CHAPTER 47. TEXAS OYSTER AND SHRIMP PROGRAM - Texas Statutes

AGRICULTURE CODE

TITLE 3. AGRICULTURAL RESEARCH AND PROMOTION

CHAPTER 47. TEXAS OYSTER AND SHRIMP PROGRAM

SUBCHAPTER A. TEXAS OYSTER PROGRAM

Sec. 47.001. PROMOTION AND ADVERTISEMENT. (a) The department

may promote and advertise the Texas oyster industry by:

(1) using current market research to develop an oyster marketing

plan to increase consumption of Texas oysters;

(2) conducting a public relations campaign to create a

responsible and accurate image of the Texas oyster industry;

(3) providing information, education, and training to consumers,

food handlers, and restaurant personnel on safe and proper

handling of oysters, for the purpose of promoting the use and

consumption of oysters; and

(4) using other methods the department considers appropriate.

(b) The department, following guidance of the oyster advisory

committee established under Section 47.002, may use a portion of

the oyster sales fee funds provided for administrative purposes.

Added by Acts 1999, 76th Leg., ch. 186, Sec. 4, eff. Sept. 1,

1999; Acts 1999, 76th Leg., ch. 1298, Sec. 4, eff. June 18, 1999.

Amended by Acts 2001, 77th Leg., ch. 28, Sec. 3, eff. Sept. 1,

2001.

Sec. 47.002. OYSTER ADVISORY COMMITTEE. (a) The commissioner

shall appoint an oyster advisory committee to provide guidance

and direction on the programs and activities established under

this chapter and expenditures of the funds appropriated for the

purposes of this chapter.

(b) A member of the advisory committee may not receive

compensation for service on the committee, but is entitled to

reimbursement of expenses incurred by the member while conducting

the business of the committee and approved by the commissioner,

as provided by the General Appropriations Act. A reimbursement

under this subsection must be paid from revenue from fees on

oyster sales and related penalties imposed under Section 436.103,

Health and Safety Code, available for that purpose or from other

revenue as provided by the General Appropriations Act.

(c) The advisory committee shall meet and elect a chairperson

from its members and shall conduct other meetings it considers

necessary to provide guidance and direction to the department.

(d) The advisory committee consists of the following nine

members:

(1) three members appointed by the commissioner who are oyster

dealers who have been certified in Texas for at least 12 months

of each year of the three years preceding the appointment;

(2) two members appointed by the commissioner who are oyster

dealers who have been certified in Texas for at least six months

of each year of the three years preceding the appointment;

(3) one member appointed by the commissioner representing

consumer interests;

(4) one member appointed by the commissioner representing

grocery retail business interests;

(5) one member appointed by the commissioner representing the

restaurant industry; and

(6) one member appointed by the commissioner who:

(A) is employed by an institution of higher education as a

researcher or instructor; and

(B) specializes in the area of food science, particularly

seafood.

(e) The advisory committee shall develop its own bylaws under

which it shall operate. The bylaws shall stipulate that five

members constitute a quorum sufficient to conduct meetings and

business of the advisory committee.

(f) An advisory committee member serves a three-year term, with

the terms of three members expiring August 31 of each year.

(g) A member of the advisory committee may be reappointed to the

advisory committee.

Added by Acts 1999, 76th Leg., ch. 186, Sec. 4, eff. Sept. 1,

1999; Acts 1999, 76th Leg., ch. 1298, Sec. 4, eff. June 18, 1999.

Amended by Acts 2001, 77th Leg., ch. 28, Sec. 4, eff. Sept. 1,

2001.

SUBCHAPTER B. TEXAS SHRIMP MARKETING ASSISTANCE PROGRAM IN

DEPARTMENT OF AGRICULTURE

Sec. 47.051. DEFINITIONS. In this subchapter:

(1) "Advisory committee" means the shrimp advisory committee.

(2) "Coastal waters" means all the salt water of the state,

including the portion of the Gulf of Mexico that is within the

jurisdiction of the state.

(3) "Program" means the Texas shrimp marketing assistance

program.

(4) "Shrimp marketing account" means the account in the general

revenue fund established under Section 77.002(b), Parks and

Wildlife Code.

(5) "Texas-produced shrimp" means wild-caught shrimp

commercially harvested from coastal waters by a shrimp boat

licensed by the Parks and Wildlife Department.

Added by Acts 2003, 78th Leg., ch. 265, Sec. 6, eff. June 18,

2003; Acts 2003, 78th Leg., ch. 677, Sec. 4, eff. June 20, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1052, Sec. 1, eff. September 1, 2009.

Sec. 47.052. PROGRAM ESTABLISHED. (a) The Texas shrimp

marketing assistance program is established in the department to

assist the Texas wild-caught shrimping industry in promoting and

marketing Texas-produced shrimp and educating the public about

the Texas wild-caught shrimping industry and Texas-produced

shrimp.

(b) The commissioner, in consultation with the advisory

committee established under Section 47.053, shall adopt rules as

necessary to implement the program.

(c) The department may accept grants, gifts, and gratuities from

any source, including any governmental entity, any private or

public corporation, and any other person, in furtherance of the

program. Any funds received as a grant, gift, or gratuity shall

be deposited in the shrimp marketing account under Section

77.002, Parks and Wildlife Code.

(d) The program shall be funded at a minimum level of $250,000

per fiscal year with funds deposited into the shrimp marketing

account under Section 77.002, Parks and Wildlife Code. The

department may not expend more than two percent of the annual

program budget on out-of-state travel.

Added by Acts 2003, 78th Leg., ch. 265, Sec. 6, eff. June 18,

2003; Acts 2003, 78th Leg., ch. 677, Sec. 4, eff. June 20, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1052, Sec. 2, eff. September 1, 2009.

Sec. 47.053. ADVISORY COMMITTEE. (a) The commissioner shall

appoint a shrimp advisory committee to assist the commissioner in

implementing the program established under this subchapter and in

the expenditure of funds appropriated for the purpose of this

subchapter.

(b) The advisory committee shall be composed of the following

nine members:

(1) two owners of commercial bay shrimp boats;

(2) two owners of commercial gulf shrimp boats;

(3) one retail wild-caught shrimp dealer;

(4) one wholesale wild-caught shrimp dealer;

(5) one person employed by an institution of higher education as

a researcher or instructor specializing in the area of food

science, particularly seafood;

(6) one member of the seafood restaurant industry; and

(7) one representative of the public.

(c) The members of the advisory committee serve without

compensation but may be reimbursed for expenses incurred in the

direct performance of their duties on approval by the

commissioner.

(d) An advisory committee member serves a three-year term, with

the terms of three or four members expiring August 31 of each

year. The commissioner may reappoint a member to the advisory

committee.

(e) The members of the advisory committee shall elect a

presiding officer from among the members and shall adopt rules

governing the operation of the committee. The rules shall specify

that five members of the advisory committee constitute a quorum

sufficient to conduct the meetings and business of the committee.

(f) The advisory committee shall meet as necessary, but not less

frequently than once each calendar year, to provide guidance to

the commissioner in establishing and implementing the program.

Added by Acts 2003, 78th Leg., ch. 265, Sec. 6, eff. June 18,

2003; Acts 2003, 78th Leg., ch. 677, Sec. 4, eff. June 20, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1052, Sec. 3, eff. September 1, 2009.

Sec. 47.054. PROGRAM STAFF. (a) The commissioner shall employ

one or more persons as employees of the department to staff the

program.

(b) Unless otherwise expressly provided by the legislature, the

source of funding for the payment of employee salaries shall be

funds generated from the program, including the 10 percent

license fee increase authorized by Section 77.002, Parks and

Wildlife Code.

Added by Acts 2003, 78th Leg., ch. 265, Sec. 6, eff. June 18,

2003; Acts 2003, 78th Leg., ch. 677, Sec. 4, eff. June 20, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1052, Sec. 4, eff. September 1, 2009.

Sec. 47.055. PROMOTION, MARKETING, AND EDUCATION. The program

shall promote and advertise the Texas wild-caught shrimping

industry by:

(1) developing and maintaining a database of Texas shrimp

wholesalers that sell Texas-produced shrimp;

(2) operating a toll-free telephone number to:

(A) receive inquiries from persons who wish to purchase a

particular type of Texas-produced shrimp; and

(B) make information about the Texas wild-caught shrimping

industry available to the public;

(3) developing a wild-caught shrimping industry marketing plan

to increase the consumption of Texas-produced shrimp;

(4) educating the public about Texas-produced shrimp by

providing publicity about the information in the program's

database to the public and making the information available to

the public through the department's toll-free telephone number

and electronically through the Internet;

(5) promoting the Texas wild-caught shrimping industry; and

(6) promoting and marketing, and educating consumers about,

Texas-produced shrimp using any other method the commissioner

determines appropriate.

Added by Acts 2003, 78th Leg., ch. 265, Sec. 6, eff. June 18,

2003; Acts 2003, 78th Leg., ch. 677, Sec. 4, eff. June 20, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1052, Sec. 5, eff. September 1, 2009.