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