Sec. 76.005. AFFIDAVIT OF RIPARIAN RIGHTS. (a) The department may require the owner of riparian rights described in Section 76.004 of this code when offering oysters for sale to make an affidavit stating that the oysters were produced on his property.
(b) The failure of an owner of riparian rights described in Section 76.004(a) to have an affidavit when required by the department or to show it to a game warden on request or to the person to whom the oysters are offered for sale when required by the department is prima facie evidence that the oysters were produced from public beds.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 78 (H.B. 1346), Sec. 4, eff. May 19, 2011.
Structure Texas Statutes
Title 5 - Wildlife and Plant Conservation
Subtitle D - Crustaceans and Mollusks
Subchapter A. Public and Private Oyster Beds
Section 76.002. Designation of Public and Private Beds
Section 76.003. Beds Subject to Location
Section 76.004. Riparian Rights
Section 76.005. Affidavit of Riparian Rights
Section 76.006. Application for Location; Fee
Section 76.007. Maximum Acreage Under Location
Section 76.008. Lease or Control by Foreign Corporation Prohibited
Section 76.009. Examination and Survey of Location
Section 76.012. Locator's Certificate
Section 76.015. Rights of Locator
Section 76.017. Location Rental Fees
Section 76.018. Location Rental Term; Renewal; Auction
Section 76.019. Procedures for Sale or Transfer of Location Rental
Section 76.020. Oyster Shell Recovery and Replacement Program
Section 76.0205. Sustainability of Oyster Industry
Section 76.021. Oyster Shell Recovery and Replacement Program Account; Fee