Texas 2019 - 86th Regular

Texas Senate Bill SB761 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R6076 SLB-F
2	2	By: Hinojosa S.B. No. 761
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of oyster harvesting; increasing a
8	8	criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 76.118(c), (e-2), (e-3), (e-4), and
11	11	(g), Parks and Wildlife Code, are amended to read as follows:
12	12	(c) A person who violates [Section 76.116, or at the same
13	13	time violates] Sections 76.109 and either Section 76.115 or 76.116
14	14	in the same criminal episode[,] commits an offense that is a Class A
15	15	Parks and Wildlife Code misdemeanor.
16	16	(e-2) An offense related to oyster size or the harvest of
17	17	oysters from a closed area is a Class B Parks and Wildlife Code
18	18	misdemeanor if it is shown on the trial of the offense that [The
19	19	punishment for an offense otherwise punishable under Subsection (a)
20	20	is a Class B Parks and Wildlife misdemeanor if it is shown on the
21	21	trial of the offense that:
22	22	[(1) the defendant is the captain of a commercial
23	23	oyster boat or a member of the crew of a commercial oyster boat;
24	24	[(2) the provision or regulation violated relates to
25	25	oyster size; and
26	26	[(3)] the defendant has previously been convicted at
27	27	least twice for a violation of a provision or regulation relating to
28	28	oyster size or the harvest of oysters from a closed area.
29	29	(e-3) An [The punishment for an] offense during the
30	30	commission of which the defendant was in possession of a cargo of
31	31	oysters in which 30 percent or more of the oysters measured less
32	32	than three inches in length along an imaginary straight line
33	33	through the long axis of the shell or an offense related to the
34	34	harvest of oysters from a closed area [otherwise punishable under
35	35	Subsection (a)] is a Class B [C] Parks and Wildlife Code
36	36	misdemeanor, [with an attendant license suspension under Section
37	37	76.1181,] if it is shown on the trial of the offense that[:
38	38	[(1) the defendant is the captain of a commercial
39	39	oyster boat or a member of the crew of a commercial oyster boat;
40	40	[(2) the provision or regulation violated relates to
41	41	oyster size and the defendant was in possession of a cargo of
42	42	oysters in which 30 percent or more of the oysters measured less
43	43	than three inches in length along an imaginary straight line
44	44	through the long axis of the shell; and
45	45	[(3)] the defendant has previously been convicted one
46	46	time for a violation of a provision or regulation relating to:
47	47	(1) oyster size and the defendant was in possession of
48	48	a cargo of oysters in which 30 percent or more of the oysters
49	49	measured less than three inches in length along an imaginary
50	50	straight line through the long axis of the shell; or
51	51	(2) the harvest of oysters from a closed area.
52	52	(e-4) The punishment for an offense otherwise punishable
53	53	under Subsection (a) is a Class A [B] Parks and Wildlife Code
54	54	misdemeanor, with an attendant license suspension under Section
55	55	76.1181, if it is shown on the trial of the offense that:
56	56	(1) the defendant is the captain of a commercial
57	57	oyster boat or a member of the crew of a commercial oyster boat;
58	58	(2) the provision or regulation violated relates to:
59	59	(A) oyster size and the defendant was in
60	60	possession of a cargo of oysters in which 30 percent or more of the
61	61	oysters measured less than three inches in length along an
62	62	imaginary straight line through the long axis of the shell; or
63	63	(B) the harvest of oysters from a closed area;
64	64	and
65	65	(3) the defendant has previously been convicted at
66	66	least two times for a violation of a provision or regulation
67	67	relating to:
68	68	(A) oyster size and the defendant during both
69	69	offenses was in possession of a cargo of oysters in which 30 percent
70	70	or more of the oysters measured less than three inches in length
71	71	along an imaginary straight line through the long axis of the shell;
72	72	or
73	73	(B) the harvest of oysters from a closed area.
74	74	(g) If it is shown on [at] the trial of a defendant for a
75	75	violation [at the same time] of Section 76.109 and either Section
76	76	76.115 or 76.116 occurring in the same criminal episode [or Section
77	77	76.205 of this code] that the defendant has been convicted once
78	78	before within five years before the trial date of a violation [at
79	79	the same time] of Section 76.109 and either Section 76.115 or 76.116
80	80	[or 76.205 of this code] occurring in the same criminal episode, the
81	81	defendant is guilty of a Parks and Wildlife Code felony.
82	82	SECTION 2. The change in law made by this Act applies only
83	83	to an offense committed on or after the effective date of this Act.
84	84	An offense committed before the effective date of this Act is
85	85	governed by the law in effect on the date the offense was committed,
86	86	and the former law is continued in effect for that purpose. For
87	87	purposes of this section, an offense was committed before the
88	88	effective date of this Act if any element of the offense occurred
89	89	before that date.
90	90	SECTION 3. This Act takes effect September 1, 2019.