Texas § PW.76.1181 - SUSPENSION OF LICENSE

§ PW.76.1181. SUSPENSION OF LICENSE

SUSPENSION OF LICENSE. (a) For purposes of this section, "final conviction" includes a plea of guilty or nolo contendere to or the imposition of deferred adjudication for an offense. (b) On final conviction for an offense punishable under Section 76.118 (e-3) or (e-4), the commercial oyster boat license of the boat used in the commission of the violation is suspended for 30 days. (c) On final conviction for an offense punishable under Section 76.118 (e-3) or (e-4), the commercial oyster boat captain's license of the captain of the boat used in the commission of the violation is suspended for 30 days. During the period of suspension, the holder of the suspended license may not purchase a general commercial fisherman's license or a commercial oyster fisherman's license. (d) On final conviction for an offense punishable under Section 76.118 (e-3) or (e-4), the general commercial fisherman's license of a member of the crew of a boat on which the violation was committed is suspended for 30 days. During the suspension period, the holder of the suspended license may not purchase a commercial oyster boat captain's license or a commercial oyster fisherman's license. (d-1) On final conviction for an offense punishable under Section 76.118 (e-3) or (e-4), the commercial oyster fisherman's license of the person who takes or attempts to take oysters without the use of a boat is suspended for 30 days. (e) On final conviction for the third offense within five years of the commission of an offense punishable under Section 76.118 , for a violation of a provision or regulation relating to oyster size in which the conviction was for 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, any license issued by the department to a person that purchases oysters is suspended for 30 days. During the suspension period, the holder of the suspended license may not purchase a license issued by the department allowing the taking or purchase of oysters. (f) A suspension period described by this section must be served during the public oyster season in which the violation occurred, unless less than 30 days remain in the public oyster season, in which case the suspension must be served at the beginning of the next public oyster season. Added by Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51 ), Sec. 4, eff. September 1, 2017.