Bill Text: TX SB899 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to prohibiting the sale and purchase of certain aquatic products; creating a criminal offense; increasing a criminal penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-11 - Committee report printed and distributed [SB899 Detail]
Download: Texas-2019-SB899-Comm_Sub.html
By: Fallon | S.B. No. 899 | |
(In the Senate - Filed March 1, 2019; March 1, 2019, read | ||
first time and referred to Committee on Water & Rural Affairs; | ||
April 11, 2019, reported favorably by the following vote: Yeas 7, | ||
Nays 0; April 11, 2019, sent to printer.) | ||
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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 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. | ||
SECTION 2. Section 47.051, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 47.051. PENALTY. Except as provided by Sections | ||
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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. | ||
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