81R8683 SLB-D
By: Jackson, Mike S.B. No. 2379
A BILL TO BE ENTITLED
AN ACT
relating to responsibility and criminal penalties for certain
violations committed by commercial oyster boat crews.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 76.118, Parks and Wildlife Code, is
amended by amending Subsections (b), (c), and (e) and adding
Subsection (e-1) to read as follows:
(b) A person who violates Section 76.101, 76.107, or
76.109[, or 76.116 of this code] or a regulation of the commission
issued under one of those sections commits an offense that is a
Class B Parks and Wildlife Code misdemeanor.
(c) A person who violates Section 76.116, or at the same
time violates Sections [Section] 76.109 and [either Section]
76.116, [or Section 76.205 of this code] commits an offense that is
a Class A Parks and Wildlife Code misdemeanor.
(e) If it is shown at the trial of a defendant for a
violation of Section 76.101, 76.107, or 76.109[, or 76.116 of this
code] that the defendant has been convicted once within five years
before the trial date of a violation of Section 76.101, 76.107, or
76.109, [or 76.116 of this code,] the defendant is guilty of a Class
A Parks and Wildlife Code misdemeanor.
(e-1) If it is shown at the trial of a defendant for a
violation of Section 76.116 that the defendant has been convicted
once within five years before the trial date of a violation of
Section 76.116, the defendant is guilty of a Parks and Wildlife Code
state jail felony.
SECTION 2. Section 76.119(a), Parks and Wildlife Code, is
amended to read as follows:
(a) If a vessel licensed as a commercial oyster boat is
involved in a violation of this chapter, the captain of the vessel
licensed as a commercial oyster boat is primarily responsible for
the violation. A member of the crew of a vessel licensed as a
commercial oyster boat is not guilty of a violation unless the
member of the crew committed the violation against the captain's
orders, except for a violation of Section 76.109 or 76.116 [of this
subchapter], in which case each person on the vessel is responsible
for the violation.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2009.