1-1                                   AN ACT
 1-2     relating to the regulation and promotion of the oyster industry in
 1-3     this state.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 436.103, Health and Safety Code, is
 1-6     amended by adding Subsections (h) and (i) to read as follows:
 1-7           (h)  In monitoring compliance with the payment of fees
 1-8     imposed under this section, the comptroller shall monthly or
 1-9     annually, as determined by the comptroller, compare records of fees
1-10     collected under this section to data collected by the Parks and
1-11     Wildlife Department relating to oyster barrel purchases.  If the
1-12     comptroller finds a discrepancy between the two sources of
1-13     information, the comptroller may consult the dealer's log required
1-14     by the National Shellfish Sanitation Program to resolve the
1-15     discrepancy.  The comptroller may use the process described by this
1-16     subsection in place of any other administrative process used by the
1-17     comptroller in determining compliance with this section.
1-18           (i)  A finding by the comptroller under Subsection (h) of a
1-19     discrepancy that reflects an underreporting of oysters harvested,
1-20     purchased, handled, or processed by a dealer constitutes prima
1-21     facie evidence of a violation of this section in any administrative
1-22     proceeding under this chapter.
1-23           SECTION 2.  Subsection (d), Section 436.107, Health and
1-24     Safety Code, is amended to read as follows:
1-25           (d)  A member of the Texas Oyster Council may not receive
 2-1     compensation for service on the council, but is entitled to
 2-2     reimbursement of [and may not be reimbursed for] expenses incurred
 2-3     by the member while conducting the business of the council, as
 2-4     provided by the General Appropriations Act.
 2-5           SECTION 3.  Subsection (a), Section 47.001, Agriculture Code,
 2-6     is amended to read as follows:
 2-7           (a)  The department may promote and advertise the Texas
 2-8     oyster industry by:
 2-9                 (1)  using current market research to develop an oyster
2-10     marketing plan to increase consumption of Texas oysters;
2-11                 (2)  conducting a public relations campaign to create a
2-12     responsible and accurate image of the Texas oyster industry;
2-13                 (3)  providing information, education, and training to
2-14     consumers, food handlers, and restaurant personnel on safe and
2-15     proper handling of oysters, for the purpose of promoting the use
2-16     and consumption of oysters; and
2-17                 (4)  using other methods the department considers
2-18     appropriate.
2-19           SECTION 4.  Subsections (b) and (d), Section 47.002,
2-20     Agriculture Code, are amended to read as follows:
2-21           (b)  A member [Members] of the advisory committee may not
2-22     receive [serve without] compensation for service on the committee,
2-23     but is entitled to [or] reimbursement of expenses incurred by the
2-24     member while conducting the business of the committee and approved
2-25     by the commissioner, as provided by the General Appropriations Act.
2-26     A reimbursement under this subsection must be paid from revenue
 3-1     from fees on oyster sales and related penalties imposed under
 3-2     Section 436.103, Health and Safety Code, available for that purpose
 3-3     or from other revenue as provided by the General Appropriations
 3-4     Act.
 3-5           (d)  The advisory committee consists of the following nine
 3-6     members:
 3-7                 (1)  three [six] members appointed by the commissioner
 3-8     who are [from a list of nominations submitted individually by]
 3-9     oyster dealers who have been certified in Texas for at least 12
3-10     months of each year of the three years preceding the appointment
3-11     [nomination];
3-12                 (2)  two members appointed by the commissioner who are
3-13     [from a list of nominations submitted individually by] oyster
3-14     dealers who have been certified in Texas for at least six months of
3-15     each year of the three years preceding the appointment
3-16     [nomination]; [and]
3-17                 (3)  one member appointed by the commissioner
3-18     representing consumer interests;
3-19                 (4)  one member appointed by the commissioner
3-20     representing grocery retail business interests;
3-21                 (5)  one member appointed by the commissioner
3-22     representing the restaurant industry; and
3-23                 (6)  one member appointed by the commissioner who:
3-24                       (A)  is employed by an institution of higher
3-25     education as a researcher or instructor; and
3-26                       (B)  specializes in the area of food science,
 4-1     particularly seafood.
 4-2           SECTION 5.  The commissioner of agriculture shall appoint the
 4-3     members of the oyster advisory committee required by Subdivisions
 4-4     (4), (5), and (6), Subsection (d), Section 47.002, Agriculture
 4-5     Code, as amended by this Act, to fill the next three vacancies that
 4-6     occur after the effective date of this Act that are created by the
 4-7     expiration of the terms of three members appointed under
 4-8     Subdivision (1), Subsection (d), Section 47.002, Agriculture Code.
 4-9           SECTION 6.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 858 passed the Senate on
         April 5, 2001, by the following vote:  Yeas 30, Nays 0, one
         present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 858 passed the House on
         April 19, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor