By: Martinez (Senate Sponsor - Fallon) H.B. No. 1828
(In the Senate - Received from the House April 15, 2019;
April 16, 2019, read first time and referred to Committee on Water &
Rural Affairs; May 1, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 1, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1828 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the sale and purchase of certain aquatic
products; creating a criminal offense; increasing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 47, Parks and Wildlife
Code, is amended by adding Section 47.0121 to read as follows:
Sec. 47.0121. UNLAWFUL COMMERCIAL SALE OR PURCHASE OF
AQUATIC PRODUCTS. (a) A person commits an offense if the person
purchases for resale or receives for sale, barter, exchange,
transport, or any other commercial purpose aquatic products that
are taken, possessed, transported, or sold in violation of a
federal or state law or regulation.
(b) It is an affirmative defense to prosecution under this
section that the person:
(1) had no reason to believe at the time the offense
was committed that the aquatic products purchased for resale or
received for sale, barter, exchange, transport, or any other
commercial purpose were taken, possessed, transported, or sold in
violation of a federal or state law or regulation; and
(2) purchased or received the aquatic products
described by Subdivision (1) from a seller who had a valid
commercial license to sell aquatic products.
SECTION 2. Section 47.051, Parks and Wildlife Code, is
amended to read as follows:
Sec. 47.051. PENALTY. Except as provided by Sections
[Section] 47.052 and 47.053 [of this code], a person who violates a
provision of this chapter commits an offense that is a Class C Parks
and Wildlife Code misdemeanor.
SECTION 3. Subchapter C, Chapter 47, Parks and Wildlife
Code, is amended by adding Section 47.053 to read as follows:
Sec. 47.053. PENALTY. (a) A person who violates or fails
to comply with Section 47.0121 commits an offense that is:
(1) a Class B Parks and Wildlife Code misdemeanor
punishable by a fine of at least:
(A) $500 if the weight of the aquatic products
totals 10 pounds or more but less than 50 pounds; or
(B) $1,000 if the weight of the aquatic products
totals 50 pounds or more but less than 100 pounds;
(2) a Class A Parks and Wildlife Code misdemeanor
punishable by a fine of at least:
(A) $1,500 if the weight of the aquatic products
totals 100 pounds or more but less than 200 pounds; or
(B) $2,000 if the weight of the aquatic products
totals 200 pounds or more but less than 300 pounds; or
(3) a Parks and Wildlife Code state jail felony for
which, in addition to confinement, the person may be punished by a
fine of at least:
(A) $3,000 if the weight of the aquatic products
totals 300 pounds or more but less than 500 pounds; or
(B) $4,000 if the weight of the aquatic products
totals 500 pounds or more.
(b) An offense under this section may be prosecuted in the
county in which the aquatic products were unlawfully taken,
possessed, transported, or sold or in any county through or into
which the aquatic products were taken or transported.
(c) When aquatic products are obtained in violation of
Section 47.0121 under one scheme or continuing course of conduct,
whether from the same or several sources, the scheme or conduct may
be considered as one offense and the weight of the aquatic products
aggregated in determining the grade of the offense.
SECTION 4. 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
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. 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 5. This Act takes effect September 1, 2019.
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