reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 75 - Cultivated Oyster Mariculture › Section 75.0103. Cultivated Oyster Mariculture Program

Sec. 75.0103.  CULTIVATED OYSTER MARICULTURE PROGRAM.  (a) The commission shall adopt rules to establish a program governing cultivated oyster mariculture.
(b)  Rules adopted under the program may establish requirements for:
(1)  the location and size of a cultivated oyster mariculture operation;
(2)  the taking, possession, transport, movement, and sale of cultivated oysters;
(3)  the taking, possession, transport, and movement of broodstock oysters;
(4)  marking structures for the cultivation of oysters in a cultivated oyster mariculture operation;
(5)  fees and conditions for use of public resources, including broodstock oysters and public water; and
(6)  any other matter necessary to implement and administer this chapter.
(c)  The department shall coordinate with the Department of Agriculture, the Department of State Health Services, the General Land Office, and the Texas Commission on Environmental Quality in the adoption of rules under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 174 (H.B. 1300), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 75 - Cultivated Oyster Mariculture › Section 75.0104. Cultivated Oyster Mariculture Permit Required

Sec. 75.0104.  CULTIVATED OYSTER MARICULTURE PERMIT REQUIRED.  (a)  No person may engage in cultivated oyster mariculture without first having acquired a cultivated oyster mariculture permit.
(b)  The commission shall adopt rules to implement this section.  Rules adopted under this section may establish requirements for:
(1)  permit applications and application fees;
(2)  criteria for the approval, transfer, revocation, and suspension of permits; and
(3)  procedures for hearings related to a permit.
Added by Acts 2019, 86th Leg., R.S., Ch. 174 (H.B. 1300), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 75 - Cultivated Oyster Mariculture › Section 75.0105. Deposit and Use of Fees; Cultivated Oyster Mariculture Cleanup Subaccount

Sec. 75.0105.  DEPOSIT AND USE OF FEES; CULTIVATED OYSTER MARICULTURE CLEANUP SUBACCOUNT.  (a)  Except as provided by Subsection (c), fees collected under this chapter shall be deposited to the credit of the game, fish, and water safety account.
(b)  The cultivated oyster mariculture cleanup subaccount is a subaccount in the game, fish, and water safety account. The subaccount consists of money deposited to the subaccount under this section.
(c)  The department shall set aside 20 percent of the fees collected under this chapter. That money shall be deposited to the credit of the cultivated oyster mariculture cleanup subaccount in the game, fish, and water safety account and may be used only for the cleanup of illegal or abandoned cultivated oyster mariculture equipment and related debris in public water.
Added by Acts 2019, 86th Leg., R.S., Ch. 174 (H.B. 1300), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 75 - Cultivated Oyster Mariculture › Section 75.0106. Prohibited Actions

Sec. 75.0106.  PROHIBITED ACTIONS.  (a)  No person may sell or barter, or offer to sell or barter, a cultivated oyster, except as authorized by this chapter.
(b)  No person may place a cultivated oyster in a natural oyster bed or private oyster bed.
(c)  In this subsection, "coastal public land" has the meaning assigned by Section 33.004, Natural Resources Code. Regardless of whether a person holds a permit under this chapter, no person may place a structure related to cultivated oyster mariculture on coastal public land unless the person first obtains a lease or easement under Chapter 33 or 51, Natural Resources Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 174 (H.B. 1300), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 75 - Cultivated Oyster Mariculture › Section 75.0107. Penalties

Sec. 75.0107.  PENALTIES.  (a) For purposes of this section, "final conviction" includes a plea of guilty or nolo contendere to or the imposition of deferred adjudication or deferred disposition for an offense.
(b)  A person who violates Section 75.0104(a) or 75.0106 or a rule adopted under this chapter commits an offense that is a Class B Parks and Wildlife Code misdemeanor.
(c)  If conduct constituting an offense under this section also constitutes an offense under Section 33.112, Natural Resources Code, the actor may be prosecuted under this section, Section 33.112, Natural Resources Code, or both.
Added by Acts 2019, 86th Leg., R.S., Ch. 174 (H.B. 1300), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 75 - Cultivated Oyster Mariculture › Section 75.0108. Commercial Oyster Mariculture Advisory Board

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 230 (H.B. 1809), Sec. 1, eff. May 27, 2023.
2023 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 76.001. Definitions

Sec. 76.001.  DEFINITIONS.  In this chapter:
(1)  "Barrel of oysters" means three boxes of oysters in the shell or two gallons of shucked oysters without shells.  The dimensions of a box are 10 inches by 20 inches by 13-1/2 inches.  In filling a box for measurement, the oysters may not be piled more than 2-1/2 inches above the height of the box at the center.
(2)  "Natural oyster bed" means an area with a substrate that is predominantly composed of oyster shell or live oysters.
(3)  "Open season" means a period during which it is lawful to take oysters.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 241 (S.B. 2379), Sec. 1, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 250 (S.B. 1032), Sec. 1, eff. September 1, 2023.
2023 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 76.002. Designation of Public and Private Beds

Sec. 76.002.  DESIGNATION OF PUBLIC AND PRIVATE BEDS.  (a)  All natural oyster beds are public.
(b)  All oyster beds not designated as private are public.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 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 76.003. Beds Subject to Location

Sec. 76.003.  BEDS SUBJECT TO LOCATION.  (a) Except as provided by Subsection (b) and Section 76.004, an oyster bed or reef, other than a natural oyster bed, is subject to location by the department.
(b)  The department may subject a natural oyster bed to location if the department determines that the bed is degraded.  In determining whether a natural oyster bed is degraded, the department may consider:
(1)  the relative abundance of oysters in the area;
(2)  the availability of natural cultch material in the area;
(3)  sediment overburden in the area;
(4)  the amount of time that the area has been exhausted, if the area is exhausted; and
(5)  any other criteria the department considers indicative of a degraded oyster bed.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 250 (S.B. 1032), Sec. 2, eff. September 1, 2023.
2023 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 76.004. Riparian Rights

Sec. 76.004.  RIPARIAN RIGHTS.  (a)  The lawful occupant of a grant of land in this state has the exclusive right to use any creek, bayou, lake, or cove included within the metes and bounds of the original grant for the planting or sowing of oysters.
(b)  If the creek, bayou, lake, or cove is not included in the original grant, a riparian owner has an exclusive right in the creek, bayou, lake, or cove for the planting and sowing of oysters to the middle of the creek, bayou, lake, or cove or to 100 yards from the shore, whichever distance is shorter.
(c)  The right of a riparian owner of land along any bay shore in this state to plant oysters extends 100 yards into the bay from the high-water mark or from where the land survey ceases.  The right to a natural oyster bed under this subsection is not exclusive.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 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 76.005. Affidavit of Riparian Rights

Sec. 76.005.  AFFIDAVIT OF RIPARIAN RIGHTS.  (a)  The department may require the owner of riparian rights described in Section 76.004 of this code when offering oysters for sale to make an affidavit stating that the oysters were produced on his property.
(b)  The failure of an owner of riparian rights described in Section 76.004(a) to have an affidavit when required by the department or to show it to a game warden on request or to the person to whom the oysters are offered for sale when required by the department is prima facie evidence that the oysters were produced from public beds.
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. 4, eff. May 19, 2011.
2023 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 76.006. Application for Location; Fee

Sec. 76.006.  APPLICATION FOR LOCATION;  FEE.  (a)  Any citizen of the United States or any domestic corporation may file a written application with the department for a certificate authorizing the applicant to plant oysters and make a private oyster bed in the public water of the state.
(b)  The application must describe the location desired.
(c)  The application must be accompanied by a fee of $20 or an amount set by the commission, whichever amount is more.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 65, eff. Sept. 1, 1985.
2023 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 76.007. Maximum Acreage Under Location

Sec. 76.007.  MAXIMUM ACREAGE UNDER LOCATION.  (a)  The department may not issue a certificate of location for a location that includes more than 100 acres of land covered by water.
(b)  A person may not own, lease, or control more than 300 acres of land covered by water under certificates of location.  A person who does not own, lease, or control more than 300 acres of land may act as an agent for persons who, in the aggregate, own, lease, or control more than 300 acres of land.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 41, eff. Sept. 1, 2001.
2023 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 76.008. Lease or Control by Foreign Corporation Prohibited

Sec. 76.008.  LEASE OR CONTROL BY FOREIGN CORPORATION PROHIBITED.  No corporation other than those incorporated under the laws of this state may lease or control land under a certificate of location.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 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 76.009. Examination and Survey of Location

Sec. 76.009.  EXAMINATION AND SURVEY OF LOCATION.  (a)  On receipt of an application for a location, the department shall examine the proposed location as soon as practicable by any efficient means.
(b)  If the location is subject to certification, the department shall have the location surveyed by a competent surveyor.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 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 76.012. Locator's Certificate

Sec. 76.012.  LOCATOR'S CERTIFICATE.  (a)  The department shall issue to each locator a certificate signed and sealed by the director.
(b)  The certificate must contain:
(1)  the date of the application;
(2)  the date of the survey;  and
(3)  a description of the location by metes and bounds with reference to points of the compass and natural objects by which the location may be found and verified.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 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 76.015. Rights of Locator

Sec. 76.015.  RIGHTS OF LOCATOR.  (a)  The holder of a certificate of location as provided for in Section 76.012 of this code is protected in his possession of the location 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 their correct positions and the locator complies with the law and the regulations governing the fish and oyster industries.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 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.
2023 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 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 has the right to renew 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 250 (S.B. 1032), Sec. 3, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 76.022. Certificates of Location for Restoration Purposes

Sec. 76.022.  CERTIFICATES OF LOCATION FOR RESTORATION PURPOSES.  (a)  The commission by rule shall establish a program to issue certificates of location for the restoration of natural oyster beds.
(b)  Sections 76.006, 76.007, 76.017, 76.018, and 76.019 do not apply to a program established under this section.
(c)  Rules adopted under this section may establish:
(1)  fees, application approval requirements, lease terms, and renewal procedures for leases under this section;
(2)  the total area in each bay system for which leases may be issued under this section;
(3)  siting and marking requirements for leases under this section; and
(4)  any other requirement necessary to administer this section.
(d)  In adopting rules under this section, the department shall coordinate with:
(1)  the Department of State Health Services; and
(2)  the General Land Office.
Added by Acts 2023, 88th Leg., R.S., Ch. 250 (S.B. 1032), Sec. 4, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.  This subsection does not apply to the holder of a commercial oyster boat captain's license.
(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.
Acts 2023, 88th Leg., R.S., Ch. 604 (H.B. 3497), Sec. 2, eff. June 11, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.