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A BILL TO BE ENTITLED
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AN ACT
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relating to the terms and renewal of oyster certificates of |
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location. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 76.018(a) and (b), Parks and Wildlife |
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Code, are amended to read as follows: |
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(a) The term of a rental lease for a location under this |
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subchapter is five [15] years or a term set by the commission. |
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(b) The commission shall determine renewal procedures to |
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follow at the end of each lease term. The procedures must include: |
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(1) a determination that the lease renewal will be |
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based on the need for depuration of polluted oysters and other |
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considerations specified in the oyster management plan; |
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(2) an auction procedure to determine the fair market |
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value of the area under location that is up for renewal; |
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(3) payment of a $200 fee due on renewal of the lease; |
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(4) [(3)] a condition that the current leaseholder |
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will be offered a first right of refusal at the fair market value |
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determined by the auction procedure required by Subdivision (2) if |
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the lease is renewed under this chapter; and |
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(5) [(4)] any other conditions for the lease renewal |
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that do not conflict with this chapter. |
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SECTION 2. The changes in law made by this Act to Section |
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76.018, Parks and Wildlife Code, apply only to the rental lease for |
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an oyster certificate of location renewed on or after the effective |
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date of this Act. A rental lease for an oyster certificate of |
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location renewed before the effective date of this Act is governed |
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by the law in effect on the date the lease was renewed, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |