Bill Text: TX HB1828 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to prohibiting the sale and purchase of certain aquatic products; creating a criminal offense; increasing a criminal penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-05-23 - Effective on 9/1/19 [HB1828 Detail]
Download: Texas-2019-HB1828-Enrolled.html
H.B. No. 1828 |
|
||
relating to prohibiting the sale and purchase of certain aquatic | ||
products; creating a criminal offense; increasing a criminal | ||
penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 47, Parks and Wildlife | ||
Code, is amended by adding Section 47.0121 to read as follows: | ||
Sec. 47.0121. UNLAWFUL COMMERCIAL SALE OR PURCHASE OF | ||
AQUATIC PRODUCTS. (a) A person commits an offense if the person | ||
purchases for resale or receives for sale, barter, exchange, | ||
transport, or any other commercial purpose aquatic products that | ||
are taken, possessed, transported, or sold in violation of a | ||
federal or state law or regulation. | ||
(b) It is an affirmative defense to prosecution under this | ||
section that the person: | ||
(1) had no reason to believe at the time the offense | ||
was committed that the aquatic products purchased for resale or | ||
received for sale, barter, exchange, transport, or any other | ||
commercial purpose were taken, possessed, transported, or sold in | ||
violation of a federal or state law or regulation; and | ||
(2) purchased or received the aquatic products | ||
described by Subdivision (1) from a seller who had a valid | ||
commercial license to sell aquatic products. | ||
SECTION 2. Section 47.051, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 47.051. PENALTY. Except as provided by Sections | ||
[ |
||
provision of this chapter commits an offense that is a Class C Parks | ||
and Wildlife Code misdemeanor. | ||
SECTION 3. Subchapter C, Chapter 47, Parks and Wildlife | ||
Code, is amended by adding Section 47.053 to read as follows: | ||
Sec. 47.053. PENALTY. (a) A person who violates or fails | ||
to comply with Section 47.0121 commits an offense that is: | ||
(1) a Class B Parks and Wildlife Code misdemeanor | ||
punishable by a fine of at least: | ||
(A) $500 if the weight of the aquatic products | ||
totals 10 pounds or more but less than 50 pounds; or | ||
(B) $1,000 if the weight of the aquatic products | ||
totals 50 pounds or more but less than 100 pounds; | ||
(2) a Class A Parks and Wildlife Code misdemeanor | ||
punishable by a fine of at least: | ||
(A) $1,500 if the weight of the aquatic products | ||
totals 100 pounds or more but less than 200 pounds; or | ||
(B) $2,000 if the weight of the aquatic products | ||
totals 200 pounds or more but less than 300 pounds; or | ||
(3) a Parks and Wildlife Code state jail felony for | ||
which, in addition to confinement, the person may be punished by a | ||
fine of at least: | ||
(A) $3,000 if the weight of the aquatic products | ||
totals 300 pounds or more but less than 500 pounds; or | ||
(B) $4,000 if the weight of the aquatic products | ||
totals 500 pounds or more. | ||
(b) An offense under this section may be prosecuted in the | ||
county in which the aquatic products were unlawfully taken, | ||
possessed, transported, or sold or in any county through or into | ||
which the aquatic products were taken or transported. | ||
(c) When aquatic products are obtained in violation of | ||
Section 47.0121 under one scheme or continuing course of conduct, | ||
whether from the same or several sources, the scheme or conduct may | ||
be considered as one offense and the weight of the aquatic products | ||
aggregated in determining the grade of the offense. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1828 was passed by the House on April | ||
12, 2019, by the following vote: Yeas 113, Nays 28, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1828 on May 13, 2019, by the following vote: Yeas 121, Nays 18, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1828 was passed by the Senate, with | ||
amendments, on May 10, 2019, by the following vote: Yeas 29, Nays | ||
2. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |