Tex. Parks & Wild. Code Section 76.405
License Buyback Program


(a)

The department shall implement a license buyback program for licenses issued under this subchapter as part of the oyster license moratorium program established by this subchapter.

(b)

The commission by rule shall establish criteria, using reasonable classifications, for the department’s use in selecting licenses to be purchased. The department or executive director shall consult with the oyster license moratorium review board concerning establishment of the criteria.

(c)

The department shall retire each license purchased under the license buyback program until the commission finds that management of the oyster fishery allows reissue of those licenses through auction or lottery.

(d)

The department shall set aside an amount determined by commission rule that is at least 20 percent of the fees from licenses issued under this subchapter to be used only for the purpose of buying back commercial oyster boat licenses from willing license holders. That money shall be sent to the comptroller for deposit to the credit of the game, fish, and water safety account.

(e)

The department may solicit and accept grants and donations of money or materials from private or public sources for the purpose of buying back licenses issued under this subchapter from willing license holders.

(f)

Money to be used for the purpose of buying back licenses issued under this subchapter is not subject to Section 403.095 (Use of Dedicated Revenue), Government Code.

(g)

The commission shall consider the social and economic viability of the oyster industry and input from the oyster license moratorium review board regarding the reissue of commercial oyster boat licenses through auction or lottery.
Added by Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 8, eff. June 1, 2018.

Source: Section 76.405 — License Buyback Program, https://statutes.­capitol.­texas.­gov/Docs/PW/htm/PW.­76.­htm#76.­405 (accessed Apr. 20, 2024).

76.001
Definitions
76.002
Designation of Public and Private Beds
76.003
Beds Subject to Location
76.004
Riparian Rights
76.005
Affidavit of Riparian Rights
76.006
Application for Location
76.007
Maximum Acreage Under Location
76.008
Lease or Control by Foreign Corporation Prohibited
76.009
Examination and Survey of Location
76.012
Locator’s Certificate
76.015
Rights of Locator
76.017
Location Rental Fees
76.018
Location Rental Term
76.019
Procedures for Sale or Transfer of Location Rental
76.020
Oyster Shell Recovery and Replacement Program
76.021
Oyster Shell Recovery and Replacement Program Account
76.022
Certificates of Location for Restoration Purposes
76.031
Application for Permit
76.032
Discretion to Issue Permit
76.033
Conditions of Permit
76.035
Oysters Property of Permittee
76.036
Marking Beds
76.037
Theft of Oysters from Private Bed
76.038
Interference with Buoys or Markers
76.039
Prohibited Sales
76.040
Penalties
76.101
Oyster Licenses Required
76.102
License Application
76.103
Types of Licenses
76.104
License Fees
76.107
Sale of Sport Oysters Prohibited
76.109
Night Dredging Prohibited
76.112
Oyster Size Limits
76.114
Exception to Size and Retention Limits
76.115
Closing Areas
76.116
Oysters from Restricted Areas
76.117
Obedience to Orders
76.118
Penalties
76.119
Responsibility for Violation
76.0205
Sustainability of Oyster Industry
76.301
Regulation of Taking, Possession, Purchase, and Sale of Oysters
76.302
Research Program
76.303
Sale of Raw Oysters for Consumption Within This State
76.304
Vessel Monitoring System
76.401
Oyster License Moratorium Program
76.402
Issuance and Renewal of Commercial Oyster Boat Licenses
76.403
Oyster License Moratorium Review Board
76.404
Program Administration
76.405
License Buyback Program
76.406
Prevailing Authority
76.1031
License Expirations and Transfers
76.1041
License Display and Design
76.1181
Suspension of License

Accessed:
Apr. 20, 2024

§ 76.405’s source at texas​.gov