By Seaman                                       H.B. No. 2347

      75R5469 CAG-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of mariculture facilities in Aransas

 1-3     County.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter Z, Chapter 240, Local Government Code,

 1-6     is amended by adding Section 240.9015 to read as follows:

 1-7           Sec. 240.9015.  REGULATION OF CERTAIN MARICULTURE FACILITIES.

 1-8     (a)  In this section:

 1-9                 (1)  "Flood-prone area" has the meaning assigned by

1-10     Section 240.901(d).

1-11                 (2)  "Mariculture" means the propagation and rearing of

1-12     aquatic species, including shrimp, other crustaceans, finfish,

1-13     mollusks, and other similar creatures, in a controlled environment

1-14     using brackish or marine water.

1-15           (b)  The Commissioners Court of Aransas County by order may

1-16     require that a facility that exists on or is established after the

1-17     effective date of the order and that is engaged in commercial

1-18     mariculture file a security bond or letter of credit with the

1-19     commissioners court as a requirement for the construction or

1-20     renovation of a mariculture facility in a flood-prone area.

1-21           (c)  The security bond or letter of credit required by this

1-22     section must contain a statement on the face of the bond or letter

1-23     of credit that the bond or letter shall be paid to the county if

1-24     the commissioners court determines that the facility has been

 2-1     abandoned and requires cleanup or the facility site has been

 2-2     contaminated and requires cleanup.

 2-3           (d)  The commissioners court may adopt rules relating to the:

 2-4                 (1)  form of the bond or letter of credit;

 2-5                 (2)  qualifications of a surety or issuer;

 2-6                 (3)  amount of the bond or letter;

 2-7                 (4)  method for filing and obtaining approval of the

 2-8     bond or letter by the commissioners court; and

 2-9                 (5)  release and discharge of the bond or letter.

2-10           (e)  The Commissioners Court of Aransas County by order may,

2-11     to protect the economic base and natural resources of the county,

2-12     designate any area of the county the court determines is not

2-13     suitable for the establishment of a mariculture facility after the

2-14     effective date of the order because of the risk of flooding or

2-15     storm surges from hurricanes or other natural disasters and may

2-16     prohibit the location of a mariculture facility in those areas.

2-17           SECTION 2.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended,

2-22     and that this Act take effect and be in force from and after its

2-23     passage, and it is so enacted.