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Signed Into Law
Signed May 15, 2025Effective 2025-09-01
SB1215

Regular Session

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

Government Affairs & Regulatory Compliance Analysis

SB1215: Government Affairs Overview

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).

Sen. Lois Kolkhorst·Senate Bill·Regular Session

Moderate
Low Cost
Effective:2025-09-01

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SB1215
Moderate
Relating to the placement of a cultivated oyster in a natural oyster bed, a private oyster bed, or coastal waters.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
TPWD
Primary Author: Sen. Lois Kolkhorst
89th Texas Legislature
jdkey.com
01

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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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 11, 2025
Passed Senate
Apr 10, 2025
Passed House
Apr 30, 2025
Signed
May 15, 2025
Effective
Sep 1, 2025
TopicsCoastal Affairs & BeachesParks & WildlifeParks & Wildlife--generalParks & Wildlife--hunting & FishingOystersParks & Wildlife Department
03

Senate Authors

Sen. Lois KolkhorstRepublican · Primary Author
Coauthors (1)

House Sponsor

Rep. Denise VillalobosRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB1215

Q

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).

Q

Who authored SB1215?

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

Q

When was SB1215 signed into law?

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

Q

Which agencies enforce SB1215?

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

Q

How significant are the changes in SB1215?

The regulatory priority for SB1215 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

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.

Q

What topics does SB1215 address?

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

Q

What are the key dates for SB1215?

Key dates for SB1215: Effective date is 2025-09-01. Rulemaking: Adopt Best Management Practices (BMPs) to establish criteria for authorizing oyster placement. (Prior to 2025-09-01 (Implied)). Consult with legal counsel regarding applicability.

Q

What are the penalties under SB1215?

SB1215 establishes the following penalties: Statutory Prohibition (Criminal/Administrative exposure) penalty of Subject to existing Chapter 75 penalty schedules for Placing cultivated oysters in natural beds, private beds, or coastal waters without express written authorization from TPWD.. Consult with legal counsel for specific applicability to your situation.

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JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 25, 2026