Bill Text: TX HB1189 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the management of commercial oyster boats in this state; amending a provision subject to a criminal penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-11 - Returned to Calendars Committee [HB1189 Detail]
Download: Texas-2015-HB1189-Introduced.html
Bill Title: Relating to the management of commercial oyster boats in this state; amending a provision subject to a criminal penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-11 - Returned to Calendars Committee [HB1189 Detail]
Download: Texas-2015-HB1189-Introduced.html
| 84R4997 SGA-F | ||
| By: Guillen | H.B. No. 1189 | |
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| relating to the management of commercial oyster boat licenses | ||
| issued in this state. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter F, Chapter 76, Parks and Wildlife | ||
| Code, is amended by adding Sections 76.405, 76.406, and 76.407 to | ||
| read as follows: | ||
| Sec. 76.405. LICENSE BUYBACK PROGRAM. (a) The department | ||
| shall implement a license buyback program for licenses issued under | ||
| this subchapter as part of the oyster license moratorium program | ||
| established by this subchapter. | ||
| (b) The commission by rule shall establish criteria, using | ||
| reasonable classifications, for the department's use in selecting | ||
| licenses to be purchased. The department or executive director | ||
| shall consult with the oyster license moratorium review board | ||
| concerning establishment of the criteria. | ||
| (c) The department shall retire each license purchased | ||
| under the license buyback program until the commission finds that | ||
| management of the oyster fishery allows reissue of those licenses | ||
| through auction or lottery. | ||
| (d) The department shall set aside an amount determined by | ||
| commission rule that is at least 20 percent of the fees from | ||
| licenses issued under this subchapter to be used only for the | ||
| purpose of buying back commercial oyster boat licenses from willing | ||
| license holders. That money shall be sent to the comptroller for | ||
| deposit to the credit of the game, fish, and water safety account. | ||
| (e) The department may solicit and accept grants and | ||
| donations of money or materials from private or public sources for | ||
| the purpose of buying back licenses issued under this subchapter | ||
| from willing license holders. | ||
| (f) Money to be used for the purpose of buying back licenses | ||
| issued under this subchapter is not subject to Section 403.095, | ||
| Government Code. | ||
| (g) The commission shall consider the social and economic | ||
| viability of the oyster industry and input from the oyster license | ||
| moratorium review board regarding the reissue of commercial oyster | ||
| boat licenses through auction or lottery. | ||
| Sec. 76.406. PREVAILING AUTHORITY. A proclamation of the | ||
| commission under this subchapter prevails over any conflicting | ||
| provision of this chapter to the extent of the conflict. | ||
| Sec. 76.407. REPORT TO LEGISLATURE. (a) Not later than | ||
| November 1, 2018, the department shall report to the governor and | ||
| each member of the legislature an overview of the administration | ||
| and status of the oyster license buyback program, including the | ||
| biological, sociological, and economic effects of the program. | ||
| (b) This section expires September 1, 2019. | ||
| SECTION 2. The Parks and Wildlife Commission shall adopt | ||
| any rules required to implement this Act not later than June 1, | ||
| 2016. | ||
| SECTION 3. This Act takes effect June 1, 2016. | ||
