1-1     By:  Bernsen                                           S.B. No. 858
 1-2           (In the Senate - Filed February 22, 2001; February 26, 2001,
 1-3     read first time and referred to Committee on Natural Resources;
 1-4     March 26, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; March 26, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the regulation and promotion of the oyster industry in
 1-9     this state.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 436.103, Health and Safety Code, is
1-12     amended by adding Subsections (h) and (i) to read as follows:
1-13           (h)  In monitoring compliance with the payment of fees
1-14     imposed under this section, the comptroller shall monthly or
1-15     annually, as determined by the comptroller, compare records of fees
1-16     collected under this section to data collected by the Parks and
1-17     Wildlife Department relating to oyster barrel purchases.  If the
1-18     comptroller finds a discrepancy between the two sources of
1-19     information, the comptroller may consult the dealer's log required
1-20     by the National Shellfish Sanitation Program to resolve the
1-21     discrepancy.  The comptroller may use the process described by this
1-22     subsection in place of any other administrative process used by the
1-23     comptroller in determining compliance with this section.
1-24           (i)  A finding by the comptroller under Subsection (h) of a
1-25     discrepancy that reflects an underreporting of oysters harvested,
1-26     purchased, handled, or processed by a dealer constitutes prima
1-27     facie evidence of a violation of this section in any administrative
1-28     proceeding under this chapter.
1-29           SECTION 2.  Subsection (d), Section 436.107, Health and
1-30     Safety Code, is amended to read as follows:
1-31           (d)  A member of the Texas Oyster Council may not receive
1-32     compensation for service on the council, but is entitled to
1-33     reimbursement of [and may not be reimbursed for] expenses incurred
1-34     by the member while conducting the business of the council, as
1-35     provided by the General Appropriations Act.
1-36           SECTION 3.  Subsection (a), Section 47.001, Agriculture Code,
1-37     is amended to read as follows:
1-38           (a)  The department may promote and advertise the Texas
1-39     oyster industry by:
1-40                 (1)  using current market research to develop an oyster
1-41     marketing plan to increase consumption of Texas oysters;
1-42                 (2)  conducting a public relations campaign to create a
1-43     responsible and accurate image of the Texas oyster industry;
1-44                 (3)  providing information, education, and training to
1-45     consumers, food handlers, and restaurant personnel on safe and
1-46     proper handling of oysters, for the purpose of promoting the use
1-47     and consumption of oysters; and
1-48                 (4)  using other methods the department considers
1-49     appropriate.
1-50           SECTION 4.  Subsections (b) and (d), Section 47.002,
1-51     Agriculture Code, are amended to read as follows:
1-52           (b)  A member [Members] of the advisory committee may not
1-53     receive [serve without] compensation for service on the committee,
1-54     but is entitled to [or] reimbursement of expenses incurred by the
1-55     member while conducting the business of the committee and approved
1-56     by the commissioner, as provided by the General Appropriations Act.
1-57     A reimbursement under this subsection must be paid from revenue
1-58     from fees on oyster sales and related penalties imposed under
1-59     Section 436.103, Health and Safety Code, available for that purpose
1-60     or from other revenue as provided by the General Appropriations
1-61     Act.
1-62           (d)  The advisory committee consists of the following nine
1-63     members:
1-64                 (1)  three [six] members appointed by the commissioner
 2-1     who are [from a list of nominations submitted individually by]
 2-2     oyster dealers who have been certified in Texas for at least 12
 2-3     months of each year of the three years preceding the appointment
 2-4     [nomination];
 2-5                 (2)  two members appointed by the commissioner who are
 2-6     [from a list of nominations submitted individually by] oyster
 2-7     dealers who have been certified in Texas for at least six months of
 2-8     each year of the three years preceding the appointment
 2-9     [nomination]; [and]
2-10                 (3)  one member appointed by the commissioner
2-11     representing consumer interests;
2-12                 (4)  one member appointed by the commissioner
2-13     representing grocery retail business interests;
2-14                 (5)  one member appointed by the commissioner
2-15     representing the restaurant industry; and
2-16                 (6)  one member appointed by the commissioner who:
2-17                       (A)  is employed by an institution of higher
2-18     education as a researcher or instructor; and
2-19                       (B)  specializes in the area of food science,
2-20     particularly seafood.
2-21           SECTION 5.  The commissioner of agriculture shall appoint the
2-22     members of the oyster advisory committee required by Subdivisions
2-23     (4), (5), and (6), Subsection (d), Section 47.002, Agriculture
2-24     Code, as amended by this Act, to fill the next three vacancies that
2-25     occur after the effective date of this Act that are created by the
2-26     expiration of the terms of three members appointed under
2-27     Subdivision (1), Subsection (d), Section 47.002, Agriculture Code.
2-28           SECTION 6.  This Act takes effect September 1, 2001.
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