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A BILL TO BE ENTITLED
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AN ACT
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relating to the management of commercial oyster boat licenses |
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issued in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 76, Parks and Wildlife |
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Code, is amended by adding Sections 76.405, 76.406, and 76.407 to |
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read as follows: |
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Sec. 76.405. LICENSE BUYBACK PROGRAM. (a) The department |
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shall implement a license buyback program for licenses issued under |
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this subchapter as part of the oyster license moratorium program |
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established by this subchapter. |
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(b) The commission by rule shall establish criteria, using |
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reasonable classifications, for the department's use in selecting |
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licenses to be purchased. The department or executive director |
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shall consult with the oyster license moratorium review board |
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concerning establishment of the criteria. |
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(c) The department shall retire each license purchased |
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under the license buyback program until the commission finds that |
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management of the oyster fishery allows reissue of those licenses |
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through auction or lottery. |
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(d) The department shall set aside an amount determined by |
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commission rule that is at least 20 percent of the fees from |
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licenses issued under this subchapter to be used only for the |
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purpose of buying back commercial oyster boat licenses from willing |
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license holders. That money shall be sent to the comptroller for |
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deposit to the credit of the game, fish, and water safety account. |
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(e) The department may solicit and accept grants and |
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donations of money or materials from private or public sources for |
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the purpose of buying back licenses issued under this subchapter |
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from willing license holders. |
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(f) Money to be used for the purpose of buying back licenses |
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issued under this subchapter is not subject to Section 403.095, |
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Government Code. |
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(g) The commission shall consider the social and economic |
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viability of the oyster industry and input from the oyster license |
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moratorium review board regarding the reissue of commercial oyster |
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boat licenses through auction or lottery. |
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Sec. 76.406. PREVAILING AUTHORITY. A proclamation of the |
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commission under this subchapter prevails over any conflicting |
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provision of this chapter to the extent of the conflict. |
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Sec. 76.407. REPORT TO LEGISLATURE. (a) Not later than |
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November 1, 2018, the department shall report to the governor and |
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each member of the legislature an overview of the administration |
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and status of the oyster license buyback program, including the |
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biological, sociological, and economic effects of the program. |
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(b) This section expires September 1, 2019. |
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SECTION 2. The Parks and Wildlife Commission shall adopt |
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any rules required to implement this Act not later than June 1, |
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2016. |
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SECTION 3. This Act takes effect June 1, 2016. |