By Bernsen S.B. No. 858
77R6181 BDH-F
A BILL TO BE ENTITLED
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. Section 436.107(d), Health and Safety Code, is
1-24 amended to read as follows:
2-1 (d) A member of the Texas Oyster Council may not receive
2-2 compensation for service on the council, but is entitled to
2-3 reimbursement of [and may not be reimbursed for] expenses incurred
2-4 by the member while conducting the business of the council, as
2-5 provided by the General Appropriations Act.
2-6 SECTION 3. Section 47.001(a), Agriculture Code, is amended
2-7 to read as follows:
2-8 (a) The department may promote and advertise the Texas
2-9 oyster industry by:
2-10 (1) using current market research to develop an oyster
2-11 marketing plan to increase consumption of Texas oysters;
2-12 (2) conducting a public relations campaign to create a
2-13 responsible and accurate image of the Texas oyster industry;
2-14 (3) providing information, education, and training to
2-15 consumers, food handlers, and restaurant personnel on safe and
2-16 proper handling of oysters, for the purpose of promoting the use
2-17 and consumption of oysters; and
2-18 (4) using other methods the department considers
2-19 appropriate.
2-20 SECTION 4. Sections 47.002(b) and (d), Agriculture Code, are
2-21 amended to read as follows:
2-22 (b) A member [Members] of the advisory committee may not
2-23 receive [serve without] compensation for service on the board, but
2-24 is entitled to [or] reimbursement of expenses incurred by the
2-25 member while conducting the business of the committee and approved
2-26 by the commissioner, as provided by the General Appropriations Act.
2-27 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,
3-27 particularly seafood.
4-1 SECTION 5. The commissioner of agriculture shall appoint the
4-2 members of the oyster advisory committee required by Sections
4-3 47.002(d)(4)-(6), Agriculture Code, as amended by this Act, to fill
4-4 the next three vacancies that occur after the effective date of
4-5 this Act that are created by the expiration of the terms of three
4-6 members appointed under Section 47.002(d)(1), Agriculture Code.
4-7 SECTION 6. This Act takes effect September 1, 2001.