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


Senate Research Center   S.B. 1685
By: Bernsen
Natural Resources
4/4/1999
As Filed


DIGEST 

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

PURPOSE

As proposed, S.B. 1685 regulate the oyster industry. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the comptroller of public accounts in
SECTION 4 (Section 436.103(c), Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. DEFINITIONS. Defines "interim control plan for vibrio
parahaemolyticus (ICPVp)," "interstate shellfish sanitation conference
(ISSC)," and "national shellfish sanitation program (NSSP)." 

SECTION 2. Amends Section 81.046, Health and Safety Code, by adding
Subsection (e), to prohibit certain information regarding food borne
illness and the investigation of it from being considered public
information, but shall be released by the health authority or Texas
Department of Health (department) upon written request to any licensed or
certified member of the implicated industry. Authorizes the information
related to food borne or suspected food borne illness to be released to
protect public health only when a case control study has established an
epidemiological link to an implicated food. Make a conforming change. 

SECTION 3. Amends Sections 431.002 and 431.005, Health and Safety Code, as
follows: 

 Sec. 431.002. DEFINITIONS.  Defines "molluscan shellfish."

Sec. 431.005. PROVISIONS REGARDING THE SALE OF FOOD, DRUGS, DEVICES, OR
COSMETICS. Requires molluscan shellfish to be regulated under the
provisions and rules of Chapter 436 of this code at all levels of the
market chain from harvest to consumer. 

SECTION 4. Amends Section 436.103, Health and Safety Code, to require a
certified shellfish dealer who handles oysters taken from the waters of
this state to pay the state a fee of $1 for each barrel of oysters
processed by the certified shellfish dealer. Provides that a barrel of
oysters is equivalent to three one-hundred pound sacks of oysters. Provides
that  a dealer who packs oysters in sacks exceeding 110 pounds is liable
for a penalty of $5 per sack of those sacks found exceeding 110 pounds.
Requires penalties to be payable under the same terms established in this
section for payment of fees. Authorizes the department to suspend, upon
certification by the comptroller that a fee or penalty is past due, until
the fee or penalty is paid, the shellfish certificate or a certified
shellfish dealer who fails to timely pay the fee or penalty in full.
Authorizes the departments upon certification from the comptroller that a
certified dealer has refused to pay a fee or penalty on written demand, to
revoke the Certificate of Compliance of a certified dealer who refuses to
pay a fee of penalty on written demand of the comptroller, rather than
department. Authorizes the comptroller  to adopt rules, forms, and
procedures for submission of fees under this section. Requires fees and
penalties collected under this section to be submitted to the comptroller.
Requires the comptroller to report to the department monthly the fees and
penalties submitted. Requires two percent of such fees, before any other
allocation of the fees collected under this section is made, to be
deposited in the state treasury for the use of the comptroller in the
administration and enforcement of this section. Requires the remainder of
the fees to be deposited to the credit of the Oyster Sales account in the
general revenue fund to be allocated each year for certain oyster-related
activities. Provides that the provisions of Subtitles A and B, Tax Code,
are applicable to the comptroller's administration, collection, and
enforcement of this section to the same extent as if this were a tax
imposed under Title 2 of the Tax Code. 

SECTION 5. Amends Subchapter H, Health and Safety Code, by adding Section
436.104, as follows: 

Sec. 436.104. OYSTER LEASE PROGRAM. Requires the department to conduct the
necessary activities to allow production of oysters from private oyster
leases during the month of May through October of each year. Sets forth
certain requirements of the department for the oyster lease program.  

SECTION 6. Amends Chapter 436I, Health and Safety Code, by adding Section
436.116, as follows: 

Sec. 436.116. TEXAS OYSTER COUNCIL. Provides that there shall be a Texas
Oyster Council (council). Requires the council to advise the Texas Board of
Health (board) regarding certain items. Requires the council to establish
procedures for certain actions. Requires the council to adhere to all laws
pertaining to public meetings and to post meeting dates and agendas in the
Texas Register. Requires the council to be composed of certain members.
Provides that certain persons are not eligible for appointment as a public
member. Requires the council to meet and elect a chairperson from its
members and to conduct other such meetings as it may deem necessary to deal
with matters brought before the council. Prohibits the council from
providing compensation or reimbursement of expenses to its members.
Provides that members will serve for a period of one year and may be
reappointed at the conclusion of their term. Requires the Interstate
Shellfish Sanitation Conference representative and the Texas A&M Sea Grant
representative to be appointed by their respective organizations or agency.

SECTION 7. 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 take certain actions regarding the promotion and
advertisement of the Texas Oyster Industry. Authorizes TDA, following
guidance of the Oyster Advisory Committee established in Section 47.002, to
use a portion of the Oyster Sales Fee funds provided for administrative
purposes.  

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 subchapter and expenditures of the funds appropriated for this
subchapter. Requires members of the advisory committee to serve without
compensation or reimbursement or expenses. Requires the advisory committee
to meet and elect a chairperson from its members and to conduct other such
meetings as it is necessary to provide guidance and direction to the TDA.
Requires the advisory committee to be composed of nine members. Requires
the advisory committee to develop certain by-laws. Sets forth the terms of
the advisory committee members. Authorizes a person to continue to serve on
the advisory committee at the conclusion of the person's term if
reappointed.  

SECTION 8. Amends Chapter 87C, Education Code, to authorize the Texas A&M
University at Galveston, Marine Biology Department to support expansion and
production of the oysters from private oyster leases during the months of
May through October of each year and to study the  possible impacts  of
conditions observed on public harvest outside this time period, including
but not limited to other certain actions.  

SECTION 9. Emergency clause.
                      Effective date: upon passage.