(a) Except as otherwise provided by this section, a person who violates a provision of this subchapter or a regulation adopted by the commission under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b) A person who violates § 76.037 or § 76.038 of this code commits an offense that is a Class B Parks and Wildlife Code misdemeanor.

Terms Used In Texas Parks and Wildlife Code 76.040

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(c) If it is shown at the trial of the defendant that he has been convicted once within five years before the trial date of a violation of § 76.037 or 76.038 of this code, he is guilty of a Class A Parks and Wildlife Code misdemeanor.
(d) If it is shown at the trial of the defendant that he has been convicted two or more times within five years before the trial date of a violation of § 76.037 or 76.038 of this code, he is guilty of a Parks and Wildlife Code felony.

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