80R2371 KCR-D | ||
By: Hilderbran | H.B. No. 1310 | |
|
|||
|
|||
relating to the wasting of certain game, alligators, and shellfish; | |||
imposing penalties. | |||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |||
SECTION 1. Section 12.306, Parks and Wildlife Code, is | |||
amended to read as follows: | |||
Sec. 12.306. BOTH CIVIL SUIT AND CRIMINAL PROSECUTION | |||
PERMISSIBLE. (a) The pendency or determination of a suit brought | |||
under this subchapter or the pendency or determination of a | |||
criminal prosecution for the same killing, catching, taking, | |||
possession, or injury does not bar the other action. | |||
(b) For purposes of Subsection (a), a criminal prosecution | |||
includes the prosecution of an offense under Section 62.011, | |||
65.0072, or 75.001. | |||
SECTION 2. Chapter 65, Parks and Wildlife Code, is amended | |||
by adding Section 65.0072 to read as follows: | |||
Sec. 65.0072. WASTE OF ALLIGATOR. It is an offense if a | |||
person intentionally takes an alligator and intentionally, | |||
knowingly, or recklessly, or with criminal negligence, fails to | |||
keep the edible portions of the alligator in an edible condition. | |||
SECTION 3. Sections 65.008(c) and (d), Parks and Wildlife | |||
Code, are amended to read as follows: | |||
(c) If it is shown at the trial of the defendant that he has | |||
been once before convicted of a violation of this chapter other than | |||
a violation of Section 65.0072, the offense is a Class B Parks and | |||
Wildlife Code misdemeanor. | |||
(d) If it is shown at the trial of the defendant that he has, | |||
two or more previous times, been convicted of a violation of this | |||
chapter other than a violation of Section 65.0072 [ |
|||
|
|||
misdemeanor. | |||
SECTION 4. Subtitle D, Title 5, Parks and Wildlife Code, is | |||
amended by adding Chapter 75 to read as follows: | |||
CHAPTER 75. GENERAL PROVISIONS | |||
Sec. 75.001. WASTE OF CRUSTACEANS OR MOLLUSKS. (a) It is | |||
an offense if a person intentionally takes a crustacean or mollusk, | |||
the taking of which is regulated under Chapter 76, 77, or 78, and | |||
intentionally, knowingly, or recklessly, or with criminal | |||
negligence, fails to keep the edible portions of the crustacean or | |||
mollusk in an edible condition. | |||
(b) An offense under this section is a Class C Parks and | |||
Wildlife misdemeanor. | |||
SECTION 5. This Act takes effect September 1, 2007. |