reglab/housing_qa huggingface dataset:
TX Pks & Wildlife Code § 76.104 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter C. Oyster Licenses|Section 76.104. License Fees

Sec. 76.104.  LICENSE FEES.  (a)  Except as provided by Subsection (e) of this section, the fee for a commercial oyster boat license is $350 or an amount set by the commission, whichever amount is more.(b)  Except as provided by Subsection (f) of this section, the fee for a sport oyster boat license is $10 or an amount set by the commission, whichever amount is more.(c)  Except as provided by Subsection (g) of this section, the fee for a commercial oyster fisherman's license is $100 or an amount set by the commission, whichever amount is more.  The definition for "resident" for this subsection is the same as the resident definition in Section 47.001 of this code.(d)  Except as provided by Subsection (h) of this section, the fee for a commercial oyster boat captain's license is $25 or an amount set by the commission, whichever amount is more.  The definition for "resident" for this subsection is the same as the resident definition in Section 47.001 of this code.(e)  The fee for a commercial oyster boat license for a boat that is not numbered under Chapter 31 of this code or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner or other criteria established by the commission is $1,400 or an amount set by the commission, whichever amount is more.(f)  The fee for a sport oyster boat license for a boat that is not numbered under Chapter 31 of this code or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner or other criteria established by the commission is $40 or an amount set by the commission, whichever amount is more.(g)  The fee for a nonresident commercial oyster fisherman's license is $250 or an amount set by the commission, whichever amount is more.  The definition for "nonresident" for this subsection is the same as the nonresident definition in Section 47.001 of this code.(h)  The fee for a nonresident commercial oyster boat captain's license is $100 or an amount set by the commission, whichever amount is more.  The definition for "nonresident" for this subsection is the same as the nonresident definition in Section 47.001 of this code.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 1338, ch. 277, Sec. 47, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 67, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 621, Sec. 4, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 255, Sec. 5, eff. July 31, 1989;  Acts 1993, 73rd Leg., ch. 365, Sec. 20, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 71, eff. June 16, 1995.|
TX Pks & Wildlife Code § 76.1041 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter C. Oyster Licenses|Section 76.1041. License Display and Design

Sec. 76.1041.  LICENSE DISPLAY AND DESIGN.  (a)  A commercial oyster boat license issued under this subchapter must be prominently displayed on the bow, outside the wheelhouse, or at another point outside the boat designated by the department, and on each side of the boat, evidencing payment of the license.(b)  A commercial oyster boat license issued under this subchapter must be a metal or plastic sign or emblem of sufficient size to allow enforcement of this chapter and have a different color or design for each license period.|Added by Acts 1989, 71st Leg., ch. 255, Sec. 6, eff. July 31, 1989.  Amended by Acts 1993, 73rd Leg., ch. 365, Sec. 21, eff. Sept. 1, 1993.|
TX Pks & Wildlife Code § 76.107 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter C. Oyster Licenses|Section 76.107. Sale of Sport Oysters Prohibited

Sec. 76.107.  SALE OF SPORT OYSTERS PROHIBITED.  No person may sell oysters taken under the authority of a sport oyster boat license.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1989, 71st Leg., ch. 255, Sec. 8, eff. July 31, 1989;  Acts 1993, 73rd Leg., ch. 365, Sec. 23, eff. Sept. 1, 1993.|
TX Pks & Wildlife Code § 76.109 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter C. Oyster Licenses|Section 76.109. Night Dredging Prohibited

Sec. 76.109.  NIGHT DREDGING PROHIBITED.  During the open season, no person may take oysters from public water during the period between sunset and sunrise.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 76.112 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter C. Oyster Licenses|Section 76.112. Oyster Size Limits

Sec. 76.112.  OYSTER SIZE LIMITS.  (a)  Repealed by Acts 1997, 75th Leg., ch. 1256, Sec. 130, eff. Sept. 1, 1997.(b)  A cargo of undersized oysters shall be determined by taking at random five percent of the total cargo of oysters as a sample, of which not more than five percent may measure less than three inches along an imaginary straight line through the long axis of the shell.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 130, eff. Sept. 1, 1997.|
TX Pks & Wildlife Code § 76.114 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter C. Oyster Licenses|Section 76.114. Exception to Size and Retention Limits

Sec. 76.114.  EXCEPTION TO SIZE AND RETENTION LIMITS.  (a)  The commission by permit may allow the use of one or more dredges of any size and cargoes in excess of 50 barrels in transplanting to or harvesting from private leases.(b)  The commission by permit may allow the taking and retention of cargoes having oysters between three-fourths inch and three inches in a greater percentage than five percent.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 76.115 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter C. Oyster Licenses|Section 76.115. Closing Areas

Sec. 76.115.  CLOSING AREAS.  (a)  The commission may close an area to the taking of oysters when the commission finds that the area is being overworked or damaged or the area is to be reseeded or restocked.(b)  The commission may open closed areas when appropriate.(c)  Before closing any area, the commission shall publish notice in a daily newspaper of general circulation in the area to be closed.  The notice shall be published at least three days before the effective date of the closing.(d)  Areas closed under this section must reopen by the beginning of the next public oyster season unless sound biological data indicates that the need for closure still exists.(e)  The commission by rule may establish procedures and criteria for closing areas under Subsection (a).(f)  The commission may delegate to the executive director the duties and responsibilities under this section.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1975, 64th Leg., p. 1220, ch. 456, Sec. 18, eff. Sept. 1, 1975.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1331 (S.B. 932), Sec. 3, eff. September 1, 2011.|
TX Pks & Wildlife Code § 76.116 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter C. Oyster Licenses|Section 76.116. Oysters From Restricted Areas

Sec. 76.116.  OYSTERS FROM RESTRICTED AREAS.  (a)  There is no open season for taking oysters from areas closed by the Department of State Health Services.(b)  The department may authorize by permit the transplanting of oysters from restricted areas or other areas designated by the department to private oyster leases.(c)  A person removing oysters from a restricted area or other area designated by the department without a permit shall replace the oysters in the beds from which they were taken as directed by authorized employees of the department.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1989, 71st Leg., ch. 255, Sec. 10, eff. July 31, 1989;  Acts 1997, 75th Leg., ch. 1256, Sec. 115, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 241 (S.B. 2379), Sec. 2, eff. September 1, 2009.|
TX Pks & Wildlife Code § 76.117 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter C. Oyster Licenses|Section 76.117. Obedience to Orders

Sec. 76.117.  OBEDIENCE TO ORDERS.  No person may fail or refuse to obey a lawful order of a commissioned game warden of the department issued under the authority of this chapter.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 78 (H.B. 1346), Sec. 5, eff. May 19, 2011.|
TX Pks & Wildlife Code § 76.1181 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter C. Oyster Licenses|Section 76.1181. Suspension of License

Sec. 76.1181.  SUSPENSION OF LICENSE.  (a)  For purposes of this section, "final conviction" includes a plea of guilty or nolo contendere to or the imposition of deferred adjudication for an offense.(b)  On final conviction for an offense punishable under Section 76.118(e-3) or (e-4), the commercial oyster boat license of the boat used in the commission of the violation is suspended for 30 days.(c)  On final conviction for an offense punishable under Section 76.118(e-3) or (e-4), the commercial oyster boat captain's license of the captain of the boat used in the commission of the violation is suspended for 30 days.  During the period of suspension, the holder of the suspended license may not purchase a general commercial fisherman's license or a commercial oyster fisherman's license.(d)  On final conviction for an offense punishable under Section 76.118(e-3) or (e-4), the general commercial fisherman's license of a member of the crew of a boat on which the violation was committed is suspended for 30 days.  During the suspension period, the holder of the suspended license may not purchase a commercial oyster boat captain's license or a commercial oyster fisherman's license.(d-1)  On final conviction for an offense punishable under Section 76.118(e-3) or (e-4), the commercial oyster fisherman's license of the person who takes or attempts to take oysters without the use of a boat is suspended for 30 days.(e)  On final conviction for the third offense within five years of the commission of an offense punishable under Section 76.118, for a violation of a provision or regulation relating to oyster size in which the conviction was for possession of a cargo of oysters in which 30 percent or more of the oysters measured less than three inches in length along an imaginary straight line through the long axis of the shell, any license issued by the department to a person that purchases oysters is suspended for 30 days.  During the suspension period, the holder of the suspended license may not purchase a license issued by the department allowing the taking or purchase of oysters. (f)  A suspension period described by this section must be served during the public oyster season in which the violation occurred, unless less than 30 days remain in the public oyster season, in which case the suspension must be served at the beginning of the next public oyster season.|Added by Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 4, eff. September 1, 2017.|
TX Pks & Wildlife Code § 76.119 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter C. Oyster Licenses|Section 76.119. Responsibility for Violation

Sec. 76.119.  RESPONSIBILITY FOR VIOLATION.  (a)  If a vessel licensed as a commercial oyster boat is involved in a violation of this chapter, the captain of the vessel licensed as a commercial oyster boat is primarily responsible for the violation.  A member of the crew of a vessel licensed as a commercial oyster boat is not guilty of a violation unless the member of the crew committed the violation against the captain's orders, except for a violation of Section 76.109, 76.112, or 76.116, in which case each person on the vessel is responsible for the violation.(b)  The owner of a vessel licensed as a commercial oyster boat involved in a violation of this chapter is not guilty of the violation unless the owner knowingly directed, authorized, permitted, agreed to, aided, or acquiesced in the violation.(c)  The captain of a vessel licensed as a commercial oyster boat shall identify the name of the captain, the vessel, and each member of the crew to each purchaser of oysters.(d)  A person who purchases oysters under Section 47.0091, who holds a shellfish certificate as defined by Section 436.002, Health and Safety Code, and who purchases oysters from a captain of a vessel licensed as a commercial oyster boat, the holder of a commercial oyster boat license, or a member of the crew of a commercial oyster boat in violation of Section 76.109 or 76.112 or this section may not possess the oysters and is subject to any penalty prescribed by law.|Added by Acts 1989, 71st Leg., ch. 255, Sec. 12, eff. July 31, 1989.Amended by: Acts 2009, 81st Leg., R.S., Ch. 241 (S.B. 2379), Sec. 4, eff. September 1, 2009.Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 5, eff. September 1, 2017.|
TX Pks & Wildlife Code § 76.301 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter E. Oyster Regulations|Section 76.301. Regulation of Taking, Possession, Purchase, and Sale of Oysters

Sec. 76.301.  REGULATION OF TAKING, POSSESSION, PURCHASE, AND SALE OF OYSTERS.  (a)  The 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.(b)  In determining the need for a proclamation under Subsection (a) of this section, the commission shall consider:(1)  measures to prevent the depletion of oyster beds while achieving, on a continuing basis, the optimum yield for the oystering industry;(2)  measures based on the best scientific information available;(3)  measures to manage oysters;(4)  measures, where practicable, that will promote efficiency in utilizing oyster resources, except that economic allocation may not be the sole purpose of the measures;(5)  measures, where practicable, that will minimize cost and avoid unnecessary duplication in their administration;  and(6)  measures which will enhance enforcement.(c)  A proclamation issued under Subsection (a) of this section may limit the quantity and size of oysters that may be taken, possessed, sold, or purchased and may prescribe the times, places, conditions, and means and manner of taking oysters. (d)  A proclamation 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).(e)  A proclamation of the commission under this section does not prevail over any order, rule, or regulation adopted by the Commissioner of Health under Subchapter D of this chapter.(f)  A person who violates a proclamation issued under this subchapter commits an offense that is a Parks and Wildlife Code Class C misdemeanor. (g)  The commission shall make no proclamation under this chapter until it has approved and adopted an oyster management plan and economic impact analysis prepared by the department as provided in Section 76.302 of this code and unless such proclamation is shown to be consistent with the approved oyster management plan.(h)  A proclamation of the commission under this section applies to any person who:(1)  purchases oysters from the captain of a commercial oyster boat, the holder of a commercial oyster boat license, or a member of the crew of a commercial oyster boat;(2)  purchases oysters under Section 47.0091; and(3)  holds a shellfish certificate, as defined by Section 436.002, Health and Safety Code.|Added by Acts 1985, 69th Leg., ch. 633, Sec. 1, eff. June 14, 1985.Amended by: Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 6, eff. September 1, 2017.|
TX Pks & Wildlife Code § 76.302 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter E. Oyster Regulations|Section 76.302. Research Program

Sec. 76.302.  RESEARCH PROGRAM.  (a)  The department shall conduct continuous research and study of:(1)  the supply, economic value, environment, and reproductive characteristics of the various economically important species of oysters;(2)  factors affecting the increase or decrease in oyster stocks in both an annual and long-term cycle;(3)  the use and effectiveness of dredges and other devices for the taking of oysters;(4)  industrial and other pollution of the water naturally frequented by oysters;(5)  statistical information gathered by the department on the marketing, harvesting, processing, and taking of oysters;(6)  environmental parameters in areas in which oysters may be found that may serve as limiting factors of oyster population abundance;(7)  other factors that, based on the best scientific information available, may affect the health and well-being of the economically important oyster resources;  and(8)  alternative management measures for oysters that may be considered for implementation in the management regime.(b)  The research may be conducted by the department or an agency designated by the department.|Added by Acts 1985, 69th Leg., ch. 633, Sec. 1, eff. June 14, 1985.|
TX Pks & Wildlife Code § 76.303 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter E. Oyster Regulations|Section 76.303. Sale of Raw Oysters for Consumption Within This State

Sec. 76.303.  SALE OF RAW OYSTERS FOR CONSUMPTION WITHIN THIS STATE.  Any federal regulations that prohibit the interstate transport and sale of oysters that have not been postharvest treated do not apply to oysters harvested from waters of this state and sold and consumed in this state.|Added by Acts 2011, 82nd Leg., R.S., Ch. 381 (S.B. 387), Sec. 1, eff. June 17, 2011.|
TX Pks & Wildlife Code § 76.304 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter E. Oyster Regulations|Section 76.304. Vessel Monitoring System

Sec. 76.304.  VESSEL MONITORING SYSTEM.  (a)  The commission by proclamation may establish a vessel monitoring system for commercial oyster boats.(b)  Before the commission issues a proclamation under Subsection (a), the department shall consult with commercial oyster boat license holders concerning establishment of a vessel monitoring system.|Added by Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 7, eff. September 1, 2017.|
TX Pks & Wildlife Code § 76.401 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter F. Oyster License Moratorium|Section 76.401. Oyster License Moratorium Program

Sec. 76.401.  OYSTER LICENSE MORATORIUM PROGRAM.  The department shall implement an oyster license moratorium program to promote efficiency and economic stability in the oyster industry.|Added by Acts 2005, 79th Leg., Ch. 104 (S.B. 272), Sec. 1, eff. May 20, 2005.|
TX Pks & Wildlife Code § 76.402 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter F. Oyster License Moratorium|Section 76.402. Issuance and Renewal of Commercial Oyster Boat Licenses

Sec. 76.402.  ISSUANCE AND RENEWAL OF COMMERCIAL OYSTER BOAT LICENSES.  (a)  After August 31, 2005, the department may not issue or renew a commercial oyster boat license unless the person seeking to obtain or renew the license documents to the satisfaction of the department that the vessel for which the license is sought:(1)  is owned by the person;(2)  was licensed as a commercial oyster boat on the day the renewal was sought or at the end of the licensing period immediately preceding the period for which the license is sought; and(3)  is intended to be licensed and used as a commercial oyster boat.(b)  An applicant for a new or renewed commercial oyster boat license for a vessel must submit to the department with the license application:(1)  the United States Coast Guard certificate of documentation for the vessel, if the vessel is required by United States Coast Guard rules to be documented; and(2)  the certificate of number for the vessel as required by Chapter 31.|Added by Acts 2005, 79th Leg., Ch. 104 (S.B. 272), Sec. 1, eff. May 20, 2005.|
TX Pks & Wildlife Code § 76.403 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter F. Oyster License Moratorium|Section 76.403. Oyster License Moratorium Review Board

Sec. 76.403.  OYSTER LICENSE MORATORIUM REVIEW BOARD.  (a)  The holders of commercial oyster boat licenses shall elect an oyster license moratorium review board of seven members.(b)  A member of the review board must be a holder of a commercial oyster boat license.(c)  The seven members of the review board must be selected to reflect the following geographical distribution according to the county of residence specified on the member's commercial oyster boat license:(1)  one member representing Orange, Jefferson, Chambers, and Harris Counties;(2)  two members representing Galveston County;(3)  one member representing Brazoria and Matagorda Counties;(4)  two members representing Calhoun, Aransas, Nueces, San Patricio, and Refugio Counties; and(5)  one member representing Kleberg, Cameron, and Willacy Counties.(d)  The review board shall advise the commission and department and make recommendations concerning the administrative aspects of the oyster license moratorium program, including hardship and appeal cases concerning eligibility.(e)  The director shall adopt procedures for the election and operation of the review board.  The director shall solicit and consider recommendations from the commercial oyster boat license holders regarding the procedures and the continued need for the board.(f)  The review board is not subject to Chapter 2110, Government Code.|Added by Acts 2005, 79th Leg., Ch. 104 (S.B. 272), Sec. 1, eff. May 20, 2005.|
TX Pks & Wildlife Code § 76.404 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter F. Oyster License Moratorium|Section 76.404. Program Administration; Rules

Sec. 76.404.  PROGRAM ADMINISTRATION; RULES.  (a)  The director shall establish administrative procedures to carry out the requirements of this subchapter.(b)  The commission shall adopt any rules necessary for the administration of the program established under this subchapter.|Added by Acts 2005, 79th Leg., Ch. 104 (S.B. 272), Sec. 1, eff. May 20, 2005.|