SRC-MWN S.B. 858 77(R)BILL ANALYSIS


Senate Research CenterS.B. 858
By: Bernsen
Natural Resources
7/10/2001
Enrolled


DIGEST AND PURPOSE 

The Texas oyster industry lacks proper regulation and promotion to
stimulate increased consumption of the state's oyster harvest.  S.B. 858
requires the comptroller of public accounts to monitor the collection of
fees imposed on the sale of oysters; expands the groups to which the Texas
Department of Agriculture (department) may provide information, education,
and training concerning the safe and proper handling of oysters; provides
for reimbursement of official expenses incurred by members of the Texas
Oyster Council and of department's oyster advisory committee; and revamps
the composition of the advisory committee. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 436.103, Health and Safety Code, by adding
Subsections (h) and (i), to require the comptroller of public accounts
(comptroller), in monitoring compliance with the payment of fees imposed
under this section, to monthly or annually, as determined by the
comptroller, compare records of fees collected under this section to data
collected by the Parks and Wildlife Department relating to oyster barrel
purchases. Authorizes the comptroller, if the comptroller finds a
discrepancy between the two sources of information, to consult the dealer's
log required by the National Shellfish Sanitation Program to resolve the
discrepancy. Authorizes the comptroller to use the process described by
this subsection in place of any other administrative process used by the
comptroller in determining compliance with this section. 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 of this section in any
administrative proceeding under this chapter. 

SECTION 2. Amends Section 436.107(d), Health and Safety Code, to provide
that a member of the Texas Oyster Council may not receive compensation for
service on the council, but is entitled to reimbursement of expenses,
rather than may not be reimbursed for expenses, incurred by the member
while conducting the business of the council, as provided by the General
Appropriations Act. 

SECTION 3. Amends Section 47.001(a), Agriculture Code, to authorize the
Department of Agriculture (department) to promote and advertise the Texas
oyster industry by providing information, education, and training to
consumers, food handlers, and restaurant personnel on safe and proper
handling of oysters, for the purpose of promoting the use and consumption
of oysters. 

SECTION 4. Amends Sections 47.002(b) and (d), Agriculture Code, to provide
that  a member, rather than members, may not receive compensation for
service on the commodity producers board (board), but is entitled to
reimbursement of expenses, rather than may not receive reimbursement,
incurred by the member while conducting the business of the committee and
approved by the commissioner of agriculture, as provided by the General
Appropriations Act. Requires a reimbursement under this subsection to be
paid from revenue from fees on oyster sales and related penalties imposed
under Section 436.103 (Fee on Oyster Sales; Penalties), Health and Safety
Code, available for that purpose or from other revenue as provided by the
General Appropriations Act. Provides that the advisory committee consists
of certain members. 

SECTION 5. Requires the commissioner of agriculture to appoint the members
of the oyster advisory committee required by Sections 47.002(d)(4)-(6),
Agriculture Code, as amended by this Act, to fill the next three vacancies
that occur after the date of this Act that are created by the expiration of
the terms of three members appointed under Section 47.002(d)(1),
Agriculture Code. 

SECTION 6. Effective date: September 1, 2001.