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        |  | AN ACT | 
      
        |  | relating to fishing tournament fraud; providing penalties. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 66.119, Parks and Wildlife Code, is | 
      
        |  | transferred to Subchapter A, Chapter 66, Parks and Wildlife Code, | 
      
        |  | redesignated as Section 66.023, Parks and Wildlife Code, and | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 66.023  [ 66.119].  FRAUD IN [FRESHWATER] FISHING | 
      
        |  | TOURNAMENTS.  (a)  In this section, "fishing tournament" means a | 
      
        |  | contest in which a prize is to be awarded to one or more | 
      
        |  | participants in the contest based on the weight, length, number, or | 
      
        |  | type of [ freshwater] fish caught by the participants or based on any | 
      
        |  | other criteria applicable to the fish caught. | 
      
        |  | (b)  A person commits an offense if, with intent to affect | 
      
        |  | the outcome of a fishing tournament: | 
      
        |  | (1)  the person provides, offers to provide, sells, or | 
      
        |  | offers to sell a fish to a participant in the tournament for the | 
      
        |  | purpose of representing that the fish was caught by the participant | 
      
        |  | in the course of the tournament; | 
      
        |  | (2)  the person, as a participant in the tournament, | 
      
        |  | accepts or agrees to accept a fish from another person for the | 
      
        |  | purpose of representing that the fish was caught by the participant | 
      
        |  | in the course of the tournament; [ or] | 
      
        |  | (3)  the person, as a participant in the tournament, | 
      
        |  | represents that a fish was caught by the person in the course of the | 
      
        |  | tournament when in fact the fish was not caught by that person or | 
      
        |  | the fish was not caught in the course of that tournament; | 
      
        |  | (4)  the person alters the length or weight of a fish | 
      
        |  | for the purpose of representing that the fish as entered in the | 
      
        |  | tournament was that length or weight when caught; or | 
      
        |  | (5)  the person enters a fish in the tournament that was | 
      
        |  | taken in violation of any provision of this code or a proclamation | 
      
        |  | or regulation of the commission adopted under this code. | 
      
        |  | (c)  A person commits an offense if the person sponsors or | 
      
        |  | conducts a fishing tournament and knows of the occurrence in the | 
      
        |  | tournament of activity prohibited by Subsection (b) of this section | 
      
        |  | and does not immediately notify a law enforcement officer | 
      
        |  | commissioned by the director of its occurrence. | 
      
        |  | (d)  An offense under this section is a Class A misdemeanor, | 
      
        |  | except that if the offense occurred during a tournament in which any | 
      
        |  | prize or combination of prizes to be awarded for any one category | 
      
        |  | for which an award is given, whether the prize or prizes are to an | 
      
        |  | individual or a team, is worth $10,000 or more in money or goods, | 
      
        |  | the offense is a felony of the third degree. | 
      
        |  | 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 | 
      
        |  | covered by the law in effect when 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 was committed before that | 
      
        |  | date. | 
      
        |  | SECTION 3.  This Act takes effect immediately if it receives | 
      
        |  | a vote of two-thirds of all the members elected to each house, as | 
      
        |  | provided by Section 39, Article III, Texas Constitution.  If this | 
      
        |  | Act does not receive the vote necessary for immediate effect, this | 
      
        |  | Act takes effect September 1, 2011. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
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        |  | I certify that H.B. No. 1806 was passed by the House on April | 
      
        |  | 18, 2011, by the following vote:  Yeas 142, Nays 4, 2 present, not | 
      
        |  | voting. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
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        |  | I certify that H.B. No. 1806 was passed by the Senate on May | 
      
        |  | 9, 2011, by the following vote:  Yeas 30, Nays 1. | 
      
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        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | APPROVED:  _____________________ | 
      
        |  | Date | 
      
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        |  | _____________________ | 
      
        |  | Governor |