86R6076 SLB-F
 
  By: Hinojosa S.B. No. 761
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of oyster harvesting; increasing a
  criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 76.118(c), (e-2), (e-3), (e-4), and
  (g), Parks and Wildlife Code, are amended to read as follows:
         (c)  A person who violates [Section 76.116, or at the same
  time violates] Sections 76.109 and either Section 76.115 or 76.116
  in the same criminal episode[,] commits an offense that is a Class A
  Parks and Wildlife Code misdemeanor.
         (e-2)  An offense related to oyster size or the harvest of
  oysters from a closed area is a Class B Parks and Wildlife Code
  misdemeanor if it is shown on the trial of the offense that [The
  punishment for an offense otherwise punishable under Subsection (a)
  is a Class B Parks and Wildlife misdemeanor if it is shown on the
  trial of the offense that:
               [(1)     the defendant is the captain of a commercial
  oyster boat or a member of the crew of a commercial oyster boat;
               [(2)     the provision or regulation violated relates to
  oyster size; and
               [(3)]  the defendant has previously been convicted at
  least twice for a violation of a provision or regulation relating to
  oyster size or the harvest of oysters from a closed area.
         (e-3)  An [The punishment for an] offense during the
  commission of which the defendant was in possession of a cargo of
  oysters in which 30 percent or more of the oysters measured less
  than three inches in length along an imaginary straight line
  through the long axis of the shell or an offense related to the
  harvest of oysters from a closed area [otherwise punishable under
  Subsection (a)] is a Class B [C] Parks and Wildlife Code 
  misdemeanor, [with an attendant license suspension under Section
  76.1181,] if it is shown on the trial of the offense that[:
               [(1)     the defendant is the captain of a commercial
  oyster boat or a member of the crew of a commercial oyster boat;
               [(2)     the provision or regulation violated relates to
  oyster size and the defendant was in possession of a cargo of
  oysters in which 30 percent or more of the oysters measured less
  than three inches in length along an imaginary straight line
  through the long axis of the shell; and
               [(3)] the defendant has previously been convicted one
  time for a violation of a provision or regulation relating to:
               (1)  oyster size and the defendant was in possession of
  a cargo of oysters in which 30 percent or more of the oysters
  measured less than three inches in length along an imaginary
  straight line through the long axis of the shell; or
               (2)  the harvest of oysters from a closed area.
         (e-4)  The punishment for an offense otherwise punishable
  under Subsection (a) is a Class A [B] Parks and Wildlife Code 
  misdemeanor, with an attendant license suspension under Section
  76.1181, if it is shown on the trial of the offense that:
               (1)  the defendant is the captain of a commercial
  oyster boat or a member of the crew of a commercial oyster boat;
               (2)  the provision or regulation violated relates to:
                     (A)  oyster size and the defendant was in
  possession of a cargo of oysters in which 30 percent or more of the
  oysters measured less than three inches in length along an
  imaginary straight line through the long axis of the shell; or
                     (B)  the harvest of oysters from a closed area; 
  and
               (3)  the defendant has previously been convicted at
  least two times for a violation of a provision or regulation
  relating to:
                     (A)  oyster size and the defendant during both
  offenses was in possession of a cargo of oysters in which 30 percent
  or more of the oysters measured less than three inches in length
  along an imaginary straight line through the long axis of the shell;
  or
                     (B)  the harvest of oysters from a closed area.
         (g)  If it is shown on [at] the trial of a defendant for a
  violation [at the same time] of Section 76.109 and either Section
  76.115 or 76.116 occurring in the same criminal episode [or Section
  76.205 of this code] that the defendant has been convicted once
  before within five years before the trial date of a violation [at
  the same time] of Section 76.109 and either Section 76.115 or 76.116
  [or 76.205 of this code] occurring in the same criminal episode, the
  defendant is guilty of a Parks and Wildlife Code felony.
         SECTION 2.  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 3.  This Act takes effect September 1, 2019.