that do |
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| 44 | 44 | | not conflict with this chapter. |
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| 45 | 45 | | SECTION 4. Subchapter A, Chapter 76, Parks and Wildlife |
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| 46 | 46 | | Code, is amended by adding Section 76.022 to read as follows: |
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| 47 | 47 | | Sec. 76.022. CERTIFICATES OF LOCATION FOR RESTORATION |
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| 48 | 48 | | PURPOSES. (a) The commission by rule shall establish a program to |
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| 49 | 49 | | issue certificates of location for the restoration of natural |
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| 50 | 50 | | oyster beds. |
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| 51 | 51 | | (b) Sections 76.006, 76.007, 76.017, 76.018, and 76.019 do |
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| 52 | 52 | | not apply to a program established under this section. |
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| 53 | 53 | | (c) Rules adopted under this section may establish: |
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| 54 | 54 | | (1) fees, application approval requirements, lease |
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| 55 | 55 | | terms, and renewal procedures for leases under this section; |
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| 56 | 56 | | (2) the total area in each bay system for which leases |
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| 57 | 57 | | may be issued under this section; |
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| 58 | 58 | | (3) siting and marking requirements for leases under |
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| 59 | 59 | | this section; and |
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| 60 | 60 | | (4) any other requirement necessary to administer this |
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| 61 | 61 | | section. |
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| 62 | 62 | | (d) In adopting rules under this section, the department |
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| 63 | 63 | | shall coordinate with: |
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| 64 | 64 | | (1) the Department of State Health Services; and |
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| 65 | 65 | | (2) the General Land Office. |
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| 66 | 66 | | SECTION 5. The change in law made by this Act to Section |
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| 67 | 67 | | 76.018(b), Parks and Wildlife Code, applies only to a rental lease |
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| 68 | 68 | | under an oyster certificate of location renewed on or after the |
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| 69 | 69 | | effective date of this Act. A rental lease under an oyster |
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| 70 | 70 | | certificate of location renewed before the effective date of this |
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| 71 | 71 | | Act is governed by the law in effect on the date the lease was |
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| 72 | 72 | | renewed, and the former law is continued in effect for that purpose. |
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| 73 | 73 | | SECTION 6. This Act takes effect September 1, 2023. |
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| 74 | 74 | | ______________________________ ______________________________ |
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| 75 | 75 | | President of the Senate Speaker of the House |
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| 76 | 76 | | I hereby certify that S.B. No. 1032 passed the Senate on |
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| 77 | 77 | | March 21, 2023, by the following vote: Yeas 31, Nays 0. |
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| 78 | 78 | | ______________________________ |
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| 79 | 79 | | Secretary of the Senate |
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| 80 | 80 | | I hereby certify that S.B. No. 1032 passed the House on |
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| 81 | 81 | | May 12, 2023, by the following vote: Yeas 137, Nays 3, two |
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| 82 | 82 | | present not voting. |
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| 83 | 83 | | ______________________________ |
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| 84 | 84 | | Chief Clerk of the House |
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| 85 | 85 | | Approved: |
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| 86 | 86 | | ______________________________ |
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| 87 | 87 | | Date |
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| 88 | 88 | | ______________________________ |
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| 89 | 89 | | Governor |
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