Tex. Parks & Wild. Code Section 76.1181
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 (Penalties)(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 (Penalties)(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 (Penalties)(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 (Penalties)(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 (Penalties), 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.

Source: Section 76.1181 — Suspension of License, https://statutes.­capitol.­texas.­gov/Docs/PW/htm/PW.­76.­htm#76.­1181 (accessed Apr. 20, 2024).

76.001
Definitions
76.002
Designation of Public and Private Beds
76.003
Beds Subject to Location
76.004
Riparian Rights
76.005
Affidavit of Riparian Rights
76.006
Application for Location
76.007
Maximum Acreage Under Location
76.008
Lease or Control by Foreign Corporation Prohibited
76.009
Examination and Survey of Location
76.012
Locator’s Certificate
76.015
Rights of Locator
76.017
Location Rental Fees
76.018
Location Rental Term
76.019
Procedures for Sale or Transfer of Location Rental
76.020
Oyster Shell Recovery and Replacement Program
76.021
Oyster Shell Recovery and Replacement Program Account
76.022
Certificates of Location for Restoration Purposes
76.031
Application for Permit
76.032
Discretion to Issue Permit
76.033
Conditions of Permit
76.035
Oysters Property of Permittee
76.036
Marking Beds
76.037
Theft of Oysters from Private Bed
76.038
Interference with Buoys or Markers
76.039
Prohibited Sales
76.040
Penalties
76.101
Oyster Licenses Required
76.102
License Application
76.103
Types of Licenses
76.104
License Fees
76.107
Sale of Sport Oysters Prohibited
76.109
Night Dredging Prohibited
76.112
Oyster Size Limits
76.114
Exception to Size and Retention Limits
76.115
Closing Areas
76.116
Oysters from Restricted Areas
76.117
Obedience to Orders
76.118
Penalties
76.119
Responsibility for Violation
76.0205
Sustainability of Oyster Industry
76.301
Regulation of Taking, Possession, Purchase, and Sale of Oysters
76.302
Research Program
76.303
Sale of Raw Oysters for Consumption Within This State
76.304
Vessel Monitoring System
76.401
Oyster License Moratorium Program
76.402
Issuance and Renewal of Commercial Oyster Boat Licenses
76.403
Oyster License Moratorium Review Board
76.404
Program Administration
76.405
License Buyback Program
76.406
Prevailing Authority
76.1031
License Expirations and Transfers
76.1041
License Display and Design
76.1181
Suspension of License

Accessed:
Apr. 20, 2024

§ 76.1181’s source at texas​.gov