1. (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.

2. (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. (1) the relative abundance of oysters in the area;
   2. (2) the availability of natural cultch material in the area;
   3. (3) sediment overburden in the area;
   4. (4) the amount of time that the area has been exhausted, if the area is exhausted; and
   5. (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.

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