79R3131 KCR-F

By:  Williams                                                     S.B. No. 272



A BILL TO BE ENTITLED

AN ACT

relating to the creation of an oyster license management program.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 76, Parks and Wildlife Code, is amended 
by adding Subchapter F to read as follows:
	SUBCHAPTER F. OYSTER LICENSE MANAGEMENT
	Sec. 76.401.  OYSTER LICENSE MANAGEMENT PROGRAM.  The 
department shall implement an oyster license management program to 
promote efficiency and economic stability in the oyster industry 
and to conserve economically important oyster resources.
	Sec. 76.402.  ISSUANCE AND RENEWAL OF COMMERCIAL OYSTER BOAT 
LICENSES.  (a)  After August 31, 2005, the department may not issue 
or renew a commercial oyster boat license unless the person seeking 
to obtain or renew the license documents to the satisfaction of the 
department that the vessel for which the license is sought:
		(1)  is owned by the person;                                           
		(2)  was licensed as a commercial oyster boat during 
the licensing period immediately preceding the period for which the 
license is sought; and
		(3)  is intended to be licensed and used as a commercial 
oyster boat.
	(b)  An applicant for a new or renewed commercial oyster boat 
license for a vessel that is required by United States Coast Guard 
rules to be documented by the United States Coast Guard must submit 
to the department with the license application:
		(1)  the United States Coast Guard certificate of 
documentation for the vessel; and
		(2)  the certificate of number for the vessel as 
required by Chapter 31.
	Sec. 76.403.  OYSTER LICENSE MANAGEMENT REVIEW 
BOARD.  (a)  The holders of commercial oyster boat licenses shall 
elect an oyster license management review board of seven members.
	(b)  A member of the review board must be a holder of a 
commercial oyster boat license.
	(c)  The seven members of the review board must be selected 
to reflect the following geographical distribution according to the 
county of residence specified on the member's commercial oyster 
boat license:
		(1)  one member representing Orange, Jefferson, 
Chambers, and Harris Counties;
		(2)  two members representing Galveston County;                        
		(3)  one member representing Brazoria and Matagorda 
Counties;        
		(4)  two members representing Calhoun, Aransas, 
Nueces, San Patricio, and Refugio Counties; and
		(5)  one member representing Kleberg, Cameron, and 
Willacy Counties. 
	(d)  The review board shall advise the commission and 
department and make recommendations concerning the administrative 
aspects of the oyster license management program, including 
hardship and appeal cases concerning eligibility.
	(e)  The executive director shall adopt procedures for the 
election and operation of the review board.  The executive director 
shall solicit and consider recommendations from the commercial 
oyster boat license holders regarding the procedures and the 
continued need for the board.
	(f)  The review board is not subject to Chapter 2110, 
Government Code.
	Sec. 76.404.  PROGRAM ADMINISTRATION; RULES.  (a)  The 
executive director shall establish administrative procedures to 
carry out the requirements of this subchapter.
	(b)  The commission shall adopt any rules necessary for the 
administration of the program established under this subchapter.
	Sec. 76.405.  REPORT OF PROGRAM STATUS.  (a) Not later than 
January 1, 2010, the department shall report to an advisory 
committee appointed by the presiding officer of the commission to 
address issues relating to oysters in this state.
	(b)  The report under Subsection (a) must include an overview 
of the administration and status of the program established under 
this subchapter and information concerning the biological, 
sociological, and economic effects of the program.
	(c)  This section expires September 1, 2010.                            
	SECTION 2.  (a) As soon as practicable, the Parks and 
Wildlife Commission shall adopt rules necessary to administer the 
oyster license management program established under Subchapter F, 
Chapter 76, Parks and Wildlife Code, as added by this Act.
	(b)  As soon as practicable after the effective date of this 
Act, the executive director of the Parks and Wildlife Commission
shall adopt procedures for the election of the oyster license 
management review board under Section 76.403, Parks and Wildlife 
Code, as added by this Act. As soon as practicable after the 
adoption of election procedures, but not later than November 1, 
2005, the election of the oyster license management review board 
must be held.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.