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AN ACT
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relating to responsibility and criminal penalties for certain |
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violations committed by commercial oyster boat crews. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 76.001, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 76.001. DEFINITIONS [NATURAL OYSTER BED]. In this |
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chapter: |
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(1) "Barrel of oysters" means three boxes of oysters |
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in the shell or two gallons of shucked oysters without shells. The |
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dimensions of a box are 10 inches by 20 inches by 13-1/2 inches. In |
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filling a box for measurement, the oysters may not be piled more |
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than 2-1/2 inches above the height of the box at the center. |
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(2) "Natural [(a) A natural] oyster bed" means an |
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area where [exists when] at least five barrels of oysters are found |
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within 2,500 square feet of any position on a reef or bed. |
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(3) "Open season" means a period during which it is |
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lawful to take oysters. |
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[(b)
In this section, a barrel of oysters is equal to three
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boxes of oysters in the shell. The dimensions of a box are 10 inches
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by 20 inches by 13-1/2 inches. In filling a box for measurement,
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the oysters may not be piled more than 2-1/2 inches above the height
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of the box at the center. Two gallons of shucked oysters without
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shells equals one barrel of oysters in the shell.] |
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SECTION 2. Subsection (a), Section 76.116, Parks and |
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Wildlife Code, is amended to read as follows: |
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(a) There is no open season for taking oysters from areas |
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closed by the [Texas] Department of State Health Services. |
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SECTION 3. Section 76.118, Parks and Wildlife Code, is |
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amended by amending Subsections (b), (c), and (e) and adding |
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Subsection (e-1) to read as follows: |
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(b) A person who violates Section 76.101, 76.107, or |
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76.109[, or 76.116 of this code] or a regulation of the commission |
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issued under one of those sections commits an offense that is a |
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Class B Parks and Wildlife Code misdemeanor. |
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(c) A person who violates Section 76.116, or at the same |
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time violates Sections [Section] 76.109 and [either Section] |
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76.116, [or Section 76.205 of this code] commits an offense that is |
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a Class A Parks and Wildlife Code misdemeanor. |
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(e) If it is shown at the trial of a defendant for a |
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violation of Section 76.101, 76.107, or 76.109[, or 76.116 of this
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code] that the defendant has been convicted once within five years |
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before the trial date of a violation of Section 76.101, 76.107, or |
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76.109, [or 76.116 of this code,] the defendant is guilty of a Class |
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A Parks and Wildlife Code misdemeanor. |
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(e-1) If it is shown at the trial of a defendant for a |
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violation of Section 76.116 that the defendant has been convicted |
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once within five years before the trial date of a violation of |
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Section 76.116, the defendant is guilty of a Parks and Wildlife Code |
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state jail felony. |
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SECTION 4. Subsection (a), Section 76.119, Parks and |
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Wildlife Code, is amended to read as follows: |
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(a) If a vessel licensed as a commercial oyster boat is |
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involved in a violation of this chapter, the captain of the vessel |
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licensed as a commercial oyster boat is primarily responsible for |
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the violation. A member of the crew of a vessel licensed as a |
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commercial oyster boat is not guilty of a violation unless the |
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member of the crew committed the violation against the captain's |
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orders, except for a violation of Section 76.109 or 76.116 [of this
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subchapter], in which case each person on the vessel is responsible |
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for the violation. |
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SECTION 5. 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. 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 6. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2379 passed the Senate on |
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April 24, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2379 passed the House on |
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May 15, 2009, by the following vote: Yeas 144, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |