SB1215

Regular Session

Relating to the placement of a cultivated oyster in a natural oyster bed, a private oyster bed, or coastal waters.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Parks and Wildlife Department (TPWD)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025.
Compliance Deadline: September 1, 2025. (Note: There is no grace period. Placements occurring on or after this date without the new written authorization are statutory violations.)
Agency Rulemaking: TPWD must adopt Best Management Practices (BMPs) to establish criteria for authorization. We anticipate proposed rules in the *Texas Register* between May and July 2025.
*Warning:* If TPWD fails to finalize BMPs by September 1, a "regulatory lock" will occur where placement is illegal, but the mechanism to authorize it does not yet exist.

Immediate Action Plan

Audit Fall Deployment Schedules: Identify any placements planned for September/October 2025 and prepare for administrative delays.
Engage in Rulemaking: Prepare to submit public comments during the May-July window to ensure BMPs are commercially viable.
Verify Insurance: Confirm with your broker that your marine liability and pollution policies remain valid; operating without this specific permit could trigger "illegal acts" exclusions.
Contact Hatcheries: Put suppliers on notice that Fall 2025 orders are contingent upon meeting the new TPWD BMP standards.

Operational Changes Required

Contracts

Hatchery Supply Agreements: Amend immediately to require suppliers to provide biological data (genetics/pathology) compliant with forthcoming TPWD BMPs. Include clauses defining liability if stock is rejected by TPWD.
Sales/Delivery Contracts: Insert or strengthen Force Majeure provisions to cover "regulatory delays," protecting your business from breach of contract if TPWD delays authorization issuance.
Lease Agreements: Indemnify leaseholders against violations caused by sub-lessees or contractors placing unauthorized stock.

Hiring/Training

Logistics Protocols: Implement a "No Permit, No Departure" policy. Vessel captains must be trained to verify the physical presence of the TPWD Written Authorization on board before leaving the dock.
Compliance Staff: Designate a point person to monitor the *Texas Register* for the release of the BMP criteria.

Reporting & Record-Keeping

New Authorization Forms: Prepare to file a specific "Request for Written Authorization" for every deployment event.
Deployment Logs: Maintain strict logs correlating the *authorized* quantity/coordinates with the *actual* placement data to satisfy Game Warden inspections.
Scientific Records: You must retain proof of BMP compliance (e.g., hatchery certificates, health reports) for all deployed stock.

Fees & Costs

Testing Costs: While the bill lists no state fee, budget for increased costs associated with genetic testing or pathology reports likely to be required by the new BMPs.
Inventory Risk: Budget for potential inventory loss or maintenance costs if deployments are delayed by agency processing lags.

Strategic Ambiguities & Considerations

Definition of BMPs: The specific biological criteria (ploidy, genetic strain, disease clearance) are currently undefined. Restrictive BMPs could render current hatchery inventory legally undeployable.
Processing Timelines: The statute does not impose a deadline on TPWD to approve/deny requests. The lack of a "deemed approved" provision creates significant operational risk regarding inventory spoilage.
"Coastal Waters" Scope: The broad inclusion of "coastal waters" implies that experimental, research, or restoration placements outside established leases are subject to the same rigorous authorization process.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCoastal Affairs & Beaches Parks & Wildlife Parks & Wildlife--general Parks & Wildlife--hunting & Fishing Oysters Parks & Wildlife Department

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 1215
89R8022 BEE-D	By: Kolkhorst
	Water, Agriculture and Rural Affairs
	3/10/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In 2019, H.B. 1300 (86th Legislature, Regular Session) was enacted, establishing the oyster mariculture industry in Texas. This law allowed for the cultivation of oysters in controlled environments but also explicitly prohibited the introduction of cultivated oysters into natural oyster beds. This was done to safeguard the integrity of natural oyster populations, prevent the spread of diseases, and protect the ecological balance of these important marine environments. However, the law did not provide a clear process for placing cultivated oysters in private oyster beds or coastal waters, which could be part of the ongoing growth of the oyster mariculture industry in the state.

S.B. 1215, as currently filed, amends Section 2 of Chapter 75 of the Parks and Wildlife Code with the addition of Section 75.01045. The amending language allows for the placement of cultivated (farmed) oysters on natural or private oyster beds and within coastal waters with written authorization from the Texas Parks and Wildlife Department (TPWD). The bill adds that TPWD should use best management practices to authorize the placement of cultivated oysters.

As proposed, S.B. 1215 amends current law relating to the placement of a cultivated oyster in a natural oyster bed, a private oyster bed, or coastal waters.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 75, Parks and Wildlife Code, by adding Section 75.01045, as follows:

Sec. 75.01045. PLACEMENT OF CULTIVATED OYSTERS IN CERTAIN LOCATIONS WITH DEPARTMENT APPROVAL. (a) Authorizes a person to place a cultivated oyster in a natural oyster bed, a private oyster bed, or coastal waters if the Texas Parks and Wildlife Department (TPWD) authorizes the placement in writing.

(b) Requires TPWD to adopt best management practices for authorizing the placement of cultivated oysters under this section.

SECTION 2. Amends Section 75.0106(b), Parks and Wildlife Code, to prohibit a person from placing a cultivated oyster in a natural oyster bed, a private oyster bed, or coastal waters, except as authorized by Section 75.01045, and to make nonsubstantive changes.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Lois KolkhorstRepublican · Primary Author

Coauthors (1)

Peter Flores (R)

House Sponsor

Rep. Denise VillalobosRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 1215

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the placement of a cultivated oyster in a natural oyster
	bed, a private oyster bed, or coastal waters.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 75, Parks and Wildlife Code, is amended
	by adding Section 75.01045 to read as follows:
	Sec. 75.01045. PLACEMENT OF CULTIVATED OYSTERS IN CERTAIN
	LOCATIONS WITH DEPARTMENT APPROVAL. (a) A person may place a
	cultivated oyster in a natural oyster bed, a private oyster bed, or
	coastal waters if the department authorizes the placement in
	writing.
	(b) The department shall adopt best management practices
	for authorizing the placement of cultivated oysters under this
	section.
	SECTION 2. Section 75.0106(b), Parks and Wildlife Code, is
	amended to read as follows:
	(b) No person may place a cultivated oyster in a natural
	oyster bed, a [or] private oyster bed, or coastal waters, except as
	authorized by Section 75.01045.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 12, 2025

TO:	Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture and Rural Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1215 by Kolkhorst (Relating to the placement of a cultivated oyster in a natural oyster bed, a private oyster bed, or coastal waters.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

802 Parks and Wildlife Department

LBB Staff:

JMc, FV, MW, RSTE

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Frequently Asked Questions

Common questions about SB1215

What does Texas SB1215 do?

SB1215 mandates that effective September 1, 2025, no cultivated oysters may be placed in any Texas coastal waters, natural beds, or private beds without specific written authorization from the Texas Parks and Wildlife Department (TPWD). This legislation creates a statutory hard stop for commercial mariculture operators, private leaseholders, and restoration contractors, conditioning all future deployments on adherence to forthcoming "Best Management Practices" (BMPs). Implementation Timeline Effective Date: September 1, 2025.

Who authored SB1215?

SB1215 was authored by Texas Senator Lois Kolkhorst during the Regular Session.

When was SB1215 signed into law?

SB1215 was signed into law by Governor Greg Abbott on May 15, 2025.

Which agencies enforce SB1215?

SB1215 is enforced by Texas Parks and Wildlife Department (TPWD).

How urgent is compliance with SB1215?

The compliance urgency for SB1215 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1215?

The cost impact of SB1215 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB1215 address?

SB1215 addresses topics including coastal affairs & beaches, parks & wildlife, parks & wildlife--general, parks & wildlife--hunting & fishing and oysters.

Legislative data provided by LegiScanLast updated: November 25, 2025

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