SRC-ARR S.B. 1685 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1685
By: Bernsen
Natural Resources
8/12/1999
Enrolled


DIGEST 

Currently, Texas law does not regulate certain actions associated with the
oyster industry. S.B. 1685 establishes certain requirements for the oyster
industry in order to  protect the public and promote the industry. 

PURPOSE

As enrolled, S.B. 1685 regulates the oyster industry. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the comptroller of public accounts in
SECTION 2 (Section 436.103(d), Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 431A, Health and Safety Code, by adding Section
431.006, as follows: 
 
Sec. 431.006. COMPLIANCE WITH OTHER LAW; MOLLUSCAN SHELLFISH. Requires a
person who is subject to this chapter and who handles molluscan shellfish,
as that term is defined by Section 436.002, to comply with Section 436.105. 

SECTION 2. Amends Section 436.103, Health and Safety Code, to require the
first certified shellfish dealer who harvest, purchases, handles, stores,
packs, labels, unloads at dockside, or holds oysters taken from the waters
of this state to pay the state a fee of $1 for each barrel of oysters
harvested, purchased, handled, or processed by the certified shellfish
dealer (dealer). Provides that for purposes of assessing the fee required
by this section, three 100-pound containers of oysters is the equivalent of
one barrel of oysters. Prohibits a dealer from purchasing or packing
oysters in containers that, when packed, exceed 110 pounds in weight.
Provides that  a dealer who violates this subsection is liable for a
penalty of $5 for each container that exceeds 110 pounds. Requires a
certified shellfish dealer to pay a fee or penalty imposed by Subsection
(a) or (b) not later than the 20th, rather than the 30th day of the month
following the month in which the barrel of oysters was handled. Provides
that a dealer who fails to pay the fee or penalty in full within the
prescribed period is liable for the amount of the fee or penalty and an
additional penalty of 10 percent of the amount of the fee or penalty due.
Authorizes the Texas Department of Health (department), on certification by
the comptroller that a fee is past due, to suspend  until the fee, penalty,
or additional penalty is paid, the shellfish certificate of a certified
shellfish dealer who fails to timely pay the fee or penalty in full.
Authorizes the department on certification from the comptroller that a
certified shellfish dealer has refused to pay a fee, penalty, or additional
penalty, on written demand, to revoke the certificate of compliance of a
certified dealer who refuses to pay a fee, penalty or additional penalty.
Authorizes the comptroller to collect fees and penalties under this section
and  to adopt rules, forms, and procedures for submission of fees under
this section. Requires the comptroller each month to report to the
department the fees and penalties that are submitted to the comptroller.
Requires two percent of the amount of the fees and penalties, before any
other disposition of the fees and penalties collected under this section is
made, to be deposited in the state treasury for appropriation for the use
of the comptroller in the administration and enforcement of this section.
Requires the remainder of the fees to deposited to the credit of the oyster
sales account in the general revenue fund to be  allocated each year for
the certain oyster-related activities. Requires money in the oyster sales
account to first be allocated for funding the public health activities of
bay water and  shellfish meat sample collection and analysis and wholesale,
retail, and consumer education before money is allocated for research or
promotion. Provides that Subtitles A and B,  Title 2, Tax Code, apply to
the comptroller's administration, collection, and enforcement of this
section to the same extent as if the fee imposed under this section were a
tax imposed under Title 2 of the Tax Code. Deletes existing Subsection (d)
regarding rules and forms. 

SECTION 3. Amends Chapter 436H, Health and Safety Code, by adding Sections
436.104-436.108, as follows: 

Sec. 436.104. OYSTER PROGRAM. Sets forth certain requirements of the
department for the oyster program.  

Sec. 436.105. TEMPERATURE REQUIREMENTS. Sets forth certain required
temperatures for molluscan shellfish.  

Sec. 436.106. TEMPERATURE ABUSE. Prohibits the department from designating
a harvest area as a closed area unless the temperature abuse does not
appear to be the possible cause of the illness, if temperature abuse of
oysters associated with possible Vibrio parahaemolyticus illness is
identified at any point in the market chain from harvest to consumer.
Provides that this section does not preclude closures for investigations
conducted in accordance with the National Shellfish Sanitation Program that
are necessary to protect public health. Requires the harvest area to be
immediately designated as an open area, 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 investigation,
to be the probable cause of the illnesses. 

Sec. 436.107. TEXAS OYSTER COUNCIL. Creates the Texas Oyster Council
(council). Sets forth the membership of the council. Provides that the
members of the council serve one-year terms expiring August 31 of each year
and may be reappointed at the end of a term. Provides that a person is not
eligible for appointment as a consumer member of the council if the person
or the person's spouse is in the industry. Requires the council to elect a
presiding officer from among its members.  

Sec. 436.108. POWERS AND DUTIES OF THE TEXAS OYSTER COUNCIL. Sets forth the
powers and duties of the council. Provides that the council is entitled to
certain information. Authorizes the council to establish procedures for
certain actions. Sets forth requirements for meetings. Sets forth
requirements for confidentiality. Provides that the council is subject to
Chapter 551, Government Code. Provides that the council is not required to
conduct an open meeting to deliberate confidential communications and
records provided under this section relating to the investigation of a
food-borne illness that is suspected of being related to molluscan
shellfish. Provides that a report produced by the council is public.  

SECTION 4. Amends Title 3, Agriculture Code, by adding Chapter 47, as
follows: 

CHAPTER 47. TEXAS OYSTER PROGRAM
 
Sec. 47.001. PROMOTION AND ADVERTISEMENT. Authorizes the Texas Department
of Agriculture (TDA) to promote and advertise the Texas oyster industry by
taking certain action. Authorizes TDA to use a portion of the oyster sales
fee funds provided for purposes, following the guidance of the oyster
advisory committee established under Section 47.002. 

Sec. 47.002. OYSTER ADVISORY COMMITTEE. Requires the commissioner of
agriculture to appoint an oyster advisory committee (advisory committee) to
provide guidance and direction on the programs and activities established
under this chapter and expenditures of the funds appropriated for this
chapter. Provides that members of the  advisory committee serve without
compensation or reimbursement of expenses. Requires the advisory committee
to meet and elect a presiding officer from among its members. Sets forth
the members of the advisory committee. Requires the advisory committee to
adopt its own bylaws. Requires the bylaws to provide that five members
constitute a quorum sufficient to conduct meetings and business of the
advisory committee. Sets forth the terms of the advisory committee members.
Authorizes a member to be reappointed.  

SECTION 5. Amends Chapter 87C, Education Code, by adding Section 87.207, as
follows: 

Sec. 87.207. MOLLUSCAN SHELLFISH PROGRAMS. Authorizes the marine biology
department of Texas A&M University at Galveston to take certain actions,
and to give priority to public health activities.  

SECTION 6. Requires the commissioner of agriculture to appoint certain
members by certain dates, in making the initial appointments of the Oyster
Advisory Committee members under Section 47.002, Agriculture Code, as added
by this Act.  

SECTION 7. Emergency clause.
                      Effective date: upon passage.