HBA-MPM H.B. 1954 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1954
By: Zbranek
Public Health
3/8/2001
Introduced



BACKGROUND AND PURPOSE 

In 1999, the 76th Legislature amended the Texas Aquatic Life Act by
requiring oyster dealers to pay a fee and establishing the Texas Oyster
Council (council) and an Oyster Advisory Committee (committee). House Bill
1954 establishes a method by which the comptroller is to monitor the
compliance of the payment of the oyster fee, entitles members of the
council and committee to certain reimbursement expenses, and modifies the
composition of the committee.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1954 amends the Health and Safety Code to require the
comptroller of public accounts (comptroller) in monitoring the compliance
of the payment of fees for oysters harvested, purchased, handled, or
processed by a certified shellfish dealer to compare on a monthly or annual
basis records of fees collected to data collected by the Parks and Wildlife
Department relating to oyster barrel purchases. If the comptroller finds a
discrepancy between the two sources of information, the bill authorizes the
comptroller to consult the dealer's log required by the National Shellfish
Sanitation Program to resolve the discrepancy.  The bill permits the
comptroller to use this process in lieu of any other administrative process
used to determine compliance.  The bill provides that a finding by the
comptroller of a discrepancy that reflects an underreporting of oysters
harvested, purchased, handled, or processed by a dealer constitutes prima
facie evidence of a violation in any administrative proceeding under the
Texas Aquatic Life Act.   

The bill entitles a member of the Texas Oyster Council for reimbursement of
certain expenses. 

H.B. 1954 amends the Agriculture Code to entitle a member of the Oyster
Advisory Committee (committee) to reimbursement for certain expenses.  The
bill specifies that the reimbursement must be paid from fees on oyster
sales and related penalties or from any other revenue as provided by the
General Appropriations Act.  The bill modifies the composition of the
committee to reduce from six to three the number of members appointed who
are oyster dealers and adds one representative each from the grocery retail
business, the restaurant industry, and a researcher or instructor from an
institution of higher education that specializes in food science.  

EFFECTIVE DATE

September 1, 2001.