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. |