HBA-MPM H.B. 1954 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1954 By: Zbranek Public Health 3/8/2001 Introduced BACKGROUND AND PURPOSE In 1999, the 76th Legislature amended the Texas Aquatic Life Act by requiring oyster dealers to pay a fee and establishing the Texas Oyster Council (council) and an Oyster Advisory Committee (committee). House Bill 1954 establishes a method by which the comptroller is to monitor the compliance of the payment of the oyster fee, entitles members of the council and committee to certain reimbursement expenses, and modifies the composition of the committee. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1954 amends the Health and Safety Code to require the comptroller of public accounts (comptroller) in monitoring the compliance of the payment of fees for oysters harvested, purchased, handled, or processed by a certified shellfish dealer to compare on a monthly or annual basis records of fees collected to data collected by the Parks and Wildlife Department relating to oyster barrel purchases. If the comptroller finds a discrepancy between the two sources of information, the bill authorizes the comptroller to consult the dealer's log required by the National Shellfish Sanitation Program to resolve the discrepancy. The bill permits the comptroller to use this process in lieu of any other administrative process used to determine compliance. The bill provides that a finding by the comptroller of a discrepancy that reflects an underreporting of oysters harvested, purchased, handled, or processed by a dealer constitutes prima facie evidence of a violation in any administrative proceeding under the Texas Aquatic Life Act. The bill entitles a member of the Texas Oyster Council for reimbursement of certain expenses. H.B. 1954 amends the Agriculture Code to entitle a member of the Oyster Advisory Committee (committee) to reimbursement for certain expenses. The bill specifies that the reimbursement must be paid from fees on oyster sales and related penalties or from any other revenue as provided by the General Appropriations Act. The bill modifies the composition of the committee to reduce from six to three the number of members appointed who are oyster dealers and adds one representative each from the grocery retail business, the restaurant industry, and a researcher or instructor from an institution of higher education that specializes in food science. EFFECTIVE DATE September 1, 2001.