85R857 SGA-F     By: Guillen H.B. No. 51       A BILL TO BE ENTITLED   AN ACT   relating to the management of commercial oyster boats in this   state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 76.119(a), Parks and Wildlife Code, is   amended to read as follows:          (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.          SECTION 2.  Subchapter E, Chapter 76, Parks and Wildlife   Code, is amended by adding Section 76.304 to read as follows:          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.          SECTION 3.  Subchapter F, Chapter 76, Parks and Wildlife   Code, is amended by adding Sections 76.405, 76.406, and 76.407 to   read as follows:          Sec. 76.405.  LICENSE BUYBACK PROGRAM. (a)  The department   shall implement a license buyback program for licenses issued under   this subchapter as part of the oyster license moratorium program   established by this subchapter.          (b)  The commission by rule shall establish criteria, using   reasonable classifications, for the department's use in selecting   licenses to be purchased. The department or executive director   shall consult with the oyster license moratorium review board   concerning establishment of the criteria.          (c)  The department shall retire each license purchased   under the license buyback program until the commission finds that   management of the oyster fishery allows reissue of those licenses   through auction or lottery.          (d)  The department shall set aside an amount determined by   commission rule that is at least 20 percent of the fees from   licenses issued under this subchapter to be used only for the   purpose of buying back commercial oyster boat licenses from willing   license holders. That money shall be sent to the comptroller for   deposit to the credit of the game, fish, and water safety account.          (e)  The department may solicit and accept grants and   donations of money or materials from private or public sources for   the purpose of buying back licenses issued under this subchapter   from willing license holders.          (f)  Money to be used for the purpose of buying back licenses   issued under this subchapter is not subject to Section 403.095,   Government Code.          (g)  The commission shall consider the social and economic   viability of the oyster industry and input from the oyster license   moratorium review board regarding the reissue of commercial oyster   boat licenses through auction or lottery.          Sec. 76.406.  PREVAILING AUTHORITY. A proclamation of the   commission under this subchapter prevails over any conflicting   provision of this chapter to the extent of the conflict.          Sec. 76.407.  REPORT TO LEGISLATURE. (a)  Not later than   November 1, 2020, the department shall report to the governor and   each member of the legislature an overview of the administration   and status of the oyster license buyback program, including the   biological, sociological, and economic effects of the program.          (b)  This section expires September 1, 2021.          SECTION 4.  The Parks and Wildlife Commission shall adopt   any rules required to implement Sections 76.405, 76.406, and   76.407, Parks and Wildlife Code, as added by this Act, not later   than June 1, 2018.          SECTION 5.  (a) Except as provided by Subsection (b) of this   section, this Act takes effect September 1, 2017.          (b)  Sections 76.405, 76.406, and 76.407, Parks and Wildlife   Code, as added by this Act, take effect June 1, 2018.