78R13246 CLE-D

By:  Eiland                                                     H.C.R. No. 1  



CONCURRENT RESOLUTION
	WHEREAS, Texas is the country's second-largest oyster 
producer, accounting for 13 percent of the nation's total 
production of oysters; and
	WHEREAS, Texas oysters from the Gulf of Mexico are subject to 
stringent federal and state regulations, including a tough 
monitoring program executed by several state agencies to oversee 
the harvest, sale, handling, and storage of the oysters; and
	WHEREAS, Eating raw Texas oysters is perfectly safe for most 
diners, but there is a risk associated with consuming raw oysters 
for persons with certain health conditions; and
	WHEREAS, The Texas Department of Health (TDH) has an 
aggressive campaign to warn at-risk persons to eat only cooked 
oysters to avoid the vibrio vulnificus bacteria that occurs 
naturally in marine waters; and
	WHEREAS, TDH is participating in a National Shellfish 
Sanitation Program plan to reduce vibrio vulnificus illness rates 
by 40 percent in 2005 and 2006 and by 60 percent in 2007 and 2008 
relative to the average rates for years 1995 to 1999; and
	WHEREAS, Despite this consensus plan and the absence of any 
crisis, the California Department of Health Services recently 
enacted emergency regulations to restrict the sale in California of 
raw oysters from Texas and four other Gulf Coast states; and
	WHEREAS, The effect of such a restriction could be 
devastating  on an industry that has a $50 million annual impact on 
the Texas economy, involving significantly more than the actual 
harvesting of oysters; and
	WHEREAS, The regulations are a drastic deviation from the 
national guidelines to require vibrio vulnificus illness reduction 
of 40 and 60 percent in five- and seven-year time frames; now, 
therefore, be it
	RESOLVED, That the 78th Legislature of the State of Texas 
hereby respectfully urge the California governor, legislature, and 
health agency to repeal emergency regulations that restrict the 
sale in California of raw oysters from Texas and four other Gulf 
Coast states; and, be it further
	RESOLVED, That the Texas secretary of state forward official 
copies of this resolution to the governor of the State of 
California, to the president pro tem of the California State Senate 
and the speaker of the California State Assembly, to the chairs of 
the Senate Health and Human Services Committee and the Assembly 
Health Committee, and to the director of the California Department 
of Health Services with the request that this resolution be 
officially entered into the record as a memorial to the California 
governor, legislature, and health agency.