H.B. No. 2038 AN ACT relating to certain offenses relating to disturbing or taking marl, sand, gravel, shell, or mudshell or disturbing oyster beds or fishing waters; increasing the criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 86.022, Parks and Wildlife Code, is amended to read as follows: Sec. 86.022. PENALTY. (a) A person who violates Section 86.002 [or 86.018] commits an offense that is a Class B [C] Parks and Wildlife Code misdemeanor. (b) A person who violates Section 86.018 commits an offense that is a Class C Parks and Wildlife Code misdemeanor. SECTION 2. 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 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2038 was passed by the House on April 24, 2019, by the following vote: Yeas 140, Nays 7, 1 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 2038 was passed by the Senate on May 22, 2019, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor