Tex. Parks and Wildlife Code § 76.003: BEDS SUBJECT TO LOCATION.

(a) Except as provided by Subsection (b) and Section 76.004, an oyster bed or reef, other than a natural oyster bed, is subject to location by the department.

(b) The department may subject a natural oyster bed to location if the department determines that the bed is degraded. In determining whether a natural oyster bed is degraded, the department may consider:

(1) the relative abundance of oysters in the area;

(2) the availability of natural cultch material in the area;

(3) sediment overburden in the area;

(4) the amount of time that the area has been exhausted, if the area is exhausted; and

(5) any other criteria the department considers indicative of a degraded oyster bed.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 250 (S.B. 1032), Sec. 2, eff. September 1, 2023.