Texas 2019 - 86th Regular

Texas Senate Bill SB899 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R6072 AAF-F
1	2		By: Fallon S.B. No. 899
2		-	(In the Senate - Filed March 1, 2019; March 1, 2019, read
3		-	first time and referred to Committee on Water & Rural Affairs;
4		-	April 11, 2019, reported favorably by the following vote: Yeas 7,
5		-	Nays 0; April 11, 2019, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to prohibiting the sale and purchase of certain aquatic
12	8		products; creating a criminal offense; increasing a criminal
13	9		penalty.
14	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	11		SECTION 1. Subchapter A, Chapter 47, Parks and Wildlife
16	12		Code, is amended by adding Section 47.0121 to read as follows:
17	13		Sec. 47.0121. UNLAWFUL COMMERCIAL SALE OR PURCHASE OF
18	14		AQUATIC PRODUCTS. A person commits an offense if the person
19	15		purchases for resale or receives for sale, barter, exchange,
20	16		transport, or any other commercial purpose aquatic products that
21	17		are taken, possessed, transported, or sold in violation of a
22	18		federal or state law or regulation.
23	19		SECTION 2. Section 47.051, Parks and Wildlife Code, is
24	20		amended to read as follows:
25	21		Sec. 47.051. PENALTY. Except as provided by Sections
26	22		[Section] 47.052 and 47.053 [of this code], a person who violates a
27	23		provision of this chapter commits an offense that is a Class C Parks
28	24		and Wildlife Code misdemeanor.
29	25		SECTION 3. Subchapter C, Chapter 47, Parks and Wildlife
30	26		Code, is amended by adding Section 47.053 to read as follows:
31	27		Sec. 47.053. PENALTY. (a) A person who violates or fails
32	28		to comply with Section 47.0121 commits an offense that is:
33	29		(1) a Class B Parks and Wildlife Code misdemeanor
34	30		punishable by a fine of at least:
35	31		(A) $500 if the weight of the aquatic products
36	32		totals 10 pounds or more but less than 50 pounds; or
37	33		(B) $1,000 if the weight of the aquatic products
38	34		totals 50 pounds or more but less than 100 pounds;
39	35		(2) a Class A Parks and Wildlife Code misdemeanor
40	36		punishable by a fine of at least:
41	37		(A) $1,500 if the weight of the aquatic products
42	38		totals 100 pounds or more but less than 200 pounds; or
43	39		(B) $2,000 if the weight of the aquatic products
44	40		totals 200 pounds or more but less than 300 pounds; or
45	41		(3) a Parks and Wildlife Code state jail felony for
46	42		which, in addition to confinement, the person may be punished by a
47	43		fine of at least:
48	44		(A) $3,000 if the weight of the aquatic products
49	45		totals 300 pounds or more but less than 500 pounds; or
50	46		(B) $4,000 if the weight of the aquatic products
51	47		totals 500 pounds or more.
52	48		(b) An offense under this section may be prosecuted in the
53	49		county in which the aquatic products were unlawfully taken,
54	50		possessed, transported, or sold or in any county through or into
55	51		which the aquatic products were taken or transported.
56	52		(c) When aquatic products are obtained in violation of
57	53		Section 47.0121 under one scheme or continuing course of conduct,
58	54		whether from the same or several sources, the scheme or conduct may
59	55		be considered as one offense and the weight of the aquatic products
60	56		aggregated in determining the grade of the offense.
61	57		SECTION 4. The change in law made by this Act applies only
62	58		to an offense committed on or after the effective date of this Act.
63	59		An offense committed before the effective date of this Act is
64	60		governed by the law in effect on the date the offense was committed,
65	61		and the former law is continued in effect for that purpose. For
66	62		purposes of this section, an offense was committed before the
67	63		effective date of this Act if any element of the offense occurred
68	64		before that date.
69	65		SECTION 5. This Act takes effect September 1, 2019.
70		-	* * * * *