Amend SB 1685 as follows:
      (1)  In SECTION 3 of the bill, in added Section 436.106,
Health and Safety Code,  strike "unless the temperature abuse does
not appear to be the possible cause of the illness." and substitute
the following:
if the temperature abuse is the probable cause of the illness.
This section does not preclude closures for investigations
conducted in accordance with the  National Shellfish Sanitation
Program that are necessary to protect public health.  If a harvest
area has been designated as a closed area because the investigation
could not be completed within the time required in the National
Shellfish Sanitation Program and temperature abuse is  determined,
as a result of the investigation, to be the probable cause of the
illnesses, the harvest area must be immediately designated as an
open area.
      (2)  In SECTION 3 of the bill, strike added Section
436.107(b), Health and Safety Code, and substitute the following:
      (b)  The council is composed of:
            (1)  two members appointed by the board as nominated by
the Texas Oyster Growers and Dealers association;
            (2)  one member appointed by the board as nominated by
the Coastal Oyster Leaseholder's Association;
            (3)  two members appointed by the board from a list of
oyster dealers who have held a shellfish certificate in this state
for not less than six months of each of the three years preceding
the nomination and who are certified at the time of appointment;
            (4)  one representative appointed by the chairman of
the Interstate Shellfish Sanitation Conference; and
            (5)  three consumer members, including one person
professionally licensed or with work experience in the field of
environmental survey, environmental sanitation, environmental
engineering, or a similar field related to environmental or
pollution conditions and their effect on molluscan shellfish
harvest areas, appointed by the speaker of the house of
representatives.
      (3)  In SECTION 3 of the bill, in added Section 436.108,
Health and Safety Code, insert a new Subsection (d) as follows and
reletter the following subsections appropriately:
      (d)  The Texas Oyster Council may meet at the request of the
department, may meet periodically to review completed activities of
the department, or may meet to review ongoing activities of the
department if the department appears to have exceeded the
guidelines established in the National Shellfish Sanitation
Program.
      (4)  In SECTION 3 of the bill, at the end of added Section
436.108, Health and Safety Code, insert a new appropriately
lettered Subsection as follows:
      (_)  A report produced by the Texas Oyster Council is public
information.