By: Hunter (Senate Sponsor - Kolkhorst) H.B. No. 1809
         (In the Senate - Received from the House April 17, 2023;
  April 18, 2023, read first time and referred to Committee on Water,
  Agriculture & Rural Affairs; May 2, 2023, reported favorably by the
  following vote:  Yeas 8, Nays 0; May 2, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
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.
 
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