Were separate penalties provided for Section 62.0031 of the wildlife code, added by Section 44 of HB12?
§ 62.013. PENALTIES. (a) Except as provided by
Subsections (b) and (c) of this section, a person who violates a
provision of this subchapter commits an offense that is a Class C
Parks and Wildlife Code misdemeanor.
(b) A person who violates Section 62.003, 62.004, 62.005,
62.0065, 62.011(c), or 350.001, or a rule adopted under Section
62.0065 commits an offense that is a Class A Parks and Wildlife Code
misdemeanor, unless it is shown at the trial of the defendant for a
violation of that section or rule, as appropriate, that the
defendant has been convicted one or more times before the trial date
of a violation of that section or rule, as appropriate, in which
case the offense is a Parks and Wildlife Code state jail felony.
(c) In addition to the punishments provided in Subsections
(a) and (b), a person who violates Section 62.003, 62.004, 62.005,
62.0065, 62.011(c), or 350.001, or a rule adopted under Section
62.0065 is punishable by the revocation or suspension under Section
12.5015 of hunting and fishing licenses and permits.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 43, eff. Sept.
1, 1985. Amended by Acts 1989, 71st Leg., ch. 738, § 1, eff.
Sept. 1, 1989; Acts 1999, 76th Leg., ch. 959, § 8, eff. Sept. 1,
1999; Acts 2005, 79th Leg., ch. 989, § 3, eff. Sept. 1, 2005;
Acts 2005, 79th Leg., ch. 1156, § 1, eff. Sept. 1, 2005.
NONGAME CHAPTER
§ 67.005. PENALTY. (a) A person who violates a
regulation of the commission issued under this chapter commits an
offense that is a Class C Parks and Wildlife Code misdemeanor.
(b) A person who violates a regulation of the commission
issued under this chapter and who has been convicted on one previous
occasion of a violation of a commission regulation under this
chapter commits an offense that is a Class B Parks and Wildlife Code
misdemeanor.
(c) A person who violates a regulation of the commission
issued under this chapter and who has been convicted on two or more
previous occasions of a violation of commission regulations under
this chapter commits an offense that is a Class A Parks and Wildlife
Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 77, eff.
Sept. 1, 1985.
Question: Does the violation of Section 62.0031, added by Section 44 of House Bill 12, continue to be classified a Class C misdemeanor, notwithstanding how many times it’s violated, since it was not “a regulation of the commission”? Thanks.
R
