Texas 2023 - 88th Regular

Texas Senate Bill SB1392 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R11017 MP-F
2	2	By: Middleton S.B. No. 1392
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to establishing the oyster council of the Parks and
8	8	Wildlife Department.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 76, Parks and Wildlife Code, is amended
11	11	by adding Subchapter D to read as follows:
12	12	SUBCHAPTER D. OYSTER COUNCIL
13	13	Sec. 76.201. DEFINITION. In this subchapter, "council"
14	14	means the oyster council established under this subchapter.
15	15	Sec. 76.202. ESTABLISHMENT AND PURPOSE. (a) The oyster
16	16	council is established to advise the commission, director, and
17	17	department on the taking of oysters in this state.
18	18	(b) Chapter 2110, Government Code, does not apply to the
19	19	council.
20	20	Sec. 76.203. COMPOSITION. The council is composed of 13
21	21	members appointed by the commission, each of whom must:
22	22	(1) hold a commercial oyster fisherman's license; or
23	23	(2) be nominated by the holder of a commercial oyster
24	24	fisherman's license.
25	25	Sec. 76.204. TERMS; VACANCY. (a) Council members serve
26	26	staggered six-year terms, with the terms of four or five members
27	27	expiring on January 1 of each even-numbered year.
28	28	(b) A vacancy on the council shall be filled in the same
29	29	manner as the original appointment.
30	30	Sec. 76.205. REMOVAL FROM COUNCIL. The commission may
31	31	remove a council member if the member has been absent from three or
32	32	more council meetings scheduled within the preceding 12 months,
33	33	unless the absences are excused. The commission shall post notice
34	34	of the removal on the commission's Internet website.
35	35	Sec. 76.206. OFFICERS. The council shall elect from the
36	36	council's membership a presiding officer and assistant presiding
37	37	officer.
38	38	Sec. 76.207. MEETINGS. (a) The council on its own
39	39	initiative may meet at any time to discuss any council business,
40	40	including restrictions on the taking of oysters.
41	41	(b) The council shall:
42	42	(1) notify the commission not later than the 11th day
43	43	before the date of a council meeting; and
44	44	(2) not later than the seventh day before the date of a
45	45	council meeting, post notice of the meeting on the department's
46	46	Internet website.
47	47	(c) Except for a closed meeting authorized by Subchapter D,
48	48	Chapter 551, Government Code, a council meeting is open to the
49	49	public.
50	50	(d) Notice of a council meeting must be given as provided by
51	51	Chapter 551, Government Code.
52	52	(e) A council meeting shall be held at a location determined
53	53	by the council.
54	54	(f) The council shall:
55	55	(1) broadcast live on the department's Internet
56	56	website all council meetings, other than closed meetings; and
57	57	(2) maintain on the department's Internet website an
58	58	archive of council meetings.
59	59	(g) A recording of a council meeting must be maintained in
60	60	the archive required under Subsection (f) through and including the
61	61	second anniversary of the meeting.
62	62	Sec. 76.208. OPEN MEETINGS AND OPEN RECORDS. Except as
63	63	specifically provided by this chapter or another law, the council
64	64	is subject to Chapters 551 and 552, Government Code.
65	65	Sec. 76.209. RESTRICTIONS ON TAKING OF OYSTERS. (a) The
66	66	council must meet if the commission, director, or department
67	67	requests a meeting to discuss imposing a restriction described by
68	68	Section 76.305.
69	69	(b) The council members may make recommendations regarding
70	70	a restriction on the taking of oysters requested under Subsection
71	71	(a).
72	72	Sec. 76.210. RECOMMENDATIONS FOR OYSTER MANAGEMENT;
73	73	REPORT. (a) The council shall advise the commission and department
74	74	and make recommendations concerning the administrative aspects of
75	75	the taking of oysters.
76	76	(b) Annually, on or before a date established by the
77	77	department before the opening of oyster season, the council shall
78	78	submit to the commission and department a report evaluating the
79	79	taking of oysters in this state.
80	80	Sec. 76.211. ADMINISTRATIVE PROCEDURES; RULES. (a) The
81	81	director shall establish administrative procedures to carry out the
82	82	requirements of this subchapter.
83	83	(b) The commission shall adopt any rules necessary for the
84	84	administration of the council established under this subchapter.
85	85	SECTION 2. Subchapter E, Chapter 76, Parks and Wildlife
86	86	Code, is amended by adding Section 76.305 to read as follows:
87	87	Sec. 76.305. RESTRICTIONS ON TAKING OF OYSTERS.
88	88	Notwithstanding any other provision of this code, the commission,
89	89	director, and department shall consult with the oyster council in
90	90	accordance with Section 76.209 before:
91	91	(1) closing an area to the taking of oysters;
92	92	(2) closing an open season for the taking of oysters on
93	93	a date earlier than the department's previously published closing
94	94	date for the season; or
95	95	(3) during an open season for the taking of oysters,
96	96	adopting or amending commission rules or department guidelines
97	97	regarding the taking of oysters, including:
98	98	(A) size limits;
99	99	(B) bag limits; and
100	100	(C) limits on the time of day during which the
101	101	taking of oysters is authorized.
102	102	SECTION 3. Sections 76.118(c) and (g), Parks and Wildlife
103	103	Code, are amended to read as follows:
104	104	(c) A person who violates Sections 76.109 and [either
105	105	Section 76.115 or] 76.116 in the same criminal episode commits an
106	106	offense that is a Class A Parks and Wildlife Code misdemeanor.
107	107	(g) If it is shown on the trial of a defendant for a
108	108	violation of Sections [Section] 76.109 and [either Section 76.115
109	109	or] 76.116 occurring in the same criminal episode that the
110	110	defendant has been convicted once before within five years before
111	111	the trial date of a violation of Sections [Section] 76.109 and
112	112	[either Section 76.115 or] 76.116 occurring in the same criminal
113	113	episode, the defendant is guilty of a Parks and Wildlife Code
114	114	felony.
115	115	SECTION 4. Section 76.115, Parks and Wildlife Code, is
116	116	repealed.
117	117	SECTION 5. (a) Not later than December 1, 2023, the Parks
118	118	and Wildlife Commission shall adopt rules and procedures necessary
119	119	to administer the oyster council established under Subchapter D,
120	120	Chapter 76, Parks and Wildlife Code, as added by this Act.
121	121	(b) As soon as practicable after the adoption of rules and
122	122	procedures under Subsection (a) of this section but not later than
123	123	January 1, 2024, the Parks and Wildlife Commission shall appoint
124	124	the initial members of the oyster council established under
125	125	Subchapter D, Chapter 76, Parks and Wildlife Code, as added by this
126	126	Act.
127	127	(c) At the first meeting of the oyster council that follows
128	128	the appointment of the initial council members, the council members
129	129	shall draw lots to determine which four council members will serve
130	130	terms that expire on January 1, 2026, which four council members
131	131	will serve terms that expire on January 1, 2028, and which five
132	132	council members will serve terms that expire on January 1, 2030.
133	133	SECTION 6. This Act takes effect immediately if it receives
134	134	a vote of two-thirds of all the members elected to each house, as
135	135	provided by Section 39, Article III, Texas Constitution. If this
136	136	Act does not receive the vote necessary for immediate effect, this
137	137	Act takes effect September 1, 2023.