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 that 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.
