reglab/housing_qa huggingface dataset:
TX Pks & Wildlife Code § 76.017 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter A. Public and Private Oyster Beds|Section 76.017. Location Rental Fees

Sec. 76.017.  LOCATION RENTAL FEES.  (a)  The holder of a certificate of location shall pay to the department $6 per acre of location per year to rent the location under the certificate.  In lieu of that payment, the commission may set the required payment under this section in a greater amount.(b)  Rental fees are due annually by March 1.(c)  The holder of a certificate shall pay the 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.(d)  The failure to pay any rental, transfer, sale, renewal, or late penalty fee within 90 days of the due date terminates the lease.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 908, ch. 416, Sec. 2, eff. Aug. 27, 1979;  Acts 1983, 68th Leg., p. 1338, ch. 277, Sec. 46, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 66, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 448, Sec. 1, eff. Jan. 1, 1990;  Acts 2001, 77th Leg., ch. 968, Sec. 42, eff. Sept. 1, 2001.|
TX Pks & Wildlife Code § 76.018 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter A. Public and Private Oyster Beds|Section 76.018. Location Rental Term; Renewal; Auction

Sec. 76.018.  LOCATION RENTAL TERM;  RENEWAL;  AUCTION.  (a)  The term of a rental lease for a location under this subchapter is 15 years.(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 the need for depuration of polluted oysters and 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.(c)  The commission shall determine auction procedures for the issuance of a lease that is not renewed by the previous leaseholder under Subsection (b).|Added by Acts 2001, 77th Leg., ch. 968, Sec. 43, eff. Sept. 1, 2001.|
TX Pks & Wildlife Code § 76.019 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter A. Public and Private Oyster Beds|Section 76.019. Procedures for Sale or Transfer of Location Rental

Sec. 76.019.  PROCEDURES FOR SALE OR TRANSFER OF LOCATION RENTAL.  The commission shall determine procedures for reissuance of a lease when the lease is sold or otherwise transferred.  The procedures must include:(1)  payment of a $200 fee due on the sale or transfer of the lease unless the lease is inherited;  and(2)  a provision that the sale or transfer does not change the lease term.|Added by Acts 2001, 77th Leg., ch. 968, Sec. 43, eff. Sept. 1, 2001.|
TX Pks & Wildlife Code § 76.020 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter A. Public and Private Oyster Beds|Section 76.020. Oyster Shell Recovery and Replacement Program

Sec. 76.020.  OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM.  (a)  The commission by proclamation may establish and conduct a program to require the recovery of oyster shell or other suitable cultch material from, and replacement of oyster shell in, the coastal waters of the state to maintain or enhance public oyster reefs.(b)  The department may accept grants and donations of money or materials from private or public sources to be applied to the oyster shell recovery and replacement program.|Added by Acts 1991, 72nd Leg., ch. 644, Sec. 1, eff. Aug. 26, 1991.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1331 (S.B. 932), Sec. 1, eff. September 1, 2011.|
TX Pks & Wildlife Code § 76.0205 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter A. Public and Private Oyster Beds|Section 76.0205. Sustainability of Oyster Industry

Sec. 76.0205.  SUSTAINABILITY OF OYSTER INDUSTRY.  (a)  In order to enhance the viability of commercial oyster fishing and ensure the sustainability of the oyster industry to accommodate the highest number of commercial oyster fishing boats, a person who purchases oysters under Section 47.0091 and holds a shellfish certificate, as defined by Section 436.002, Health and Safety Code, must:(1)  distribute, in an area designated by the department, oyster shells or other cultch material approved by the department in an amount equal to not less than 30 percent of the total volume of oysters purchased by the person in the previous license year; or(2)  pay a fee to the department in an amount calculated under Subsection (c).(b)  The distribution of oyster shells or other cultch material must be directly supervised by an agent or employee of the department.(c)  The department shall calculate the current market cost of the acquisition and deposition of cultch material on a per cubic yard basis.  The fee charged under Subsection (a)(2) is the market cost established under this subsection multiplied by 30 percent of the total volume of oysters purchased by the  person in the previous license year.  The fee charged under this section shall be deposited to the credit of the oyster shell recovery and replacement program account.(d)  A person who possesses oysters that do not meet the requirements of Section 76.112:(1)  shall replace the oysters in the beds from which they were taken as directed by an authorized employee of the department; and(2)  is subject to any penalty and must perform any remedy authorized by law.|Added by Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 1, eff. September 1, 2017.|
TX Pks & Wildlife Code § 76.021 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter A. Public and Private Oyster Beds|Section 76.021. Oyster Shell Recovery and Replacement Program Account; Fee

Sec. 76.021.  OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM ACCOUNT; FEE.  (a)  The oyster shell recovery and replacement program account is a separate 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.(b)  The department shall collect a fee of 20 cents or an amount set by the commission, whichever is greater, from a licensed commercial oyster fisherman for each box of oysters harvested by the fisherman from the water of this state.(c)  The commission by rule shall adopt policies and procedures for the issuance of oyster shell recovery tags or other means to collect the fee imposed by this section.  A tag required by this section must:(1)  be affixed to the outside of each box of oysters at the time of harvest, in the location of harvest;(2)  contain information required by the Department of State Health Services under the National Shellfish Sanitation Program; and(3)  remain affixed during transportation of the oysters to a dealer.(d)  The department shall deposit to the credit of the oyster shell recovery and replacement program account all revenue, less allowable costs, from the fees collected under Subsection (b).(e)  Money in the oyster shell recovery and replacement program account may be appropriated only for the recovery and enhancement of public oyster reefs under Section 76.020.(f)  The department shall consult with members of the oyster industry regarding the management of oyster beds in this state.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1331 (S.B. 932), Sec. 2, eff. September 1, 2011.|
TX Pks & Wildlife Code § 76.031 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter B. Oyster Permits|Section 76.031. Application for Permit

Sec. 76.031.  APPLICATION FOR PERMIT.  (a)  A person desiring to plant oysters on his own location or to take oysters from oyster reefs and public water shall apply to the department for an oyster permit.(b)  Only those persons who are citizens of Texas or corporations composed of American citizens and chartered by this state to engage in the culture of oysters or to transact business in the purchase and sale of fish and oysters may apply for a permit.(c)  The application must:(1)  state the purpose for taking oysters;  and(2)  give the quantity of oysters to be taken from designated areas.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 76.032 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter B. Oyster Permits|Section 76.032. Discretion to Issue Permit

Sec. 76.032.  DISCRETION TO ISSUE PERMIT.  The department may issue or refuse to issue a permit to any applicant.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 76.033 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter B. Oyster Permits|Section 76.033. Conditions of Permit

Sec. 76.033.  CONDITIONS OF PERMIT.  (a)  The department shall require the permittee to take only the oysters authorized in the permit from beds or reefs designated in the permit.(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 where they are to be located;  and(4)  specify what implements may be used in taking oysters.(c)  The department may make other conditions or regulations to protect and conserve oysters on public reefs and beds.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 76.035 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter B. Oyster Permits|Section 76.035. Oysters Property of Permittee

Sec. 76.035.  OYSTERS PROPERTY OF PERMITTEE.  All oysters taken or deposited in public water by the holder of an oyster permit under the terms of a permit are the personal property of the permit holder.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 76.036 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter B. Oyster Permits|Section 76.036. Marking Beds

Sec. 76.036.  MARKING BEDS.  (a)  The holder of a permit shall clearly and distinctly mark by buoys or other permanent markers easily visible above the surface of the water the boundaries of the areas designated in the permit from which he may take or in which he may deposit oysters.(b)  No person may be prosecuted for taking oysters from the bed of a permittee unless the boundaries are established and maintained as provided in this section.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 44, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 384 (S.B. 620), Sec. 1, eff. June 15, 2007.|
TX Pks & Wildlife Code § 76.037 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter B. Oyster Permits|Section 76.037. Theft of Oysters From Private Bed

Sec. 76.037.  THEFT OF OYSTERS FROM PRIVATE BED.  No person may fraudulently take oysters placed on private beds without the consent of the owner of the private bed or from beds or deposits made for the purpose of preparing oysters for market without the consent of the owner of the oysters who lawfully deposited them.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 80, eff. Sept. 1, 1985.|
TX Pks & Wildlife Code § 76.038 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter B. Oyster Permits|Section 76.038. Interference With Buoys or Markers

Sec. 76.038.  INTERFERENCE WITH BUOYS OR MARKERS.  (a)  No person may deface, injure, destroy, or remove a buoy, marker, or fence used to designate or enclose a private oyster bed or location where oysters have been deposited for preparation for market without the consent of the owner of the bed or location.(b)  No person may deface, injure, destroy, or remove a buoy, marker, or sign of the department used for designating water closed for the taking of fish or oysters without the consent of the department.(c)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.|
TX Pks & Wildlife Code § 76.039 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter B. Oyster Permits|Section 76.039. Prohibited Sales

Sec. 76.039.  PROHIBITED SALES.  (a)  No person gathering oysters for planting or for depositing for market preparation on locations or on private oyster beds may sell, market, or dispose of the oysters gathered, at the time they are gathered, for any other purpose than planting or preparing for market.(b)  This section does not affect the right of a person to sell or assign an oyster location or private bed.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 81, eff. Sept. 1, 1985.|
TX Pks & Wildlife Code § 76.040 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle D - Crustaceans and Mollusks|Chapter 76 - Oysters|Subchapter B. Oyster Permits|Section 76.040. Penalties

Sec. 76.040.  PENALTIES.  (a)  Except as otherwise provided by this section, a person who violates a provision of this subchapter or a regulation adopted by the commission under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.(b)  A person who violates Section 76.037 or Section 76.038 of this code commits an offense that is a Class B Parks and Wildlife Code misdemeanor.(c)  If it is shown at the trial of the defendant that he has been convicted once within five years before the trial date of a violation of Section 76.037 or 76.038 of this code, he is guilty of a Class A Parks and Wildlife Code misdemeanor.(d)  If it is shown at the trial of the defendant that he has been convicted two or more times within five years before the trial date of a violation of Section 76.037 or 76.038 of this code, he is guilty of a Parks and Wildlife Code felony.|Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 82, eff. Sept. 1, 1985.|
TX Pks & Wildlife Code § 76.101 (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 76.101. Oyster Licenses Required

Sec. 76.101.  OYSTER LICENSES REQUIRED.  (a)  No person may take or attempt to take oysters from the public water of this state for noncommercial use by the use of a dredge or tongs without first having acquired a sport oyster boat license from the department.(b)  No person may take or attempt to take oysters from the public water of this state, without the use of a boat, for pay or for the purpose of sale, barter, or exchange or any other commercial purpose without first having acquired from the department a commercial oyster fisherman's license.(c)  No person may take or attempt to take oysters from the public water of this state by the use of a dredge, tongs, or other mechanical means, or by the use of a boat or other vessel for pay, or for the purpose of sale, barter, or exchange or any other commercial purpose without first having acquired from the department a commercial oyster boat license.(d)  Each member of the crew of a licensed commercial oyster boat is required to have a general commercial fisherman's license to take oysters while they are on a licensed boat that is being used to take oysters.(e)  The captain and each crew member of a licensed commercial oyster boat, each person on a licensed sport oyster boat, and each person oystering under a commercial oyster fisherman's license must possess and produce on request to any enforcement officer proof of the person's identity.(f)  The captain of a commercial oyster boat must hold a valid commercial oyster boat captain's license to operate a commercial oyster boat while taking or attempting to take oysters from the public water of this state.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1989, 71st Leg., ch. 255, Sec. 2, eff. July 31, 1989;  Acts 1993, 73rd Leg., ch. 365, Sec. 16, eff. Sept. 1, 1993.Amended by: Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 2, eff. September 1, 2017.|
TX Pks & Wildlife Code § 76.102 (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 76.102. License Application

Sec. 76.102.  LICENSE APPLICATION.  (a)  An applicant for an oyster boat license, which is not a renewal of the previous year's license, issued under this subchapter must submit to the department the boat's United States Coast Guard certificate of documentation or Texas' or other state's certificate of number for a vessel or motorboat.(b)  The license issued by the department must contain:(1)  the name of the boat if the boat is registered with the United States Coast Guard;  and(2)  the number appearing on the United States Coast Guard certificate of documentation or Texas' or other state's certificate of number.|Added by Acts 1989, 71st Leg., ch. 255, Sec. 3, eff. July 31, 1989.  Amended by Acts 1993, 73rd Leg., ch. 365, Sec. 17, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 450, Sec. 26, eff. Sept. 1, 1993.|
TX Pks & Wildlife Code § 76.103 (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 76.103. Types of Licenses; Period of Validity

Sec. 76.103.  TYPES OF LICENSES;  PERIOD OF VALIDITY.  A commercial oyster boat license, commercial oyster boat captain's license, sport oyster boat license, or commercial oyster fisherman's license expires on August 31 of the yearly period for which it is issued or another date set by the commission.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 548, ch. 229, Sec. 1, eff. Aug. 31, 1981;  Acts 1989, 71st Leg., ch. 255, Sec. 4, eff. July 31, 1989;  Acts 1993, 73rd Leg., ch. 365, Sec. 18, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 69, eff. June 16, 1995.|
TX Pks & Wildlife Code § 76.1031 (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 76.1031. License Expirations and Transfers

Sec. 76.1031.  LICENSE EXPIRATIONS AND TRANSFERS.  (a)  All licenses issued under the authority of Chapter 76 of this code are valid only during the yearly period for which they are issued without regard to the date on which the licenses are acquired.  Each yearly period begins on September 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)  All licenses issued under the authority of 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 to a new owner of the same vessel.  The commission, by regulation, may prescribe 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.|Added by Acts 1993, 73rd Leg., ch. 365, Sec. 19, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 931, Sec. 70, eff. June 16, 1995;  Acts 1997, 75th Leg., ch. 1256, Sec. 114, eff. Sept. 1, 1997.|