Sec. 76.021.  OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM ACCOUNT; FEE.  (a)  The oyster shell recovery and replacement program account is a separate account in the game, fish, and water safety account.  The account consists of money deposited to the account under this section.  The account is exempt from the application of Section 403.095, Government Code.
(b)  The department shall collect a fee of 20 cents or an amount set by the commission, whichever is greater, from a licensed commercial oyster fisherman for each box of oysters harvested by the fisherman from the water of this state.
(c)  The commission by rule shall adopt policies and procedures for the issuance of oyster shell recovery tags or other means to collect the fee imposed by this section.  A tag required by this section must:
(1)  be affixed to the outside of each box of oysters at the time of harvest, in the location of harvest;
(2)  contain information required by the Department of State Health Services under the National Shellfish Sanitation Program; and
(3)  remain affixed during transportation of the oysters to a dealer.
(d)  The department shall deposit to the credit of the oyster shell recovery and replacement program account all revenue, less allowable costs, from the fees collected under Subsection (b).
(e)  Money in the oyster shell recovery and replacement program account may be appropriated only for the recovery and enhancement of public oyster reefs under Section 76.020.
(f)  The department shall consult with members of the oyster industry regarding the management of oyster beds in this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1331 (S.B. 932), Sec. 2, eff. September 1, 2011.