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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of oyster harvesting; increasing a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 76.118(c), (e-2), (e-3), (e-4), and |
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(g), Parks and Wildlife Code, are amended to read as follows: |
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(c) A person who violates [Section 76.116, or at the same
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time violates] Sections 76.109 and either Section 76.115 or 76.116 |
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in the same criminal episode[,] commits an offense that is a Class A |
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Parks and Wildlife Code misdemeanor. |
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(e-2) An offense related to oyster size or the harvest of |
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oysters from a closed area is a Class B Parks and Wildlife Code |
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misdemeanor if it is shown on the trial of the offense that [The
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punishment for an offense otherwise punishable under Subsection (a)
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is a Class B Parks and Wildlife misdemeanor if it is shown on the
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trial of the offense that:
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[(1)
the defendant is the captain of a commercial
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oyster boat or a member of the crew of a commercial oyster boat;
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[(2)
the provision or regulation violated relates to
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oyster size; and
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[(3)] the defendant has previously been convicted at |
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least twice for a violation of a provision or regulation relating to |
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oyster size or the harvest of oysters from a closed area. |
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(e-3) An [The punishment for an] offense during the |
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commission of which the defendant was in possession of a cargo of |
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oysters in which 30 percent or more of the oysters measured less |
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than three inches in length along an imaginary straight line |
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through the long axis of the shell or an offense related to the |
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harvest of oysters from a closed area [otherwise punishable under
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Subsection (a)] is a Class B [C] Parks and Wildlife Code |
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misdemeanor, [with an attendant license suspension under Section
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76.1181,] if it is shown on the trial of the offense that[:
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[(1)
the defendant is the captain of a commercial
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oyster boat or a member of the crew of a commercial oyster boat;
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[(2)
the provision or regulation violated relates to
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oyster size and the defendant was in possession of a cargo of
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oysters in which 30 percent or more of the oysters measured less
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than three inches in length along an imaginary straight line
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through the long axis of the shell; and
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[(3)] the defendant has previously been convicted one |
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time for a violation of a provision or regulation relating to: |
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(1) oyster size and the defendant was in possession of |
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a cargo of oysters in which 30 percent or more of the oysters |
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measured less than three inches in length along an imaginary |
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straight line through the long axis of the shell; or |
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(2) the harvest of oysters from a closed area. |
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(e-4) The punishment for an offense otherwise punishable |
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under Subsection (a) is a Class A [B] Parks and Wildlife Code |
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misdemeanor, with an attendant license suspension under Section |
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76.1181, if it is shown on the trial of the offense that: |
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(1) the defendant is the captain of a commercial |
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oyster boat or a member of the crew of a commercial oyster boat; |
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(2) the provision or regulation violated relates to: |
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(A) oyster size and the defendant was in |
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possession of a cargo of oysters in which 30 percent or more of the |
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oysters measured less than three inches in length along an |
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imaginary straight line through the long axis of the shell; or |
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(B) the harvest of oysters from a closed area; |
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and |
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(3) the defendant has previously been convicted at |
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least two times for a violation of a provision or regulation |
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relating to: |
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(A) oyster size and the defendant during both |
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offenses was in possession of a cargo of oysters in which 30 percent |
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or more of the oysters measured less than three inches in length |
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along an imaginary straight line through the long axis of the shell; |
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or |
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(B) the harvest of oysters from a closed area. |
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(g) If it is shown on [at] the trial of a defendant for a |
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violation [at the same time] of Section 76.109 and either Section |
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76.115 or 76.116 occurring in the same criminal episode [or Section
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76.205 of this code] that the defendant has been convicted once |
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before within five years before the trial date of a violation [at
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the same time] of Section 76.109 and either Section 76.115 or 76.116 |
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[or 76.205 of this code] occurring in the same criminal episode, the |
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defendant is guilty of a Parks and Wildlife Code felony. |
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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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2019. |
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