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AN ACT
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relating to prohibiting the sale and purchase of certain aquatic |
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products; creating a criminal offense; increasing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 47, Parks and Wildlife |
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Code, is amended by adding Section 47.0121 to read as follows: |
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Sec. 47.0121. UNLAWFUL COMMERCIAL SALE OR PURCHASE OF |
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AQUATIC PRODUCTS. (a) A person commits an offense if the person |
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purchases for resale or receives for sale, barter, exchange, |
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transport, or any other commercial purpose aquatic products that |
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are taken, possessed, transported, or sold in violation of a |
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federal or state law or regulation. |
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(b) It is an affirmative defense to prosecution under this |
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section that the person: |
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(1) had no reason to believe at the time the offense |
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was committed that the aquatic products purchased for resale or |
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received for sale, barter, exchange, transport, or any other |
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commercial purpose were taken, possessed, transported, or sold in |
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violation of a federal or state law or regulation; and |
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(2) purchased or received the aquatic products |
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described by Subdivision (1) from a seller who had a valid |
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commercial license to sell aquatic products. |
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SECTION 2. Section 47.051, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 47.051. PENALTY. Except as provided by Sections |
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[Section] 47.052 and 47.053 [of this code], a person who violates a |
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provision of this chapter commits an offense that is a Class C Parks |
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and Wildlife Code misdemeanor. |
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SECTION 3. Subchapter C, Chapter 47, Parks and Wildlife |
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Code, is amended by adding Section 47.053 to read as follows: |
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Sec. 47.053. PENALTY. (a) A person who violates or fails |
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to comply with Section 47.0121 commits an offense that is: |
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(1) a Class B Parks and Wildlife Code misdemeanor |
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punishable by a fine of at least: |
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(A) $500 if the weight of the aquatic products |
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totals 10 pounds or more but less than 50 pounds; or |
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(B) $1,000 if the weight of the aquatic products |
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totals 50 pounds or more but less than 100 pounds; |
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(2) a Class A Parks and Wildlife Code misdemeanor |
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punishable by a fine of at least: |
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(A) $1,500 if the weight of the aquatic products |
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totals 100 pounds or more but less than 200 pounds; or |
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(B) $2,000 if the weight of the aquatic products |
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totals 200 pounds or more but less than 300 pounds; or |
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(3) a Parks and Wildlife Code state jail felony for |
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which, in addition to confinement, the person may be punished by a |
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fine of at least: |
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(A) $3,000 if the weight of the aquatic products |
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totals 300 pounds or more but less than 500 pounds; or |
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(B) $4,000 if the weight of the aquatic products |
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totals 500 pounds or more. |
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(b) An offense under this section may be prosecuted in the |
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county in which the aquatic products were unlawfully taken, |
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possessed, transported, or sold or in any county through or into |
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which the aquatic products were taken or transported. |
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(c) When aquatic products are obtained in violation of |
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Section 47.0121 under one scheme or continuing course of conduct, |
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whether from the same or several sources, the scheme or conduct may |
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be considered as one offense and the weight of the aquatic products |
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aggregated in determining the grade of the offense. |
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SECTION 4. 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 5. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1828 was passed by the House on April |
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12, 2019, by the following vote: Yeas 113, Nays 28, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1828 on May 13, 2019, by the following vote: Yeas 121, Nays 18, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1828 was passed by the Senate, with |
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amendments, on May 10, 2019, by the following vote: Yeas 29, Nays |
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2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |