By Seaman H.B. No. 2475 75R5468 CAG-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of mariculture facilities in certain 1-3 coastal counties. 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) This section applies only to a county bordering on the 1-16 Gulf of Mexico or on the tidewater limits of the Gulf of Mexico. 1-17 (c) The commissioners court of the county by order may 1-18 require that a facility that exists on or is established after the 1-19 effective date of the order and that is engaged in commercial 1-20 mariculture file a security bond or letter of credit with the 1-21 commissioners court as a requirement for the construction or 1-22 renovation of a mariculture facility in a flood-prone area. 1-23 (d) The security bond or letter of credit required by this 1-24 section must contain a statement on the face of the bond or letter 2-1 of credit that the bond or letter shall be paid to the county if 2-2 the commissioners court determines that the facility has been 2-3 abandoned and requires cleanup or the facility site has been 2-4 contaminated and requires cleanup. 2-5 (e) The commissioners court may adopt rules relating to the: 2-6 (1) form of the bond or letter of credit; 2-7 (2) qualifications of a surety or issuer; 2-8 (3) amount of the bond or letter; 2-9 (4) method for filing and obtaining approval of the 2-10 bond or letter by the commissioners court; and 2-11 (5) release and discharge of the bond or letter. 2-12 (f) The commissioners court of a county by order may, to 2-13 protect the economic base and natural resources of a coastal 2-14 county, designate any area of the county the court determines is 2-15 not suitable for the establishment of a mariculture facility after 2-16 the effective date of the order because of the risk of flooding or 2-17 storm surges from hurricanes or other natural disasters and may 2-18 prohibit the location of a mariculture facility in those areas. 2-19 SECTION 2. The importance of this legislation and the 2-20 crowded condition of the calendars in both houses create an 2-21 emergency and an imperative public necessity that the 2-22 constitutional rule requiring bills to be read on three several 2-23 days in each house be suspended, and this rule is hereby suspended, 2-24 and that this Act take effect and be in force from and after its 2-25 passage, and it is so enacted.