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A BILL TO BE ENTITLED
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AN ACT
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relating to the wasting of certain game, alligators, and shellfish; |
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imposing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.306, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 12.306. BOTH CIVIL SUIT AND CRIMINAL PROSECUTION |
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PERMISSIBLE. (a) The pendency or determination of a suit brought |
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under this subchapter or the pendency or determination of a |
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criminal prosecution for the same killing, catching, taking, |
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possession, or injury does not bar the other action. |
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(b) For purposes of Subsection (a), a criminal prosecution |
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includes the prosecution of an offense under Section 62.011, |
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65.0072, or 75.001. |
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SECTION 2. Section 62.011(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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(b) Except as provided by Subsection (c), it is an offense |
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if a person intentionally takes or receives a game bird, game |
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animal, or a fish and intentionally, knowingly, or recklessly, or |
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with criminal negligence, fails to keep the edible portions of the |
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bird, animal, or fish in an edible condition. |
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SECTION 3. Chapter 65, Parks and Wildlife Code, is amended |
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by adding Section 65.0072 to read as follows: |
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Sec. 65.0072. WASTE OF ALLIGATOR. It is an offense if a |
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person intentionally takes an alligator and intentionally, |
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knowingly, or recklessly, or with criminal negligence, fails to |
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keep the edible portions of the alligator in an edible condition. |
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SECTION 4. Sections 65.008(c) and (d), Parks and Wildlife |
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Code, are amended to read as follows: |
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(c) If it is shown at the trial of the defendant that he has |
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been once before convicted of a violation of this chapter other than |
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a violation of Section 65.0072, the offense is a Class B Parks and |
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Wildlife Code misdemeanor. |
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(d) If it is shown at the trial of the defendant that he has, |
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two or more previous times, been convicted of a violation of this |
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chapter other than a violation of Section 65.0072 [two or more
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previous times], the offense is a Class A Parks and Wildlife Code |
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misdemeanor. |
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SECTION 5. Subtitle D, Title 5, Parks and Wildlife Code, is |
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amended by adding Chapter 75 to read as follows: |
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CHAPTER 75. GENERAL PROVISIONS |
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Sec. 75.001. WASTE OF CRUSTACEANS OR MOLLUSKS. (a) It is |
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an offense if a person intentionally takes a crustacean or mollusk, |
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the taking of which is regulated under Chapter 76, 77, or 78, and |
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intentionally, knowingly, or recklessly, or with criminal |
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negligence, fails to keep the edible portions of the crustacean or |
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mollusk in an edible condition. |
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(b) An offense under this section is a Class C Parks and |
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Wildlife misdemeanor. |
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SECTION 6. This Act takes effect September 1, 2007. |