Texas 2019 - 86th Regular

Texas House Bill HB2321 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2321
	1	+	By: Morrison (Senate Sponsor - Hinojosa) H.B. No. 2321
	2	+	(In the Senate - Received from the House May 2, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on
	4	+	Agriculture; May 8, 2019, reported favorably by the following
	5	+	vote: Yeas 4, Nays 0; May 8, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the regulation of oyster harvesting; increasing a
6	12		criminal penalty.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Sections 76.118(c), (e-2), (e-3), (e-4), and
9	15		(g), Parks and Wildlife Code, are amended to read as follows:
10	16		(c) A person who violates [Section 76.116, or at the same
11	17		time violates] Sections 76.109 and either Section 76.115 or 76.116
12	18		in the same criminal episode[,] commits an offense that is a Class A
13	19		Parks and Wildlife Code misdemeanor.
14	20		(e-2) An offense related to oyster size or the harvest of
15	21		oysters from a closed area is a Class B Parks and Wildlife Code
16	22		misdemeanor if it is shown on the trial of the offense that [The
17	23		punishment for an offense otherwise punishable under Subsection (a)
18	24		is a Class B Parks and Wildlife misdemeanor if it is shown on the
19	25		trial of the offense that:
20	26		[(1) the defendant is the captain of a commercial
21	27		oyster boat or a member of the crew of a commercial oyster boat;
22	28		[(2) the provision or regulation violated relates to
23	29		oyster size; and
24	30		[(3)] the defendant has previously been convicted at
25	31		least twice for a violation of a provision or regulation relating to
26	32		oyster size or the harvest of oysters from a closed area.
27	33		(e-3) An [The punishment for an] offense during the
28	34		commission of which the defendant was in possession of a cargo of
29	35		oysters in which 30 percent or more of the oysters measured less
30	36		than three inches in length along an imaginary straight line
31	37		through the long axis of the shell or an offense related to the
32	38		harvest of oysters from a closed area [otherwise punishable under
33	39		Subsection (a)] is a Class B [C] Parks and Wildlife Code
34	40		misdemeanor, [with an attendant license suspension under Section
35	41		76.1181,] if it is shown on the trial of the offense that[:
36	42		[(1) the defendant is the captain of a commercial
37	43		oyster boat or a member of the crew of a commercial oyster boat;
38	44		[(2) the provision or regulation violated relates to
39	45		oyster size and the defendant was in possession of a cargo of
40	46		oysters in which 30 percent or more of the oysters measured less
41	47		than three inches in length along an imaginary straight line
42	48		through the long axis of the shell; and
43	49		[(3)] the defendant has previously been convicted one
44	50		time for a violation of a provision or regulation relating to:
45	51		(1) oyster size and the defendant was in possession of
46	52		a cargo of oysters in which 30 percent or more of the oysters
47	53		measured less than three inches in length along an imaginary
48	54		straight line through the long axis of the shell; or
49	55		(2) the harvest of oysters from a closed area.
50	56		(e-4) The punishment for an offense otherwise punishable
51	57		under Subsection (a) is a Class A [B] Parks and Wildlife Code
52	58		misdemeanor, with an attendant license suspension under Section
53	59		76.1181, if it is shown on the trial of the offense that:
54	60		(1) the defendant is the captain of a commercial
55	61		oyster boat or a member of the crew of a commercial oyster boat;
56	62		(2) the provision or regulation violated relates to:
57	63		(A) oyster size and the defendant was in
58	64		possession of a cargo of oysters in which 30 percent or more of the
59	65		oysters measured less than three inches in length along an
60	66		imaginary straight line through the long axis of the shell; or
61	67		(B) the harvest of oysters from a closed area;
62	68		and
63	69		(3) the defendant has previously been convicted at
64	70		least two times for a violation of a provision or regulation
65	71		relating to:
66	72		(A) oyster size and the defendant during both
67	73		offenses was in possession of a cargo of oysters in which 30 percent
68	74		or more of the oysters measured less than three inches in length
69	75		along an imaginary straight line through the long axis of the shell;
70	76		or
71	77		(B) the harvest of oysters from a closed area.
72	78		(g) If it is shown on [at] the trial of a defendant for a
73	79		violation [at the same time] of Section 76.109 and either Section
74	80		76.115 or 76.116 occurring in the same criminal episode [or Section
75	81		76.205 of this code] that the defendant has been convicted once
76	82		before within five years before the trial date of a violation [at
77	83		the same time] of Section 76.109 and either Section 76.115 or 76.116
78	84		[or 76.205 of this code] occurring in the same criminal episode, the
79	85		defendant is guilty of a Parks and Wildlife Code felony.
80	86		SECTION 2. The change in law made by this Act applies only
81	87		to an offense committed on or after the effective date of this Act.
82	88		An offense committed before the effective date of this Act is
83	89		governed by the law in effect on the date the offense was committed,
84	90		and the former law is continued in effect for that purpose. For
85	91		purposes of this section, an offense was committed before the
86	92		effective date of this Act if any element of the offense occurred
87	93		before that date.
88	94		SECTION 3. This Act takes effect September 1, 2019.
89		-	______________________________ ______________________________
90		-	President of the Senate Speaker of the House
91		-	I certify that H.B. No. 2321 was passed by the House on May 2,
92		-	2019, by the following vote: Yeas 133, Nays 7, 1 present, not
93		-	voting.
94		-	______________________________
95		-	Chief Clerk of the House
96		-	I certify that H.B. No. 2321 was passed by the Senate on May
97		-	15, 2019, by the following vote: Yeas 31, Nays 0.
98		-	______________________________
99		-	Secretary of the Senate
100		-	APPROVED: _____________________
101		-	Date
102		-	_____________________
103		-	Governor
	95	+	* * * * *