Texas 2019 - 86th Regular

Texas House Bill HB1828 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1828
	1	+	By: Martinez (Senate Sponsor - Fallon) H.B. No. 1828
	2	+	(In the Senate - Received from the House April 15, 2019;
	3	+	April 16, 2019, read first time and referred to Committee on Water &
	4	+	Rural Affairs; May 1, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	6	+	May 1, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1828 By: Creighton
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to prohibiting the sale and purchase of certain aquatic
6	14		products; creating a criminal offense; increasing a criminal
7	15		penalty.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Subchapter A, Chapter 47, Parks and Wildlife
10	18		Code, is amended by adding Section 47.0121 to read as follows:
11	19		Sec. 47.0121. UNLAWFUL COMMERCIAL SALE OR PURCHASE OF
12	20		AQUATIC PRODUCTS. (a) A person commits an offense if the person
13	21		purchases for resale or receives for sale, barter, exchange,
14	22		transport, or any other commercial purpose aquatic products that
15	23		are taken, possessed, transported, or sold in violation of a
16	24		federal or state law or regulation.
17	25		(b) It is an affirmative defense to prosecution under this
18	26		section that the person:
19	27		(1) had no reason to believe at the time the offense
20	28		was committed that the aquatic products purchased for resale or
21	29		received for sale, barter, exchange, transport, or any other
22	30		commercial purpose were taken, possessed, transported, or sold in
23	31		violation of a federal or state law or regulation; and
24	32		(2) purchased or received the aquatic products
25	33		described by Subdivision (1) from a seller who had a valid
26	34		commercial license to sell aquatic products.
27	35		SECTION 2. Section 47.051, Parks and Wildlife Code, is
28	36		amended to read as follows:
29	37		Sec. 47.051. PENALTY. Except as provided by Sections
30	38		[Section] 47.052 and 47.053 [of this code], a person who violates a
31	39		provision of this chapter commits an offense that is a Class C Parks
32	40		and Wildlife Code misdemeanor.
33	41		SECTION 3. Subchapter C, Chapter 47, Parks and Wildlife
34	42		Code, is amended by adding Section 47.053 to read as follows:
35	43		Sec. 47.053. PENALTY. (a) A person who violates or fails
36	44		to comply with Section 47.0121 commits an offense that is:
37	45		(1) a Class B Parks and Wildlife Code misdemeanor
38	46		punishable by a fine of at least:
39	47		(A) $500 if the weight of the aquatic products
40	48		totals 10 pounds or more but less than 50 pounds; or
41	49		(B) $1,000 if the weight of the aquatic products
42	50		totals 50 pounds or more but less than 100 pounds;
43	51		(2) a Class A Parks and Wildlife Code misdemeanor
44	52		punishable by a fine of at least:
45	53		(A) $1,500 if the weight of the aquatic products
46	54		totals 100 pounds or more but less than 200 pounds; or
47	55		(B) $2,000 if the weight of the aquatic products
48	56		totals 200 pounds or more but less than 300 pounds; or
49	57		(3) a Parks and Wildlife Code state jail felony for
50	58		which, in addition to confinement, the person may be punished by a
51	59		fine of at least:
52	60		(A) $3,000 if the weight of the aquatic products
53	61		totals 300 pounds or more but less than 500 pounds; or
54	62		(B) $4,000 if the weight of the aquatic products
55	63		totals 500 pounds or more.
56	64		(b) An offense under this section may be prosecuted in the
57	65		county in which the aquatic products were unlawfully taken,
58	66		possessed, transported, or sold or in any county through or into
59	67		which the aquatic products were taken or transported.
60	68		(c) When aquatic products are obtained in violation of
61	69		Section 47.0121 under one scheme or continuing course of conduct,
62	70		whether from the same or several sources, the scheme or conduct may
63	71		be considered as one offense and the weight of the aquatic products
64	72		aggregated in determining the grade of the offense.
65	73		SECTION 4. The change in law made by this Act applies only
66	74		to an offense committed on or after the effective date of this Act.
67	75		An offense committed before the effective date of this Act is
68	76		governed by the law in effect on the date the offense was committed,
69	77		and the former law is continued in effect for that purpose. For
70	78		purposes of this section, an offense was committed before the
71	79		effective date of this Act if any element of the offense occurred
72	80		before that date.
73	81		SECTION 5. This Act takes effect September 1, 2019.
74		-	______________________________ ______________________________
75		-	President of the Senate Speaker of the House
76		-	I certify that H.B. No. 1828 was passed by the House on April
77		-	12, 2019, by the following vote: Yeas 113, Nays 28, 1 present, not
78		-	voting; and that the House concurred in Senate amendments to H.B.
79		-	No. 1828 on May 13, 2019, by the following vote: Yeas 121, Nays 18,
80		-	1 present, not voting.
81		-	______________________________
82		-	Chief Clerk of the House
83		-	I certify that H.B. No. 1828 was passed by the Senate, with
84		-	amendments, on May 10, 2019, by the following vote: Yeas 29, Nays
85		-	2.
86		-	______________________________
87		-	Secretary of the Senate
88		-	APPROVED: __________________
89		-	Date
90		-	__________________
91		-	Governor
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