This section creates the commercial oyster mariculture advisory board, sets its membership and appointments, and gives it advisory duties.
Sec. 75.0108. COMMERCIAL OYSTER MARICULTURE ADVISORY BOARD. (a) In this section, "advisory board" means the commercial oyster mariculture advisory board established under this section. (b) The commercial oyster mariculture advisory board is established within the department to advise all state agencies with regulatory authority over the commercial oyster mariculture industry. (c) The advisory board consists of seven members appointed by the governor as follows: (1) four members must: (A) represent the commercial oyster mariculture industry, seafood industry, or related industries; and (B) have a documented interest in the promotion of entrepreneurship, free enterprise, and the increased use, consumption, marketing, and sale of native oysters in this state; and (2) three members must: (A) represent the scientific and conservation community in this state; and (B) have a documented interest in the sustainability of the natural coastal environment of this state. (d) At least one advisory board member must be a member of the department's oyster advisory workgroup. (e) Advisory board members serve staggered five-year terms, with the terms of one or two members expiring February 1 of each year. (f) If a vacancy occurs on the advisory board, the governor shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term. (g) The governor shall designate an advisory board member described by Subsection (c)(1) to serve as the advisory board's presiding officer for a one-year term. The presiding officer may vote on any matter before the advisory board. (h) Advisory board members serve without compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing official duties authorized by the office of the governor. (i) The advisory board shall make recommendations to the governor and all relevant agencies concerning the commercial oyster mariculture industry, including recommendations regarding: (1) the promotion of the use, consumption, marketing, and sale of maricultured oysters; (2) the promotion of sustainable commercial oyster mariculture; and (3) commercial oyster mariculture permits and regulations. (j) In performing the advisory board's duties under this section, the advisory board may consult with: (1) industry and academic resources; and (2) agencies of this state and the United States, including the: (A) department; (B) General Land Office; (C) Department of State Health Services, including the seafood and aquatic life unit; (D) National Marine Fisheries Service; (E) United States Army Corps of Engineers; and (F) United States Coast Guard. (k) Chapter 2110, Government Code, does not apply to the advisory board. Added by Acts 2023, 88th Leg., R.S., Ch. 230 (H.B. 1809), Sec. 1, eff. May 27, 2023.