Bill Text: TX HB3445 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the oyster license moratorium program and the permanent retirement of certain commercial oyster boat licenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to Culture, Recreation & Tourism [HB3445 Detail]
Download: Texas-2023-HB3445-Introduced.html
88R4334 MP-F | ||
By: Hunter | H.B. No. 3445 |
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relating to the oyster license moratorium program and the permanent | ||
retirement of certain commercial oyster boat licenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 75, Parks and Wildlife Code, is amended | ||
by adding Section 75.01045 to read as follows: | ||
Sec. 75.01045. WAIVER OF PERMIT APPLICATION FEE FOR CERTAIN | ||
FORMER COMMERCIAL OYSTER BOAT LICENSE HOLDERS. The department | ||
shall waive any application fee established under commission rules | ||
for a cultivated oyster mariculture permit if the applicant was the | ||
most recent holder of a commercial oyster boat license that was | ||
transferred to a nongovernmental organization under Section | ||
76.4051. | ||
SECTION 2. Section 76.1031, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 76.1031. LICENSE EXPIRATIONS AND TRANSFERS. (a) | ||
Except as provided by Section 76.4051, a license [ |
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issued under the authority of this chapter is [ |
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is [ |
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is [ |
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1 or another date set by the commission and extends through August | ||
31 of the next year or another date set by the commission. The | ||
commission by rule may set the amount of a license fee for a license | ||
issued during a transition period at an amount lower than | ||
prescribed in this chapter and provide for a license term for a | ||
transition period that is shorter or longer than a year. | ||
(b) A license [ |
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this chapter may not be transferred to another person or vessel | ||
except as provided by this subsection. A license issued under the | ||
authority of Section 76.101(c) may be transferred to another vessel | ||
or [ |
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organization as provided by Section 76.4051. Except as provided by | ||
Subsection (c), the [ |
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requirements necessary to clarify license transfer procedures and | ||
may prescribe, by regulation, forms to be used and fees to be | ||
charged for transfer of licenses in this chapter and for duplicate | ||
license plates or duplicate or replacement licenses. | ||
(c) The commission may not prescribe or collect a fee for | ||
the transfer of a license to a nongovernmental organization under | ||
Section 76.4051. | ||
SECTION 3. Section 76.401, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 76.401. OYSTER LICENSE MORATORIUM PROGRAM. The | ||
department shall implement an oyster license moratorium program to: | ||
(1) promote efficiency and economic stability in the | ||
oyster industry; and | ||
(2) restore oyster reefs and the benefits the reefs | ||
provide to the citizens of this state. | ||
SECTION 4. Section 76.402, Parks and Wildlife Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) The department may not renew a commercial oyster boat | ||
license issued for a vessel that has not been used by the license | ||
holder to take or attempt to take oysters from the public water of | ||
this state during the two years immediately preceding a request to | ||
renew the license. | ||
SECTION 5. Sections 76.405(b) and (c), Parks and Wildlife | ||
Code, are amended to read as follows: | ||
(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 and | ||
any nongovernmental organization that has entered into an agreement | ||
with the department under Section 76.4051 concerning establishment | ||
of the criteria. | ||
(c) The department shall permanently retire each license | ||
purchased under the license buyback program [ |
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SECTION 6. Subchapter F, Chapter 76, Parks and Wildlife | ||
Code, is amended by adding Section 76.4051 to read as follows: | ||
Sec. 76.4051. TRANSFER OF COMMERCIAL OYSTER BOAT LICENSE TO | ||
NONGOVERNMENTAL ORGANIZATION FOR PURPOSE OF RETIRING LICENSE. (a) | ||
The department shall select and cooperate with one or more | ||
nongovernmental organizations for the purpose of permanently | ||
retiring commercial oyster boat licenses transferred under this | ||
section. | ||
(b) The department shall enter into an agreement with each | ||
nongovernmental organization selected under Subsection (a) that: | ||
(1) authorizes the organization to compensate the | ||
holder of a commercial oyster boat license for the voluntary | ||
transfer of the license to the organization under Subsection (c); | ||
(2) requires the organization to hold in perpetuity | ||
each license transferred to the organization under Subsection (c), | ||
regardless of whether the oyster license moratorium remains in | ||
effect; and | ||
(3) prohibits the organization from taking or | ||
attempting to take oysters from the public water of this state under | ||
a license transferred to the organization under Subsection (c). | ||
(c) The holder of a commercial oyster boat license may: | ||
(1) transfer the license to a nongovernmental | ||
organization that has entered into an agreement with the department | ||
under this section; and | ||
(2) receive compensation from the organization for the | ||
transfer of the license under Subdivision (1). | ||
(d) A nongovernmental organization that has entered into an | ||
agreement with the department under this section: | ||
(1) is not required to renew or pay a renewal fee for | ||
any license transferred to the organization under Subsection (c); | ||
and | ||
(2) is not subject to department regulations or | ||
policies applicable to the administration of the department's | ||
buyback program. | ||
SECTION 7. Section 76.405(g), Parks and Wildlife Code, is | ||
repealed. | ||
SECTION 8. This Act takes effect September 1, 2023. |