Tex. Parks & Wild. Code Section 76.119
Responsibility for Violation


(a)

If a vessel licensed as a commercial oyster boat is involved in a violation of this chapter, the captain of the vessel licensed as a commercial oyster boat is primarily responsible for the violation. A member of the crew of a vessel licensed as a commercial oyster boat is not guilty of a violation unless the member of the crew committed the violation against the captain’s orders, except for a violation of Section 76.109 (Night Dredging Prohibited), 76.112 (Oyster Size Limits), or 76.116 (Oysters from Restricted Areas), in which case each person on the vessel is responsible for the violation.

(b)

The owner of a vessel licensed as a commercial oyster boat involved in a violation of this chapter is not guilty of the violation unless the owner knowingly directed, authorized, permitted, agreed to, aided, or acquiesced in the violation.

(c)

The captain of a vessel licensed as a commercial oyster boat shall identify the name of the captain, the vessel, and each member of the crew to each purchaser of oysters.

(d)

A person who purchases oysters under Section 47.0091 (Purchase of Aquatic Products by Wholesale Fish Dealers), who holds a shellfish certificate as defined by Section 436.002 (Definitions), Health and Safety Code, and who purchases oysters from a captain of a vessel licensed as a commercial oyster boat, the holder of a commercial oyster boat license, or a member of the crew of a commercial oyster boat in violation of Section 76.109 (Night Dredging Prohibited) or 76.112 (Oyster Size Limits) or this section may not possess the oysters and is subject to any penalty prescribed by law.
Added by Acts 1989, 71st Leg., ch. 255, Sec. 12, eff. July 31, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 241 (S.B. 2379), Sec. 4, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 5, eff. September 1, 2017.

Source: Section 76.119 — Responsibility for Violation, https://statutes.­capitol.­texas.­gov/Docs/PW/htm/PW.­76.­htm#76.­119 (accessed Mar. 23, 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:
Mar. 23, 2024

§ 76.119’s source at texas​.gov