Texas 2009 - 81st Regular

Texas Senate Bill SB2379 Compare Versions

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1	1	S.B. No. 2379
2	2
3	3
4	4	AN ACT
5	5	relating to responsibility and criminal penalties for certain
6	6	violations committed by commercial oyster boat crews.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 76.001, Parks and Wildlife Code, is
9	9	amended to read as follows:
10	10	Sec. 76.001. DEFINITIONS [NATURAL OYSTER BED]. In this
11	11	chapter:
12	12	(1) "Barrel of oysters" means three boxes of oysters
13	13	in the shell or two gallons of shucked oysters without shells. The
14	14	dimensions of a box are 10 inches by 20 inches by 13-1/2 inches. In
15	15	filling a box for measurement, the oysters may not be piled more
16	16	than 2-1/2 inches above the height of the box at the center.
17	17	(2) "Natural [(a) A natural] oyster bed" means an
18	18	area where [exists when] at least five barrels of oysters are found
19	19	within 2,500 square feet of any position on a reef or bed.
20	20	(3) "Open season" means a period during which it is
21	21	lawful to take oysters.
22	22	[(b) In this section, a barrel of oysters is equal to three
23	23	boxes of oysters in the shell. The dimensions of a box are 10 inches
24	24	by 20 inches by 13-1/2 inches. In filling a box for measurement,
25	25	the oysters may not be piled more than 2-1/2 inches above the height
26	26	of the box at the center. Two gallons of shucked oysters without
27	27	shells equals one barrel of oysters in the shell.]
28	28	SECTION 2. Subsection (a), Section 76.116, Parks and
29	29	Wildlife Code, is amended to read as follows:
30	30	(a) There is no open season for taking oysters from areas
31	31	closed by the [Texas] Department of State Health Services.
32	32	SECTION 3. Section 76.118, Parks and Wildlife Code, is
33	33	amended by amending Subsections (b), (c), and (e) and adding
34	34	Subsection (e-1) to read as follows:
35	35	(b) A person who violates Section 76.101, 76.107, or
36	36	76.109[, or 76.116 of this code] or a regulation of the commission
37	37	issued under one of those sections commits an offense that is a
38	38	Class B Parks and Wildlife Code misdemeanor.
39	39	(c) A person who violates Section 76.116, or at the same
40	40	time violates Sections [Section] 76.109 and [either Section]
41	41	76.116, [or Section 76.205 of this code] commits an offense that is
42	42	a Class A Parks and Wildlife Code misdemeanor.
43	43	(e) If it is shown at the trial of a defendant for a
44	44	violation of Section 76.101, 76.107, or 76.109[, or 76.116 of this
45	45	code] that the defendant has been convicted once within five years
46	46	before the trial date of a violation of Section 76.101, 76.107, or
47	47	76.109, [or 76.116 of this code,] the defendant is guilty of a Class
48	48	A Parks and Wildlife Code misdemeanor.
49	49	(e-1) If it is shown at the trial of a defendant for a
50	50	violation of Section 76.116 that the defendant has been convicted
51	51	once within five years before the trial date of a violation of
52	52	Section 76.116, the defendant is guilty of a Parks and Wildlife Code
53	53	state jail felony.
54	54	SECTION 4. Subsection (a), Section 76.119, Parks and
55	55	Wildlife Code, is amended to read as follows:
56	56	(a) If a vessel licensed as a commercial oyster boat is
57	57	involved in a violation of this chapter, the captain of the vessel
58	58	licensed as a commercial oyster boat is primarily responsible for
59	59	the violation. A member of the crew of a vessel licensed as a
60	60	commercial oyster boat is not guilty of a violation unless the
61	61	member of the crew committed the violation against the captain's
62	62	orders, except for a violation of Section 76.109 or 76.116 [of this
63	63	subchapter], in which case each person on the vessel is responsible
64	64	for the violation.
65	65	SECTION 5. The change in law made by this Act applies only
66	66	to an offense committed on or after the effective date of this Act.
67	67	An offense committed before the effective date of this Act is
68	68	covered by the law in effect when the offense was committed. For
69	69	purposes of this section, an offense was committed before the
70	70	effective date of this Act if any element of the offense occurred
71	71	before that date.
72	72	SECTION 6. This Act takes effect September 1, 2009.
73	73	______________________________ ______________________________
74	74	President of the Senate Speaker of the House
75	75	I hereby certify that S.B. No. 2379 passed the Senate on
76	76	April 24, 2009, by the following vote: Yeas 30, Nays 0.
77	77	______________________________
78	78	Secretary of the Senate
79	79	I hereby certify that S.B. No. 2379 passed the House on
80	80	May 15, 2009, by the following vote: Yeas 144, Nays 0, one
81	81	present not voting.
82	82	______________________________
83	83	Chief Clerk of the House
84	84	Approved:
85	85	______________________________
86	86	Date
87	87	______________________________
88	88	Governor