By: Johnson H.B. No. 1342
73R4843 MLR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to freshwater fishing contests; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 66.119, Parks and Wildlife Code, is
1-5 amended to read as follows:
1-6 Sec. 66.119. <FRAUD IN> FRESHWATER FISHING CONTESTS
1-7 <TOURNAMENTS>. (a) In this section, "fishing contest
1-8 <tournament>" means a contest or derby in which a prize or other
1-9 inducement is to be awarded to one or more participants in the
1-10 contest based on the weight, length, number, or type of freshwater
1-11 fish caught by the participants or based on any other criteria
1-12 applicable to the fish caught.
1-13 (b) A person commits an offense if, with intent to affect
1-14 the outcome of a fishing contest <tournament>:
1-15 (1) the person provides, offers to provide, sells, or
1-16 offers to sell a fish to a participant in the contest <tournament>
1-17 for the purpose of representing that the fish was caught by the
1-18 participant in the course of the contest <tournament>;
1-19 (2) the person, as a participant in the contest
1-20 <tournament>, accepts or agrees to accept a fish from another
1-21 person for the purpose of representing that the fish was caught by
1-22 the participant in the course of the contest <tournament>; or
1-23 (3) the person, as a participant in the contest
1-24 <tournament>, represents that a fish was caught by the person in
2-1 the course of the contest <tournament> when in fact the fish was
2-2 not caught by that person or the fish was not caught in the course
2-3 of that contest <tournament>.
2-4 (c) A person commits an offense if the person sponsors or
2-5 conducts a fishing contest <tournament> and knows of the occurrence
2-6 in the contest <tournament> of activity prohibited by Subsection
2-7 (b) of this section and does not immediately notify a law
2-8 enforcement officer commissioned by the director of its occurrence.
2-9 (d) An offense under this section is a Class A misdemeanor,
2-10 except that if the offense occurred during a contest <tournament>
2-11 in which any prize or combination of prizes to be awarded for any
2-12 one category for which an award is given, whether the prize or
2-13 prizes are to an individual or a team, is worth $10,000 or more in
2-14 money or goods, the offense is a felony of the third degree.
2-15 SECTION 2. Subchapter B, Chapter 66, Parks and Wildlife
2-16 Code, is amended by adding Section 66.120 to read as follows:
2-17 Sec. 66.120. FRESHWATER FISHING CONTEST PERMIT REQUIRED.
2-18 (a) The department may issue permits for freshwater fishing
2-19 contests and may adopt rules relating to the issuance of the
2-20 permits.
2-21 (b) The department may not charge a fee for a permit issued
2-22 under this section.
2-23 (c) A person may not sponsor or conduct a fishing contest
2-24 without a permit.
2-25 (d) This section does not apply to a fishing contest if all
2-26 the contestants:
2-27 (1) are younger than 16 years of age; or
3-1 (2) have a mental or physical disability.
3-2 SECTION 3. Section 66.121, Parks and Wildlife Code, is
3-3 amended to read as follows:
3-4 Sec. 66.121. Penalty. A person who violates Section 66.109,
3-5 66.110, 66.111, or 66.120 <66.117(b)> of this code or a regulation
3-6 adopted under Section 66.115 of this code commits an offense that
3-7 is a Class C Parks and Wildlife Code misdemeanor.
3-8 SECTION 4. This Act takes effect September 1, 1993.
3-9 SECTION 5. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.