(a) A person who violates or fails to comply with § 47.0121 commits an offense that is:
(1) a Class B Parks and Wildlife Code misdemeanor punishable by a fine of at least:
(A) $500 if the weight of the aquatic products totals 10 pounds or more but less than 50 pounds; or
(B) $1,000 if the weight of the aquatic products totals 50 pounds or more but less than 100 pounds;
(2) a Class A Parks and Wildlife Code misdemeanor punishable by a fine of at least:
(A) $1,500 if the weight of the aquatic products totals 100 pounds or more but less than 200 pounds; or
(B) $2,000 if the weight of the aquatic products totals 200 pounds or more but less than 300 pounds; or
(3) a Parks and Wildlife Code state jail felony for which, in addition to confinement, the person may be punished by a fine of at least:
(A) $3,000 if the weight of the aquatic products totals 300 pounds or more but less than 500 pounds; or
(B) $4,000 if the weight of the aquatic products totals 500 pounds or more.
(b) An offense under this section may be prosecuted in the county in which the aquatic products were unlawfully taken, possessed, transported, or sold or in any county through or into which the aquatic products were taken or transported.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
State jail felonybetween 180 days and 2 yearsup to $10,000
For details, see Texas Penal Code § 12.35

Terms Used In Texas Parks and Wildlife Code 47.053

  • 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

(c) When aquatic products are obtained in violation of § 47.0121 under one scheme or continuing course of conduct, whether from the same or several sources, the scheme or conduct may be considered as one offense and the weight of the aquatic products aggregated in determining the grade of the offense.