Tex.
Parks & Wild. Code Section 76.040
Penalties
(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 Section 76.037 (Theft of Oysters from Private Bed) or Section 76.038 (Interference with Buoys or Markers) of this code commits an offense that is a Class B Parks and Wildlife Code misdemeanor.(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 Section 76.037 (Theft of Oysters from Private Bed) or 76.038 (Interference with Buoys or Markers) 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 Section 76.037 (Theft of Oysters from Private Bed) or 76.038 (Interference with Buoys or Markers) of this code, he is guilty of a Parks and Wildlife Code felony.
Source:
Section 76.040 — Penalties, https://statutes.capitol.texas.gov/Docs/PW/htm/PW.76.htm#76.040
(accessed Apr. 13, 2024).