85R857 SGA-F
 
  By: Kolkhorst S.B. No. 1556
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the management of commercial oyster boats in this
  state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 76.119(a), Parks and Wildlife Code, is
  amended to read as follows:
         (a)  If a vessel licensed as a commercial oyster boat is
  involved in a violation of this chapter, the captain of the vessel
  licensed as a commercial oyster boat is primarily responsible for
  the violation.  A member of the crew of a vessel licensed as a
  commercial oyster boat is not guilty of a violation unless the
  member of the crew committed the violation against the captain's
  orders, except for a violation of Section 76.109, 76.112, or
  76.116, in which case each person on the vessel is responsible for
  the violation.
         SECTION 2.  Subchapter E, Chapter 76, Parks and Wildlife
  Code, is amended by adding Section 76.304 to read as follows:
         Sec. 76.304.  VESSEL MONITORING SYSTEM. (a)  The commission
  by proclamation may establish a vessel monitoring system for
  commercial oyster boats.
         (b)  Before the commission issues a proclamation under
  Subsection (a), the department shall consult with commercial oyster
  boat license holders concerning establishment of a vessel
  monitoring system.
         SECTION 3.  Subchapter F, Chapter 76, Parks and Wildlife
  Code, is amended by adding Sections 76.405, 76.406, and 76.407 to
  read as follows:
         Sec. 76.405.  LICENSE BUYBACK PROGRAM. (a)  The department
  shall implement a license buyback program for licenses issued under
  this subchapter as part of the oyster license moratorium program
  established by this subchapter.
         (b)  The commission by rule shall establish criteria, using
  reasonable classifications, for the department's use in selecting
  licenses to be purchased. The department or executive director
  shall consult with the oyster license moratorium review board
  concerning establishment of the criteria.
         (c)  The department shall retire each license purchased
  under the license buyback program until the commission finds that
  management of the oyster fishery allows reissue of those licenses
  through auction or lottery.
         (d)  The department shall set aside an amount determined by
  commission rule that is at least 20 percent of the fees from
  licenses issued under this subchapter to be used only for the
  purpose of buying back commercial oyster boat licenses from willing
  license holders. That money shall be sent to the comptroller for
  deposit to the credit of the game, fish, and water safety account.
         (e)  The department may solicit and accept grants and
  donations of money or materials from private or public sources for
  the purpose of buying back licenses issued under this subchapter
  from willing license holders.
         (f)  Money to be used for the purpose of buying back licenses
  issued under this subchapter is not subject to Section 403.095,
  Government Code.
         (g)  The commission shall consider the social and economic
  viability of the oyster industry and input from the oyster license
  moratorium review board regarding the reissue of commercial oyster
  boat licenses through auction or lottery.
         Sec. 76.406.  PREVAILING AUTHORITY. A proclamation of the
  commission under this subchapter prevails over any conflicting
  provision of this chapter to the extent of the conflict.
         Sec. 76.407.  REPORT TO LEGISLATURE. (a)  Not later than
  November 1, 2020, the department shall report to the governor and
  each member of the legislature an overview of the administration
  and status of the oyster license buyback program, including the
  biological, sociological, and economic effects of the program.
         (b)  This section expires September 1, 2021.
         SECTION 4.  The Parks and Wildlife Commission shall adopt
  any rules required to implement Sections 76.405, 76.406, and
  76.407, Parks and Wildlife Code, as added by this Act, not later
  than June 1, 2018.
         SECTION 5.  (a) Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2017.
         (b)  Sections 76.405, 76.406, and 76.407, Parks and Wildlife
  Code, as added by this Act, take effect June 1, 2018.