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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the commercial oyster mariculture |
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advisory board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 75, Parks and Wildlife Code, is amended |
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by adding Section 75.0108 to read as follows: |
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Sec. 75.0108. COMMERCIAL OYSTER MARICULTURE ADVISORY |
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BOARD. (a) In this section, "advisory board" means the commercial |
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oyster mariculture advisory board established under this section. |
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(b) The commercial oyster mariculture advisory board is |
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established within the department to advise all state agencies with |
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regulatory authority over the commercial oyster mariculture |
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industry. |
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(c) The advisory board consists of seven members appointed |
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by the governor as follows: |
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(1) four members must: |
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(A) represent the commercial oyster mariculture |
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industry, seafood industry, or related industries; and |
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(B) have a documented interest in the promotion |
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of entrepreneurship, free enterprise, and the increased use, |
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consumption, marketing, and sale of native oysters in this state; |
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and |
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(2) three members must: |
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(A) represent the scientific and conservation |
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community in this state; and |
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(B) have a documented interest in the |
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sustainability of the natural coastal environment of this state. |
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(d) At least one advisory board member must be a member of |
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the department's oyster advisory workgroup. |
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(e) Advisory board members serve staggered five-year terms, |
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with the terms of one or two members expiring February 1 of each |
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year. |
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(f) If a vacancy occurs on the advisory board, the governor |
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shall appoint a replacement who meets the qualifications for the |
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vacant position to serve for the remainder of the term. |
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(g) The governor shall designate an advisory board member |
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described by Subsection (c)(1) to serve as the advisory board's |
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presiding officer for a one-year term. The presiding officer may |
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vote on any matter before the advisory board. |
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(h) Advisory board members serve without compensation but |
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are entitled to reimbursement for actual and necessary expenses |
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incurred in performing official duties authorized by the office of |
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the governor. |
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(i) The advisory board shall make recommendations to the |
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governor and all relevant agencies concerning the commercial oyster |
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mariculture industry, including recommendations regarding: |
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(1) promoting the use, consumption, marketing, and |
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sale of maricultured oysters; |
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(2) promoting sustainable commercial oyster |
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mariculture; and |
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(3) commercial oyster mariculture permits and |
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regulations. |
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(j) In performing the advisory board's duties under this |
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section, the advisory board may consult with agencies of this state |
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and the United States, including the: |
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(1) Parks and Wildlife Department; |
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(2) General Land Office; |
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(3) seafood and aquatic life unit of the Department of |
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State Health Services; |
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(4) Department of State Health Services; |
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(5) National Marine Fisheries Service; |
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(6) United States Army Corps of Engineers; and |
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(7) United States Coast Guard. |
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(k) Chapter 2110, Government Code, does not apply to the |
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advisory board. |
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SECTION 2. Not later than December 31, 2021, the governor |
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shall appoint the initial members of the commercial oyster |
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mariculture advisory board under Section 75.0108, Parks and |
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Wildlife Code, as added by this Act. Notwithstanding Section |
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75.0108(e), Parks and Wildlife Code, as added by this Act, in making |
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the initial appointments, the governor shall designate one member |
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to a term expiring February 1, 2022, one member to a term expiring |
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February 1, 2023, two members to terms expiring February 1, 2024, |
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two members to terms expiring February 1, 2025, and one member to a |
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term expiring February 1, 2026. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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