BILL ANALYSIS

Senate Research Center	H.B. 3604
88R20012 MP-D	By: Vasut (Huffman)
	Water, Agriculture & Rural Affairs
	5/17/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In 2019, the legislature passed H.B. 1300 to allow the Texas Parks and Wildlife Commission to develop a cultivated oyster mariculture program in Texas bays. Cultivated oyster mariculture permit holders have raised concerns about restrictions placed on the cleaning of oyster cages by the Texas Commission on Environmental Quality (TCEQ). Specifically, permit holders are concerned about restrictions placed on their permits by the TCEQ that prohibit the cleaning of oyster cages in Texas bays. Instead, permit holders must remove the cages from a bay, take them to shore, clean them on shore, and then return the cages to the bay, which is time-consuming. 

C.S.H.B. 3604 amends the Water Code to require a general permit for aquaculture issued by the Texas Commission on Environmental Quality (TCEQ) to allow the holder of a cultivated oyster mariculture permit to discharge into waters of the state waste related to the cleaning of a structure used to grow oysters for cultivated oyster mariculture. The bill requires a cultivated oyster mariculture permit holder cleaning such a structure to do the following:

� clean the structure at the location where the permit holder is authorized to operate and only with water from that location; and

� in consultation with the Texas Parks and Wildlife Department, comply with all other permit conditions established by TCEQ.

The bill prohibits the permit holder from altering the cleaning water in any way, including with the addition of soap, chemicals, or any other similar substance, prior to use in cleaning.����

H.B. 3604 amends current law relating to the cleaning of a structure used to grow oysters for cultivated oyster mariculture.

[Note: While the statutory reference in this bill is to the Texas Natural Resource Conservation Commission (TNRCC), the following amendments affect the Texas Commission on Environmental Quality, as the successor agency to TNRCC.]

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter B, Chapter 26, Water Code, by adding Section 26.0406, as follows:

Sec. 26.0406. GENERAL PERMITS FOR AQUACULTURE; EXEMPTION FOR CLEANING STRUCTURES USED FOR GROWING OYSTERS. (a) Requires that a general permit for aquaculture issued by the Texas Natural Resource Conservation Commission (TNRCC) to allow the holder of a cultivated oyster mariculture permit under Chapter 75 (Cultivated Oyster Mariculture), Parks and Wildlife Code, to discharge into waters of this state waste related to the cleaning of a structure used to grow oysters for cultivated oyster mariculture in accordance with Subsection (b).

(b) Provides that a cultivated oyster mariculture permit holder cleaning a structure as described by Subsection (a):

(1) is required to clean the structure at the location where the permit holder is authorized to operate and only with water from that location;

(2) prior to use in cleaning, is prohibited from altering the cleaning water in any way, including with the addition of soap, chemicals, or any other similar substance; and

(3) in consultation with the Texas Parks and Wildlife Department, is required to comply with all other permit conditions established by TNRCC.

SECTION 2. Effective date: September 1, 2023.