Texas 2025 89th Regular

Texas Senate Bill SB1215 Analysis / Analysis

Filed 03/11/2025

                    BILL ANALYSIS        Senate Research Center   S.B. 1215     89R8022 BEE-D   By: Kolkhorst         Water, Agriculture and Rural Affairs         3/10/2025         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT    In 2019, H.B. 1300 (86th Legislature, Regular Session) was enacted, establishing the oyster mariculture industry in Texas. This law allowed for the cultivation of oysters in controlled environments but also explicitly prohibited the introduction of cultivated oysters into natural oyster beds. This was done to safeguard the integrity of natural oyster populations, prevent the spread of diseases, and protect the ecological balance of these important marine environments. However, the law did not provide a clear process for placing cultivated oysters in private oyster beds or coastal waters, which could be part of the ongoing growth of the oyster mariculture industry in the state.   S.B. 1215, as currently filed, amends Section 2 of Chapter 75 of the Parks and Wildlife Code with the addition of Section 75.01045. The amending language allows for the placement of cultivated (farmed) oysters on natural or private oyster beds and within coastal waters with written authorization from the Texas Parks and Wildlife Department (TPWD). The bill adds that TPWD should use best management practices to authorize the placement of cultivated oysters.    As proposed, S.B. 1215 amends current law relating to the placement of a cultivated oyster in a natural oyster bed, a private oyster bed, or coastal waters.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Chapter 75, Parks and Wildlife Code, by adding Section 75.01045, as follows:   Sec. 75.01045. PLACEMENT OF CULTIVATED OYSTERS IN CERTAIN LOCATIONS WITH DEPARTMENT APPROVAL. (a) Authorizes a person to place a cultivated oyster in a natural oyster bed, a private oyster bed, or coastal waters if the Texas Parks and Wildlife Department (TPWD) authorizes the placement in writing.    (b) Requires TPWD to adopt best management practices for authorizing the placement of cultivated oysters under this section.    SECTION 2. Amends Section 75.0106(b), Parks and Wildlife Code, to prohibit a person from placing a cultivated oyster in a natural oyster bed, a private oyster bed, or coastal waters, except as authorized by Section 75.01045, and to make nonsubstantive changes.    SECTION 3. Effective date: September 1, 2025.  

BILL ANALYSIS

 

 

Senate Research Center S.B. 1215
89R8022 BEE-D By: Kolkhorst
 Water, Agriculture and Rural Affairs
 3/10/2025
 As Filed

Senate Research Center

S.B. 1215

89R8022 BEE-D

By: Kolkhorst

 

Water, Agriculture and Rural Affairs

 

3/10/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

   In 2019, H.B. 1300 (86th Legislature, Regular Session) was enacted, establishing the oyster mariculture industry in Texas. This law allowed for the cultivation of oysters in controlled environments but also explicitly prohibited the introduction of cultivated oysters into natural oyster beds. This was done to safeguard the integrity of natural oyster populations, prevent the spread of diseases, and protect the ecological balance of these important marine environments. However, the law did not provide a clear process for placing cultivated oysters in private oyster beds or coastal waters, which could be part of the ongoing growth of the oyster mariculture industry in the state.   S.B. 1215, as currently filed, amends Section 2 of Chapter 75 of the Parks and Wildlife Code with the addition of Section 75.01045. The amending language allows for the placement of cultivated (farmed) oysters on natural or private oyster beds and within coastal waters with written authorization from the Texas Parks and Wildlife Department (TPWD). The bill adds that TPWD should use best management practices to authorize the placement of cultivated oysters. 

 

In 2019, H.B. 1300 (86th Legislature, Regular Session) was enacted, establishing the oyster mariculture industry in Texas. This law allowed for the cultivation of oysters in controlled environments but also explicitly prohibited the introduction of cultivated oysters into natural oyster beds. This was done to safeguard the integrity of natural oyster populations, prevent the spread of diseases, and protect the ecological balance of these important marine environments. However, the law did not provide a clear process for placing cultivated oysters in private oyster beds or coastal waters, which could be part of the ongoing growth of the oyster mariculture industry in the state.

 

S.B. 1215, as currently filed, amends Section 2 of Chapter 75 of the Parks and Wildlife Code with the addition of Section 75.01045. The amending language allows for the placement of cultivated (farmed) oysters on natural or private oyster beds and within coastal waters with written authorization from the Texas Parks and Wildlife Department (TPWD). The bill adds that TPWD should use best management practices to authorize the placement of cultivated oysters.

 

As proposed, S.B. 1215 amends current law relating to the placement of a cultivated oyster in a natural oyster bed, a private oyster bed, or coastal waters.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 75, Parks and Wildlife Code, by adding Section 75.01045, as follows:

 

Sec. 75.01045. PLACEMENT OF CULTIVATED OYSTERS IN CERTAIN LOCATIONS WITH DEPARTMENT APPROVAL. (a) Authorizes a person to place a cultivated oyster in a natural oyster bed, a private oyster bed, or coastal waters if the Texas Parks and Wildlife Department (TPWD) authorizes the placement in writing. 

 

(b) Requires TPWD to adopt best management practices for authorizing the placement of cultivated oysters under this section. 

 

SECTION 2. Amends Section 75.0106(b), Parks and Wildlife Code, to prohibit a person from placing a cultivated oyster in a natural oyster bed, a private oyster bed, or coastal waters, except as authorized by Section 75.01045, and to make nonsubstantive changes. 

 

SECTION 3. Effective date: September 1, 2025.