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AN ACT
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relating to oyster beds and shells and an oyster shell recovery and |
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replacement program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 76.020, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 76.020. OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM. |
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(a) The commission by proclamation may establish and conduct a |
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program to require the recovery of oyster shell or other suitable |
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cultch material from, and replacement of oyster shell in, the |
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coastal waters of the state to maintain or enhance public oyster |
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reefs. |
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(b) The department may accept grants and donations of money |
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or materials from private or public sources to be applied to the |
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oyster shell recovery and replacement program. |
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SECTION 2. Subchapter A, Chapter 76, Parks and Wildlife |
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Code, is amended by adding Section 76.021 to read as follows: |
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Sec. 76.021. OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM |
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ACCOUNT; FEE. (a) The oyster shell recovery and replacement |
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program account is a separate account in the game, fish, and water |
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safety account. The account consists of money deposited to the |
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account under this section. The account is exempt from the |
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application of Section 403.095, Government Code. |
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(b) The department shall collect a fee of 20 cents or an |
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amount set by the commission, whichever is greater, from a licensed |
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commercial oyster fisherman for each box of oysters harvested by |
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the fisherman from the water of this state. |
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(c) The commission by rule shall adopt policies and |
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procedures for the issuance of oyster shell recovery tags or other |
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means to collect the fee imposed by this section. A tag required by |
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this section must: |
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(1) be affixed to the outside of each box of oysters at |
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the time of harvest, in the location of harvest; |
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(2) contain information required by the Department of |
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State Health Services under the National Shellfish Sanitation |
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Program; and |
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(3) remain affixed during transportation of the |
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oysters to a dealer. |
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(d) The department shall deposit to the credit of the oyster |
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shell recovery and replacement program account all revenue, less |
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allowable costs, from the fees collected under Subsection (b). |
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(e) Money in the oyster shell recovery and replacement |
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program account may be appropriated only for the recovery and |
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enhancement of public oyster reefs under Section 76.020. |
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(f) The department shall consult with members of the oyster |
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industry regarding the management of oyster beds in this state. |
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SECTION 3. Section 76.115, Parks and Wildlife Code, is |
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amended by amending Subsection (c) and adding Subsections (d), (e), |
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and (f) to read as follows: |
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(c) Before closing any area, the commission [commissioner] |
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shall [post notices of the closing in fish and oyster houses in two
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towns nearest the area to be closed and shall] publish notice in a |
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daily newspaper of general circulation in the area to be closed. |
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The notice [notices] shall be [posted and] published at least three |
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days before the effective date of the closing. |
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(d) Areas closed under this section must reopen by the |
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beginning of the next public oyster season unless sound biological |
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data indicates that the need for closure still exists. |
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(e) The commission by rule may establish procedures and |
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criteria for closing areas under Subsection (a). |
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(f) The commission may delegate to the executive director |
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the duties and responsibilities under this section. |
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SECTION 4. Not later than January 1, 2012, the Parks and |
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Wildlife Commission shall adopt rules: |
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(1) for the recovery of oyster shells in accordance |
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with this Act; and |
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(2) necessary for the implementation of this Act. |
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SECTION 5. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 932 passed the Senate on |
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April 13, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 932 passed the House, with |
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amendment, on May 19, 2011, by the following vote: Yeas 146, |
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Nays 2, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |