Tex. Parks and Wildlife Code § 76.0205
This is the official text of Tex. Parks and Wildlife Code § 76.0205, part of Texas’s Parks and Wildlife Code — governs state parks, hunting, and fishing.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 76.0205. SUSTAINABILITY OF OYSTER INDUSTRY.
Official statutory text
(a) In order to enhance the viability of commercial oyster fishing and ensure the sustainability of the oyster industry to accommodate the highest number of commercial oyster fishing boats, a person who purchases oysters under Section 47.0091 and holds a shellfish certificate, as defined by Section 436.002, Health and Safety Code, must:
(1) distribute, in an area designated by the department, oyster shells or other cultch material approved by the department in an amount equal to not less than 30 percent of the total volume of oysters purchased by the person in the previous license year; or
(2) pay a fee to the department in an amount calculated under Subsection (c).
(b) The distribution of oyster shells or other cultch material must be directly supervised by an agent or employee of the department.
(c) The department shall calculate the current market cost of the acquisition and deposition of cultch material on a per cubic yard basis. The fee charged under Subsection (a)(2) is the market cost established under this subsection multiplied by 30 percent of the total volume of oysters purchased by the person in the previous license year. The fee charged under this section shall be deposited to the credit of the oyster shell recovery and replacement program account.
(d) A person who possesses oysters that do not meet the requirements of Section 76.112:
(1) shall replace the oysters in the beds from which they were taken as directed by an authorized employee of the department; and
(2) is subject to any penalty and must perform any remedy authorized by law.
(1) distribute, in an area designated by the department, oyster shells or other cultch material approved by the department in an amount equal to not less than 30 percent of the total volume of oysters purchased by the person in the previous license year; or
(2) pay a fee to the department in an amount calculated under Subsection (c).
(b) The distribution of oyster shells or other cultch material must be directly supervised by an agent or employee of the department.
(c) The department shall calculate the current market cost of the acquisition and deposition of cultch material on a per cubic yard basis. The fee charged under Subsection (a)(2) is the market cost established under this subsection multiplied by 30 percent of the total volume of oysters purchased by the person in the previous license year. The fee charged under this section shall be deposited to the credit of the oyster shell recovery and replacement program account.
(d) A person who possesses oysters that do not meet the requirements of Section 76.112:
(1) shall replace the oysters in the beds from which they were taken as directed by an authorized employee of the department; and
(2) is subject to any penalty and must perform any remedy authorized by law.
Status: in_force · Read it on the official government site
Need a lawyer in Texas?
Find a Texas lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.