Bill Text: TX SB1032 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to oyster certificates of location; authorizing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-05-27 - Effective on 9/1/23 [SB1032 Detail]
Download: Texas-2023-SB1032-Enrolled.html
S.B. No. 1032 |
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relating to oyster certificates of location; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 76.001(2), Parks and Wildlife Code, is | ||
amended to read as follows: | ||
(2) "Natural oyster bed" means an area with a | ||
substrate that is predominantly composed of oyster shell or live | ||
oysters [ |
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SECTION 2. Section 76.003, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 76.003. BEDS SUBJECT TO LOCATION. (a) Except as | ||
provided by Subsection (b) and [ |
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an oyster bed or reef, other than a natural oyster bed, is subject | ||
to location by the department. [ |
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(b) The department may subject a natural oyster bed to | ||
location if the department determines that the bed is degraded. In | ||
determining whether a natural oyster bed is degraded, the | ||
department may consider: | ||
(1) the relative abundance of oysters in the area; | ||
(2) the availability of natural cultch material in the | ||
area; | ||
(3) sediment overburden in the area; | ||
(4) the amount of time that the area has been | ||
exhausted, if the area is exhausted; and | ||
(5) any other criteria the department considers | ||
indicative of a degraded oyster bed. | ||
SECTION 3. Section 76.018(b), Parks and Wildlife Code, is | ||
amended to read as follows: | ||
(b) The commission shall determine renewal procedures to | ||
follow at the end of each lease term. The procedures must include: | ||
(1) a determination that the lease renewal will be | ||
based on [ |
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considerations specified in the oyster management plan; | ||
(2) payment of a $200 fee due on renewal of the lease; | ||
(3) a condition that the current leaseholder has the | ||
[ |
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is renewed under this chapter; and | ||
(4) any other conditions for the lease renewal that do | ||
not conflict with this chapter. | ||
SECTION 4. Subchapter A, Chapter 76, Parks and Wildlife | ||
Code, is amended by adding Section 76.022 to read as follows: | ||
Sec. 76.022. CERTIFICATES OF LOCATION FOR RESTORATION | ||
PURPOSES. (a) The commission by rule shall establish a program to | ||
issue certificates of location for the restoration of natural | ||
oyster beds. | ||
(b) Sections 76.006, 76.007, 76.017, 76.018, and 76.019 do | ||
not apply to a program established under this section. | ||
(c) Rules adopted under this section may establish: | ||
(1) fees, application approval requirements, lease | ||
terms, and renewal procedures for leases under this section; | ||
(2) the total area in each bay system for which leases | ||
may be issued under this section; | ||
(3) siting and marking requirements for leases under | ||
this section; and | ||
(4) any other requirement necessary to administer this | ||
section. | ||
(d) In adopting rules under this section, the department | ||
shall coordinate with: | ||
(1) the Department of State Health Services; and | ||
(2) the General Land Office. | ||
SECTION 5. The change in law made by this Act to Section | ||
76.018(b), Parks and Wildlife Code, applies only to a rental lease | ||
under an oyster certificate of location renewed on or after the | ||
effective date of this Act. A rental lease under an oyster | ||
certificate of location renewed before the effective date of this | ||
Act is governed by the law in effect on the date the lease was | ||
renewed, and the former law is continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1032 passed the Senate on | ||
March 21, 2023, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1032 passed the House on | ||
May 12, 2023, by the following vote: Yeas 137, Nays 3, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |