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.
2-29 * * * * *