Sec. 76.003.  BEDS SUBJECT TO LOCATION.  (a) Except as provided by Subsection (b) and Section 76.004, an oyster bed or reef, other than a natural oyster bed, is subject to location by the department. 
(b)  The department may subject a natural oyster bed to location if the department determines that the bed is degraded.  In determining whether a natural oyster bed is degraded, the department may consider:
(1)  the relative abundance of oysters in the area;
(2)  the availability of natural cultch material in the area;
(3)  sediment overburden in the area;
(4)  the amount of time that the area has been exhausted, if the area is exhausted; and
(5)  any other criteria the department considers indicative of a degraded oyster bed.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 250 (S.B. 1032), Sec. 2, eff. September 1, 2023.