SB2112

Statutory violations: Violating the permit requirement in Parks and Wildlife Code 75.0104(a) or the prohibitions in 75.0106 remains a Class B Parks and Wildlife Code misdemeanor. It becomes Class A if the prosecution shows at trial that the defendant had a prior conviction under this same statutory-violation category during the five years before the current trial. The law requires one qualifying prior conviction—not two. Final law, 75.0107(b)(1), (b-1).

These provisions cover operating without the required cultivated-oyster permit; unauthorized sales, barters or offers; prohibited placement of cultivated oysters; and placing related structures on coastal public land without the required lease or easement. A separate 2025 law, SB1215, changed the placement rule effective the same day: it covers natural beds, private beds and coastal waters, but allows placement authorized in writing by the Parks and Wildlife Department. SB2112 changes penalties; it did not itself create that placement exception. Permit requirement; Prohibited actions at the effective date; Written-authorization exception from SB1215.

Agency-rule violations: Violating a rule adopted under the cultivated-oyster chapter is now Class C. It becomes Class B only if the prosecution shows two or more prior convictions under the rule-violation category during the five years before the current trial. The two categories have distinct prior-conviction tests; the lookback runs from the trial date, not the date of the new offense. Final law, 75.0107(b)(2), (b-2).

This is not an across-the-board penalty increase. The previous 75.0107(b) made both the specified statutory violations and chapter-rule violations Class B. The new law lowers the ordinary rule violation to Class C while adding the repeat-offense provisions. The statute also retains its broad definition of “final conviction,” including guilty or no-contest pleas and deferred adjudication or deferred disposition. Previous penalty law; Penalty law at the effective date.

What the classes mean: Under the Parks and Wildlife Code’s own sentencing provisions, Class C carries a $25–$500 fine. Class B permits a $200–$2,000 fine, up to 180 days in jail, or both. Class A permits a $500–$4,000 fine, up to one year in jail, or both. These are statutory ranges, not automatic sentences for every defendant. Class C range; Class B range; Class A range.

The new law applies only to offenses committed on or after September 1, 2025. If any element occurred earlier, the old law continues to govern that offense. All five operative versions match; both committees reported without amendments, and the official amendment index lists none. Final law, sections 2–3; Introduced; Senate committee; Senate-passed; House committee; Version index; Amendment index.

Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.

Repeat statutory offenders face greater potential jail and fine exposure, while ordinary rule violations move to the fine-only Class C track. Courts and prosecutors must distinguish the offense category and prove the applicable prior convictions. Stronger repeat-offense penalties may support compliance, but the bill supplies no measured deterrence, oyster-production or environmental benefit. Final law; Previous baseline.

The March 30 fiscal note anticipates no significant state impact and assumes no significant effect on state correctional populations or resources. It likewise expects no significant local enforcement, prosecution, supervision or confinement impact. Its rule-violation discussion describes the new Class C-to-B repeat-offense ladder; the actual pre-act statute—not that shorthand—is the source for the old Class B baseline. The act makes no appropriation, and the fiscal estimate is not a finding that defendants or local courts face no costs. Official fiscal note; Pre-act statute.