| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
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) 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. |
|
|
(b) It is an affirmative defense to prosecution under this |
|
|
section that the person: |
|
|
(1) had no reason to believe at the time the offense |
|
|
was committed that the aquatic products purchased for resale or |
|
|
received for sale, barter, exchange, transport, or any other |
|
|
commercial purpose were taken, possessed, transported, or sold in |
|
|
violation of a federal or state law or regulation; and |
|
|
(2) purchased or received the aquatic products |
|
|
described by Subdivision (1) from a seller who had a valid |
|
|
commercial license to sell aquatic products. |
|
|
SECTION 2. Section 47.051, Parks and Wildlife Code, is |
|
|
amended to read as follows: |
|
|
Sec. 47.051. PENALTY. Except as provided by Sections |
|
|
[Section] 47.052 and 47.053 [of this code], a person who violates a |
|
|
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. |
|
|
|
|
|
* * * * * |