By: Hunter (Senate Sponsor - Kolkhorst) H.B. No. 1809

(In the Senate - Received from the House April 17, 2023; April 18, 2023, read first time and referred to Committee on Water, Agriculture & Rural Affairs; May 2, 2023, reported favorably by the following vote: Yeas 8, Nays 0; May 2, 2023, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the commercial oyster mariculture advisory board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 75, Parks and Wildlife Code, is amended by adding Section 75.0108 to read as follows:

Sec. 75.0108. COMMERCIAL OYSTER MARICULTURE ADVISORY BOARD. (a) In this section, "advisory board" means the commercial oyster mariculture advisory board established under this section.

(b) The commercial oyster mariculture advisory board is established within the department to advise all state agencies with regulatory authority over the commercial oyster mariculture industry.

(c) The advisory board consists of seven members appointed by the governor as follows:

(1) four members must:

(A) represent the commercial oyster mariculture industry, seafood industry, or related industries; and

(B) have a documented interest in the promotion of entrepreneurship, free enterprise, and the increased use, consumption, marketing, and sale of native oysters in this state; and

(2) three members must:

(A) represent the scientific and conservation community in this state; and

(B) have a documented interest in the sustainability of the natural coastal environment of this state.

(d) At least one advisory board member must be a member of the department's oyster advisory workgroup.

(e) Advisory board members serve staggered five-year terms, with the terms of one or two members expiring February 1 of each year.

(f) If a vacancy occurs on the advisory board, the governor shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.

(g) The governor shall designate an advisory board member described by Subsection (c)(1) to serve as the advisory board's presiding officer for a one-year term. The presiding officer may vote on any matter before the advisory board.

(h) Advisory board members serve without compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing official duties authorized by the office of the governor.

(i) The advisory board shall make recommendations to the governor and all relevant agencies concerning the commercial oyster mariculture industry, including recommendations regarding:

(1) the promotion of the use, consumption, marketing, and sale of maricultured oysters;

(2) the promotion of sustainable commercial oyster mariculture; and

(3) commercial oyster mariculture permits and regulations.

(j) In performing the advisory board's duties under this section, the advisory board may consult with:

(1) industry and academic resources; and

(2) agencies of this state and the United States, including the:

(A) department;

(B) General Land Office;

(C) Department of State Health Services, including the seafood and aquatic life unit;

(D) National Marine Fisheries Service;

(E) United States Army Corps of Engineers; and

(F) United States Coast Guard.

(k) Chapter 2110, Government Code, does not apply to the advisory board.

SECTION 2. Not later than December 31, 2023, the governor shall appoint the initial members of the commercial oyster mariculture advisory board under Section 75.0108, Parks and Wildlife Code, as added by this Act. Notwithstanding Section 75.0108(e), Parks and Wildlife Code, as added by this Act, in making the initial appointments, the governor shall designate one member to a term expiring February 1, 2024, one member to a term expiring February 1, 2025, one member to a term expiring February 1, 2026, two members to terms expiring February 1, 2027, and two members to terms expiring February 1, 2028.

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, 2023.

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