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House Bill 51 |
House Author: Guillen et al. |
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Effective: See below |
Senate Sponsor: Hinojosa |
House Bill 51 amends the Parks and Wildlife Code to revise provisions relating to the regulation of the commercial oyster industry. The bill requires certain persons who purchase oysters to distribute oyster shells or other cultch material in a specified manner and to pay a related fee to the Parks and Wildlife Department (TPWD) and requires a person who possesses oysters that do not meet required size limits to replace the oysters in the beds from which they were taken. The bill authorizes the Parks and Wildlife Commission to establish a vessel monitoring system for commercial oyster boats. The bill revises certain oyster license requirements, enhances the penalty for a violation of statutory provisions relating to oyster licenses or a Parks and Wildlife Commission regulation under those provisions based on certain conduct, and provides for the suspension of an oyster license on the basis of final conviction of certain such violations. The bill includes an oyster size limit violation among the violations for which each person on a vessel licensed as a commercial oyster boat is responsible. The bill prohibits certain persons who purchase oysters from a captain of a vessel licensed as a commercial oyster boat, the holder of a commercial oyster boat license, or a member of the crew of a commercial oyster boat in violation of statutory provisions relating to the prohibition on night dredging, oyster size limits, or responsibility for a violation of oyster regulations from possessing the oysters and subjects such a person to any penalty prescribed by law. These provisions take effect September 1, 2017.
House Bill 51 requires TPWD to implement a license buyback program for licenses issued under the oyster license moratorium program and provides for TPWD and Parks and Wildlife Commission duties relating to the buyback program. The bill establishes that a commission proclamation under the oyster license moratorium program prevails over any conflicting statutory provision relating to the regulation of oysters to the extent of the conflict. These provisions take effect June 1, 2018.