Bill Text: TX HB1809 | 2023-2024 | 88th Legislature | Enrolled

Texas House Bill 1809

Bill Title: Relating to the establishment of the commercial oyster mariculture advisory board.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-05-27 - Effective immediately [HB1809 Detail]

Download: Texas-2023-HB1809-Enrolled.html



	H.B. No. 1809




	AN ACT
	relating to the establishment of the commercial oyster mariculture
	advisory board.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 75, Parks and Wildlife Code, is amended
	by adding Section 75.0108 to read as follows:
	Sec. 75.0108. COMMERCIAL OYSTER MARICULTURE ADVISORY
	BOARD. (a) In this section, "advisory board" means the commercial
	oyster mariculture advisory board established under this section.
	(b) The commercial oyster mariculture advisory board is
	established within the department to advise all state agencies with
	regulatory authority over the commercial oyster mariculture
	industry.
	(c) The advisory board consists of seven members appointed
	by the governor as follows:
	(1) four members must:
	(A) represent the commercial oyster mariculture
	industry, seafood industry, or related industries; and
	(B) have a documented interest in the promotion
	of entrepreneurship, free enterprise, and the increased use,
	consumption, marketing, and sale of native oysters in this state;
	and
	(2) three members must:
	(A) represent the scientific and conservation
	community in this state; and
	(B) have a documented interest in the
	sustainability of the natural coastal environment of this state.
	(d) At least one advisory board member must be a member of
	the department's oyster advisory workgroup.
	(e) Advisory board members serve staggered five-year terms,
	with the terms of one or two members expiring February 1 of each
	year.
	(f) If a vacancy occurs on the advisory board, the governor
	shall appoint a replacement who meets the qualifications for the
	vacant position to serve for the remainder of the term.
	(g) The governor shall designate an advisory board member
	described by Subsection (c)(1) to serve as the advisory board's
	presiding officer for a one-year term. The presiding officer may
	vote on any matter before the advisory board.
	(h) Advisory board members serve without compensation but
	are entitled to reimbursement for actual and necessary expenses
	incurred in performing official duties authorized by the office of
	the governor.
	(i) The advisory board shall make recommendations to the
	governor and all relevant agencies concerning the commercial oyster
	mariculture industry, including recommendations regarding:
	(1) the promotion of the use, consumption, marketing,
	and sale of maricultured oysters;
	(2) the promotion of sustainable commercial oyster
	mariculture; and
	(3) commercial oyster mariculture permits and
	regulations.
	(j) In performing the advisory board's duties under this
	section, the advisory board may consult with:
	(1) industry and academic resources; and
	(2) agencies of this state and the United States,
	including the:
	(A) department;
	(B) General Land Office;
	(C) Department of State Health Services,
	including the seafood and aquatic life unit;
	(D) National Marine Fisheries Service;
	(E) United States Army Corps of Engineers; and
	(F) United States Coast Guard.
	(k) Chapter 2110, Government Code, does not apply to the
	advisory board.
	SECTION 2. Not later than December 31, 2023, the governor
	shall appoint the initial members of the commercial oyster
	mariculture advisory board under Section 75.0108, Parks and
	Wildlife Code, as added by this Act. Notwithstanding Section
	75.0108(e), Parks and Wildlife Code, as added by this Act, in making
	the initial appointments, the governor shall designate one member
	to a term expiring February 1, 2024, one member to a term expiring
	February 1, 2025, one member to a term expiring February 1, 2026,
	two members to terms expiring February 1, 2027, and two members to
	terms expiring February 1, 2028.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2023.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 1809 was passed by the House on April
	14, 2023, by the following vote: Yeas 121, Nays 22, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 1809 was passed by the Senate on May
	12, 2023, by the following vote: Yeas 27, Nays 3.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor