CHAPTER 47. TEXAS OYSTER AND SHRIMP PROGRAM
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.