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A BILL TO BE ENTITLED
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AN ACT
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relating to fishing tournament fraud; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 66.119, Parks and Wildlife Code, is |
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transferred to Subchapter A, Chapter 66, Parks and Wildlife Code, |
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redesignated as Section 66.023, Parks and Wildlife Code, and |
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amended to read as follows: |
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Sec. 66.023 [66.119]. FRAUD IN [FRESHWATER] FISHING |
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TOURNAMENTS. (a) In this section, "fishing tournament" means a |
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contest in which a prize is to be awarded to one or more |
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participants in the contest based on the weight, length, number, or |
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type of [freshwater] fish caught by the participants or based on any |
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other criteria applicable to the fish caught. |
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(b) A person commits an offense if, with intent to affect |
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the outcome of a fishing tournament: |
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(1) the person provides, offers to provide, sells, or |
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offers to sell a fish to a participant in the tournament for the |
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purpose of representing that the fish was caught by the participant |
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in the course of the tournament; |
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(2) the person, as a participant in the tournament, |
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accepts or agrees to accept a fish from another person for the |
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purpose of representing that the fish was caught by the participant |
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in the course of the tournament; [or] |
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(3) the person, as a participant in the tournament, |
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represents that a fish was caught by the person in the course of the |
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tournament when in fact the fish was not caught by that person or |
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the fish was not caught in the course of that tournament; |
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(4) the person alters the length or weight of a fish |
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for the purpose of representing that the fish as entered in the |
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tournament was that length or weight when caught; or |
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(5) the person enters a fish in the tournament that was |
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taken in violation of any provision of this code or a proclamation |
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or regulation of the commission adopted under this code. |
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(c) A person commits an offense if the person sponsors or |
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conducts a fishing tournament and knows of the occurrence in the |
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tournament of activity prohibited by Subsection (b) of this section |
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and does not immediately notify a law enforcement officer |
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commissioned by the director of its occurrence. |
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(d) An offense under this section is a Class A misdemeanor, |
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except that if the offense occurred during a tournament in which any |
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prize or combination of prizes to be awarded for any one category |
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for which an award is given, whether the prize or prizes are to an |
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individual or a team, is worth $10,000 or more in money or goods, |
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the offense is a felony of the third degree. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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