Bill Text: TX HB3335 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the regulation of oyster resources.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-07 - Left pending in committee [HB3335 Detail]
Download: Texas-2015-HB3335-Introduced.html
84R6266 SLB-F | ||
By: Deshotel | H.B. No. 3335 |
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relating to the regulation of oyster resources. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 76.001, Parks and Wildlife Code, is | ||
amended by adding Subdivisions (1-a), (1-b), (1-c), (2-a), (4), and | ||
(5) and amending Subdivision (2) to read as follows: | ||
(1-a) "Cultivated oyster bed" means an oyster bed that | ||
is planted by a person for the purpose of oyster resources | ||
management, including the growing, transplanting, or harvesting of | ||
oysters. | ||
(1-b) "Location by the department" means the issuance | ||
by the department of a certificate that authorizes a locator to | ||
plant or cultivate an oyster bed on state-owned submerged land. | ||
(1-c) "Locator" means a person who holds a certificate | ||
of location issued by the department under Section 76.012. | ||
(2) "Natural oyster bed" means an area that is not a | ||
cultivated oyster bed where at least five barrels of oysters are | ||
found within 2,500 square feet of any position on a reef or bed. | ||
(2-a) "Non-state-owned submerged land" means submerged | ||
land that has been conveyed to another person and to which the state | ||
does not hold title, including land described by Sections 76.004(a) | ||
and 76.022. | ||
(4) "Private oyster bed" means an oyster bed that is: | ||
(A) located on land that is non-state-owned | ||
submerged land; | ||
(B) located on state-owned submerged land leased | ||
by a locator; or | ||
(C) a cultivated oyster bed, including a | ||
cultivated oyster bed on land subject to riparian rights under | ||
Section 76.004(b) or (c). | ||
(5) "State-owned submerged land" has the meaning | ||
assigned by Section 11.0131(a), Natural Resources Code. The term | ||
does not include non-state-owned submerged land. | ||
SECTION 2. Section 76.002, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 76.002. [ |
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BEDS. [ |
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beds are public. | ||
[ |
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SECTION 3. Section 76.003, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 76.003. BEDS SUBJECT TO LOCATION BY DEPARTMENT. (a) | ||
Except as otherwise provided by this section [ |
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is subject to location by the department. This section does not | ||
apply to a bed or reef that has been exhausted within an eight-year | ||
period. | ||
(b) An oyster bed or reef that is located on non-state-owned | ||
submerged land or on submerged land that is subject to the rights of | ||
a riparian owner under Section 76.004, is not subject to location by | ||
the department. | ||
SECTION 4. Section 76.004, Parks and Wildlife Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) A person who is a riparian owner with exclusive rights | ||
with respect to the use of a creek, bayou, lake, or cove under | ||
Subsection (a) or (b) is protected against trespass in the same | ||
manner as a freeholder. This subsection applies only as long as the | ||
owner clearly and distinctly marks the boundaries of the private | ||
oyster bed with buoys or other permanent markers easily visible | ||
above the surface of the water and maintains those markers in their | ||
correct positions. | ||
SECTION 5. The heading to Section 76.006, Parks and | ||
Wildlife Code, is amended to read as follows: | ||
Sec. 76.006. APPLICATION FOR LOCATION BY THE DEPARTMENT; | ||
FEE. | ||
SECTION 6. Section 76.006(a), Parks and Wildlife Code, is | ||
amended to read as follows: | ||
(a) An individual who is a [ |
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States and a resident of this state or a domestic entity as that | ||
term is defined by the Business Organizations Code [ |
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a certificate authorizing the applicant to [ |
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a private oyster bed in the public water of the state. | ||
SECTION 7. Section 76.009(b), Parks and Wildlife Code, is | ||
amended to read as follows: | ||
(b) If the location is subject to certification, the | ||
applicant [ |
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location surveyed by a competent surveyor. | ||
SECTION 8. Section 76.015, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 76.015. RIGHTS OF LOCATOR. (a) A person who is the | ||
[ |
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Section 76.012 [ |
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possession of the location described by the certificate against | ||
trespass in the same manner as are freeholders. | ||
(b) This section applies only as long as the stakes or pipes | ||
and buoys required by this chapter are maintained in the [ |
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correct positions, easily visible above the surface of the water to | ||
mark the boundaries of the location as described by the certificate | ||
issued by the department under Section 76.012 [ |
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SECTION 9. Sections 76.017(a) and (c), Parks and Wildlife | ||
Code, are amended to read as follows: | ||
(a) A locator [ |
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shall pay to the department the greater of $6 per acre of location | ||
per year or an amount set by the commission to rent the location | ||
under the certificate. [ |
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(c) A locator [ |
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department a late penalty fee equal to 10 percent of the amount due | ||
for any rental, transfer, sale, or renewal fee that is not paid when | ||
due. | ||
SECTION 10. Section 76.018(b), Parks and Wildlife Code, is | ||
amended to read as follows: | ||
(b) The commission shall determine renewal procedures to | ||
follow at the end of each lease term. The procedures must include: | ||
(1) a determination that the lease renewal will be | ||
based on: | ||
(A) the need for depuration of polluted oysters; | ||
(B) consideration of whether the effect of the | ||
cultivated oyster bed on the habitat and ecosystem is beneficial; | ||
and | ||
(C) other considerations specified in the oyster | ||
management plan; | ||
(2) payment of a $200 fee due on renewal of the lease; | ||
(3) a condition that the current leaseholder will be | ||
offered a first right of refusal if the lease is renewed under this | ||
chapter; and | ||
(4) any other conditions for the lease renewal that do | ||
not conflict with this chapter. | ||
SECTION 11. Sections 76.021(a) and (f), Parks and Wildlife | ||
Code, are amended to read as follows: | ||
(a) The oyster shell recovery and replacement program | ||
account is a separate interest-bearing account in the game, fish, | ||
and water safety account. The account consists of money deposited | ||
to the account under this section. The account is exempt from the | ||
application of Section 403.095, Government Code. | ||
(f) The department shall consult with members of the oyster | ||
industry regarding the cultivation and management of oysters and | ||
oyster beds in this state. | ||
SECTION 12. Subchapter A, Chapter 76, Parks and Wildlife | ||
Code, is amended by adding Sections 76.022 and 76.023 to read as | ||
follows: | ||
Sec. 76.022. NAVIGATION DISTRICT LEASES FOR CREATION OF | ||
PRIVATE OYSTER BEDS. (a) In this section: | ||
(1) "District-owned submerged land" means submerged | ||
land or flats conveyed to a navigation district, including by a | ||
conveyance under Article 8225, Revised Statutes. | ||
(2) "Navigation district" has the meaning assigned to | ||
"district" by Section 60.001(1), Water Code. | ||
(b) A navigation district may lease district-owned | ||
submerged land for the creation of cultivated oyster beds and for | ||
the protection of natural oyster beds. | ||
(c) The holder of a lease of submerged land under this | ||
section is protected against trespass in the same manner as a | ||
freeholder. This subsection applies only as long the lease holder | ||
clearly and distinctly marks the boundaries of the private oyster | ||
bed with buoys or other permanent markers easily visible above the | ||
surface of the water and maintains those markers in their correct | ||
positions. | ||
(d) The holder of a lease under this section must obtain a | ||
permit under Subchapter B. | ||
(e) Not later than the 30th day after the date a lease under | ||
this section is executed, the lease holder must provide the | ||
department with notice of the lease. | ||
Sec. 76.023. NON-STATE-OWNED SUBMERGED LAND. (a) The | ||
commission shall adopt rules to: | ||
(1) promote the use of non-state-owned submerged land | ||
for oyster resource management; and | ||
(2) in accordance with Nationwide Permit 48 issued by | ||
the United States Army Corps of Engineers or a substantially | ||
similar federal requirement, allow the discharge of dredged or fill | ||
material, the placement of structures, and any activities necessary | ||
for commercial shellfish aquaculture operations in authorized | ||
project areas, including restricted areas closed by the Department | ||
of State Health Services. | ||
(b) The department may not collect a land lease fee for | ||
non-state-owned submerged land. | ||
(c) The department may set fees for the administration of | ||
this section in an amount not to exceed the administrative costs | ||
directly associated with administering this section. The | ||
department may reduce the amount of a fee to account for the habitat | ||
and ecosystem benefits provided by cultivated oyster beds on | ||
non-state-owned submerged land. | ||
SECTION 13. Sections 76.031(b) and (c), Parks and Wildlife | ||
Code, are amended to read as follows: | ||
(b) Only an individual [ |
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the United States and a resident [ |
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[ |
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Organizations Code [ |
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apply for a permit. | ||
(c) The application must: | ||
(1) state the purpose for taking oysters; and | ||
(2) specify: | ||
(A) [ |
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from specified [ |
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(B) the start and end dates for the taking and | ||
transplanting of oysters; | ||
(C) the areas from which the oysters will be | ||
taken; and | ||
(D) the area where the oysters will be deposited | ||
as described: | ||
(i) by a certificate of location issued | ||
under Section 76.012; or | ||
(ii) in writing by a person who owns or | ||
leases a private oyster bed. | ||
SECTION 14. Section 76.032, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 76.032. DISCRETION TO ISSUE PERMIT. The department | ||
may issue or refuse to issue a permit to any applicant. If the | ||
department refuses to issue a permit, the department must show good | ||
cause for the refusal in a written order that demonstrates using | ||
sound biological data that the issuance of the permit would cause | ||
harm to human health, the environment, or natural resources. | ||
SECTION 15. Section 76.033(b), Parks and Wildlife Code, is | ||
amended to read as follows: | ||
(b) The department shall: | ||
(1) mark off the exact area of beds or reefs from which | ||
oysters may be taken; | ||
(2) designate the bottoms on which oysters may be | ||
deposited if they are taken to be prepared for market; | ||
(3) require the permittee to cull the oysters on the | ||
grounds from which [ |
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(4) specify what implements may be used in taking | ||
oysters from oyster beds that are not private oyster beds. | ||
SECTION 16. Section 76.035, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 76.035. OYSTERS PROPERTY OF PERMITTEE. All oysters | ||
taken, [ |
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of an oyster permit under the terms of a permit are the personal | ||
property of the permit holder. | ||
SECTION 17. Section 76.037, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 76.037. THEFT OF OYSTERS FROM PRIVATE BED. No person | ||
may [ |
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bed [ |
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from an oyster bed [ |
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of preparing oysters for market without the consent of the owner of | ||
the oysters who lawfully deposited them. | ||
SECTION 18. Section 76.039, Parks and Wildlife Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) Subsection (a) applies only to the gathering of oysters | ||
from an area declared prohibited under Section 436.091, Health and | ||
Safety Code. | ||
SECTION 19. Section 76.116(b), Parks and Wildlife Code, is | ||
amended to read as follows: | ||
(b) The department may authorize by permit the | ||
transplanting of oysters from restricted areas or other areas | ||
designated by the department to private oyster beds [ |
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SECTION 20. Section 76.301, Parks and Wildlife Code, is | ||
amended by amending Subsections (a) and (d) and adding Subsection | ||
(h) to read as follows: | ||
(a) Except as provided by Subsection (h), the [ |
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commission by proclamation may regulate the taking, possession, | ||
purchase, and sale of oysters. A proclamation issued under this | ||
section must contain findings by the commission that support the | ||
need for the proclamation. | ||
(d) Except as provided by Subsection (h), a [ |
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of the commission under this section prevails over: | ||
(1) any conflicting provision of Subchapter A, B, or C | ||
of this chapter to the extent of the conflict; and | ||
(2) a proclamation of the commission issued under the | ||
Wildlife Conservation Act of 1983 (Chapter 61 of this code). | ||
(h) The commission may not make a proclamation regulating | ||
the taking from or possession, purchase, or sale of oysters taken | ||
from non-state-owned submerged land that conflicts with Subchapter | ||
A, B, or C. | ||
SECTION 21. (a) The change in law made by this Act applies | ||
only to an offense committed on or after the effective date of this | ||
Act. An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
(b) Section 76.022, Parks and Wildlife Code, as added by | ||
this Act, applies to a lease for district-owned submerged land for | ||
the creation of cultivated oyster beds or for the protection of | ||
natural oyster beds, regardless of when the lease was executed. | ||
SECTION 22. 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, 2015. |