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A BILL TO BE ENTITLED
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AN ACT
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relating to oyster certificates of location and the closure of |
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oyster beds; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 76.001(2), Parks and Wildlife Code, is |
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amended to read as follows: |
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(2) "Natural oyster bed" means an area with a |
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substrate that is predominantly composed of oyster shell or live |
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oysters [where at least five barrels of oysters are found within |
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2,500 square feet of any position on a reef or bed]. |
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SECTION 2. Section 76.003, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 76.003. BEDS SUBJECT TO LOCATION. (a) Except as |
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provided by Subsection (b) and [in] Section 76.004 [of this code], |
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an oyster bed or reef, other than a natural oyster bed, is subject |
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to location by the department. [This section does not apply to a |
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bed or reef that has been exhausted within an eight-year period.] |
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(b) The department may subject a natural oyster bed to |
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location if the department determines that the bed is degraded. In |
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determining whether a natural oyster bed is degraded, the |
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department may consider: |
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(1) the relative abundance of oysters in the area; |
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(2) the availability of natural cultch material in the |
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area; |
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(3) sediment overburden in the area; |
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(4) the amount of time that the area has been |
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exhausted, if the area is exhausted; and |
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(5) any other criteria the department considers |
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indicative of a degraded oyster bed. |
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SECTION 3. Section 76.018(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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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) payment of a $200 fee due on renewal of the lease; |
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(3) a condition that the current leaseholder will be |
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offered a first right of refusal if the lease is renewed under this |
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chapter; and |
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(4) any other conditions for the lease renewal that do |
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not conflict with this chapter. |
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SECTION 4. Subchapter A, Chapter 76, Parks and Wildlife |
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Code, is amended by adding Section 76.022 to read as follows: |
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Sec. 76.022. CERTIFICATES OF LOCATION FOR RESTORATION |
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PURPOSES. (a) The commission by rule shall establish a program to |
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issue certificates of location for the restoration of natural |
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oyster beds. |
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(b) Sections 76.006, 76.007, 76.017, 76.018, and 76.019 do |
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not apply to a program established under this section. |
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(c) Rules adopted under this section may establish: |
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(1) fees, application approval requirements, lease |
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terms, and renewal procedures for leases under this section; |
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(2) the total area in each bay system for which leases |
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may be issued under this section; |
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(3) siting and marking requirements for leases under |
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this section; and |
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(4) any other requirement necessary to administer this |
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section. |
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(d) In adopting rules under this section, the department |
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shall coordinate with: |
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(1) the Department of State Health Services; and |
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(2) the General Land Office. |
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SECTION 5. Section 76.115(c), Parks and Wildlife Code, is |
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amended to read as follows: |
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(c) Before closing any area, the commission shall announce |
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the closure in a press release published on the department's |
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Internet website and social media accounts associated with the |
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department [publish notice in a daily newspaper of general |
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circulation in the area to be closed]. The announcement [notice] |
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shall be published at least three days before the effective date of |
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the closing. |
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SECTION 6. The change in law made by this Act to Section |
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76.018(b), Parks and Wildlife Code, applies only to a rental lease |
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under an oyster certificate of location renewed on or after the |
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effective date of this Act. A rental lease under an oyster |
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certificate of location renewed before the effective date of this |
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Act is governed by the law in effect on the date the lease was |
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renewed, and the former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2023. |