Sec. 76.301.  REGULATION OF TAKING, POSSESSION, PURCHASE, AND SALE OF OYSTERS.  (a)  The commission by proclamation may regulate the taking, possession, purchase, and sale of oysters.  A proclamation issued under this section must contain findings by the commission that support the need for the proclamation.
(b)  In determining the need for a proclamation under Subsection (a) of this section, the commission shall consider:
(1)  measures to prevent the depletion of oyster beds while achieving, on a continuing basis, the optimum yield for the oystering industry;
(2)  measures based on the best scientific information available;
(3)  measures to manage oysters;
(4)  measures, where practicable, that will promote efficiency in utilizing oyster resources, except that economic allocation may not be the sole purpose of the measures;
(5)  measures, where practicable, that will minimize cost and avoid unnecessary duplication in their administration;  and
(6)  measures which will enhance enforcement.
(c)  A proclamation issued under Subsection (a) of this section may limit the quantity and size of oysters that may be taken, possessed, sold, or purchased and may prescribe the times, places, conditions, and means and manner of taking oysters. 
(d)  A proclamation of the commission under this section prevails over:
(1)  any conflicting provision of Subchapter A, B, or C of this chapter  to the extent of the conflict;  and
(2)  a proclamation of the commission issued under the Wildlife Conservation Act of 1983 (Chapter 61 of this code).
(e)  A proclamation of the commission under this section does not prevail over any order, rule, or regulation adopted by the Commissioner of Health under Subchapter D of this chapter.
(f)  A person who violates a proclamation issued under this subchapter commits an offense that is a Parks and Wildlife Code Class C misdemeanor. 
(g)  The commission shall make no proclamation under this chapter until it has approved and adopted an oyster management plan and economic impact analysis prepared by the department as provided in Section 76.302 of this code and unless such proclamation is shown to be consistent with the approved oyster management plan.
(h)  A proclamation of the commission under this section applies to any person who:
(1)  purchases oysters from the captain of a commercial oyster boat, the holder of a commercial oyster boat license, or a member of the crew of a commercial oyster boat;
(2)  purchases oysters under Section 47.0091; and
(3)  holds a shellfish certificate, as defined by Section 436.002, Health and Safety Code.
Added by Acts 1985, 69th Leg., ch. 633, Sec. 1, eff. June 14, 1985.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 6, eff. September 1, 2017.