Issue Date: 1989-10-04
Revised Date: 2019-09-01

Legal Cites

Object Type

Cash — Parks and Wildlife

Origin Date

September 1, 1989 by H.B. 1821, 71st Leg., R.S.

Description

A certified shellfish dealer who handles oysters taken from water of this state shall pay the Department of State Health Services a fee of $1 per barrel of oysters harvested, purchased, handled or processed by the dealer. For purposes of assessing the fees, three 100 lb. containers equal one barrel of oysters. A dealer may not purchase or pack in excess of 110 lb. in weight. Violation receives a $5.00 penalty for each container exceeding 110 lb. in weight. A dealer who fails to pay the fee or penalty in full within a prescribed period is liable for an additional penalty of 10% of the amount due.

Wholesale fish dealers, with a shellfish certificate, purchasing oysters must pay fee charged by the Texas Parks and Wildlife Department. The fee is market cost multiplied by 30 percent of the total volume of oysters purchased by the dealer in the previous license year.  The fee is deposited to the oyster shell recovery and replacement program subaccount in GR Account 0009 - Game, Fish, and Water Safety.

Cultivated oyster mariculture permit fees deposited to the ultivated oyster mariculture cleanup subaccount in GR Account 0009 - Game, Fish, and Water Safety.

Due Date

For the fee by Department of State Health Services, not later than 30th day of month following the month in which the barrel was handled. For the fee collected by the Texas Parks and Wildlife, as determined by the department.

Note

Amended by S.B. 556, 73rd Leg., R.S.

Amended by S.B. 1685, 76th Leg., R.S.

Previously 2% transferred to Comptroller Operating Fund Account (No. 0062), abolished per § 403.092, Government Code, effective August 31, 1995. Now deposited to General Revenue Fund (No. 0001).

Transferred from Texas Department of Health, Agency 501 to Agency 537 by H.B. 2292, 78th Leg., R.S.

H.B. 51, 85th Leg., R.S. added new oyster fee collected by Texas Parks and Wildlife and deposited to the oyster shell recovery and replacement program subaccount.

Cultivated oyster mariculture permit fees and corresponding subaccount added by H.B. 1300, 86th Leg., R.S.

USAS Values

Appropriation Year 20
USAS Title OYSTER FEES
Receipt Category 10 – Parks and Wildlife
Receipt Type 10 – Business/Professional Fees
Object Group 30 – Revenues
USAS Status A
Rev/Exp Category 01 – LICENSES, FEES, FINES, AND PENALTIES