H.B. No. 2321
AN ACT
relating to the regulation of oyster harvesting; increasing a
criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 76.118(c), (e-2), (e-3), (e-4), and
(g), Parks and Wildlife Code, are amended to read as follows:
(c) A person who violates [Section 76.116, or at the same
time violates] Sections 76.109 and either Section 76.115 or 76.116
in the same criminal episode[,] commits an offense that is a Class A
Parks and Wildlife Code misdemeanor.
(e-2) An offense related to oyster size or the harvest of
oysters from a closed area is a Class B Parks and Wildlife Code
misdemeanor if it is shown on the trial of the offense that [The
punishment for an offense otherwise punishable under Subsection (a)
is a Class B Parks and Wildlife misdemeanor if it is shown on the
trial of the offense that:
[(1) the defendant is the captain of a commercial
oyster boat or a member of the crew of a commercial oyster boat;
[(2) the provision or regulation violated relates to
oyster size; and
[(3)] the defendant has previously been convicted at
least twice for a violation of a provision or regulation relating to
oyster size or the harvest of oysters from a closed area.
(e-3) An [The punishment for an] offense during the
commission of which the defendant was in possession of a cargo of
oysters in which 30 percent or more of the oysters measured less
than three inches in length along an imaginary straight line
through the long axis of the shell or an offense related to the
harvest of oysters from a closed area [otherwise punishable under
Subsection (a)] is a Class B [C] Parks and Wildlife Code
misdemeanor, [with an attendant license suspension under Section
76.1181,] if it is shown on the trial of the offense that[:
[(1) the defendant is the captain of a commercial
oyster boat or a member of the crew of a commercial oyster boat;
[(2) the provision or regulation violated relates to
oyster size and the defendant was in possession of a cargo of
oysters in which 30 percent or more of the oysters measured less
than three inches in length along an imaginary straight line
through the long axis of the shell; and
[(3)] the defendant has previously been convicted one
time for a violation of a provision or regulation relating to:
(1) oyster size and the defendant was in possession of
a cargo of oysters in which 30 percent or more of the oysters
measured less than three inches in length along an imaginary
straight line through the long axis of the shell; or
(2) the harvest of oysters from a closed area.
(e-4) The punishment for an offense otherwise punishable
under Subsection (a) is a Class A [B] Parks and Wildlife Code
misdemeanor, with an attendant license suspension under Section
76.1181, if it is shown on the trial of the offense that:
(1) the defendant is the captain of a commercial
oyster boat or a member of the crew of a commercial oyster boat;
(2) the provision or regulation violated relates to:
(A) oyster size and the defendant was in
possession of a cargo of oysters in which 30 percent or more of the
oysters measured less than three inches in length along an
imaginary straight line through the long axis of the shell; or
(B) the harvest of oysters from a closed area;
and
(3) the defendant has previously been convicted at
least two times for a violation of a provision or regulation
relating to:
(A) oyster size and the defendant during both
offenses was in possession of a cargo of oysters in which 30 percent
or more of the oysters measured less than three inches in length
along an imaginary straight line through the long axis of the shell;
or
(B) the harvest of oysters from a closed area.
(g) If it is shown on [at] the trial of a defendant for a
violation [at the same time] of Section 76.109 and either Section
76.115 or 76.116 occurring in the same criminal episode [or Section
76.205 of this code] that the defendant has been convicted once
before within five years before the trial date of a violation [at
the same time] of Section 76.109 and either Section 76.115 or 76.116
[or 76.205 of this code] occurring in the same criminal episode, the
defendant is guilty of a Parks and Wildlife Code felony.
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 September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2321 was passed by the House on May 2,
2019, by the following vote: Yeas 133, Nays 7, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2321 was passed by the Senate on May
15, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor