2005 Texas Agriculture Code CHAPTER 47. TEXAS OYSTER AND SHRIMP PROGRAM

AGRICULTURE CODE

CHAPTER 47. TEXAS OYSTER AND SHRIMP PROGRAM

SUBCHAPTER A. TEXAS OYSTER PROGRAM


	§ 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, § 4, eff. Sept. 1, 1999;  
Acts 1999, 76th Leg., ch. 1298, § 4, eff. June 18, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 28, § 3, eff. Sept. 1, 2001.


	§ 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, § 4, eff. Sept. 1, 1999;  
Acts 1999, 76th Leg., ch. 1298, § 4, eff. June 18, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 28, § 4, eff. Sept. 1, 2001.

SUBCHAPTER B. TEXAS SHRIMP MARKETING ASSISTANCE PROGRAM IN 
DEPARTMENT OF AGRICULTURE


	§ 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 shrimp harvested 
from coastal waters and produced within the borders of the state.

Added by Acts 2003, 78th Leg., ch. 265, § 6, eff. June 18, 2003;  
Acts 2003, 78th Leg., ch. 677, § 4, eff. June 20, 2003.


	§ 47.052. PROGRAM ESTABLISHED.  (a) The Texas shrimp 
marketing assistance program is established in the department to 
assist the Texas shrimp industry in promoting and marketing 
Texas-produced shrimp and educating the public about the Texas 
shrimp 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, § 6, eff. June 18, 2003;  
Acts 2003, 78th Leg., ch. 677, § 4, eff. June 20, 2003.


	§ 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 10 members:   
		(1)  two owners of commercial bay shrimp boats;                               
		(2)  two owners of commercial gulf shrimp boats;                              
		(3)  one member of the Texas shrimp aquaculture 
industry;                   
		(4)  one retail fish dealer;                                                  
		(5)  one wholesale fish dealer;                                               
		(6)  one person employed by an institution of higher 
education as a researcher or instructor specializing in the area of 
food science, particularly seafood;
		(7)  one member of the seafood restaurant industry;  
and                    
		(8)  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, § 6, eff. June 18, 2003;  
Acts 2003, 78th Leg., ch. 677, § 4, eff. June 20, 2003.


	§ 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, 
and the surcharge on license fees authorized by Section 134.014.

Added by Acts 2003, 78th Leg., ch. 265, § 6, eff. June 18, 2003;  
Acts 2003, 78th Leg., ch. 677, § 4, eff. June 20, 2003.


	§ 47.055. PROMOTION, MARKETING, AND EDUCATION.  The 
program shall promote and advertise the Texas shrimp 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 shrimp 
industry available to the public;
		(3)  developing a shrimp 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 shrimp 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, § 6, eff. June 18, 2003;  
Acts 2003, 78th Leg., ch. 677, § 4, eff. June 20, 2003.