Texas Health and Safety Code 436.038 – Criminal Penalty; Defenses
Current as of: 2024 | Check for updates
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(a) A person commits an offense if the person intentionally, knowingly, recklessly, or with criminal negligence commits an unlawful act under § 436.011.
(b) A violation of § 436.011(1), (2), or (3) is a Class B Parks and Wildlife Code misdemeanor under § 12.405, Parks and Wildlife Code. Each day of a continuing violation constitutes a separate offense. Commissioned officers of the Parks and Wildlife Department shall enforce Sections 436.011(1), (2), and (3).
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
Terms Used In Texas Health and Safety Code 436.038
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) If it is shown at trial that the defendant has been convicted once within five years before the trial date of a violation of § 436.011(1) or (2), a violation by the defendant under § 436.011(1) or (2) is a Class A Parks and Wildlife Code misdemeanor under § 12.404, Parks and Wildlife Code.
(d) If it is shown at trial that the defendant has been convicted two or more times within five years before the trial date of a violation of § 436.011(1) or (2), a violation by the defendant under § 436.011(1) or (2) is a Parks and Wildlife Code felony under § 12.407, Parks and Wildlife Code.
(e) A violation of § 436.011(4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), or (15) is a Class A misdemeanor. Each day of a continuing violation constitutes a separate offense.
(f) A person is not subject to the penalties of Subsection (e) if the person received molluscan shellfish or crabmeat in commerce and delivered or offered to deliver the molluscan shellfish or crabmeat in good faith, unless the person refuses to furnish on request of the department or a health authority the name and address of the person from whom the product was received and copies of any documents relating to the receipt of the product.
(g) A publisher, radiobroadcast licensee, or agency or medium for the publication or broadcast of an advertisement, except the harvester, processor, distributor, or seller of molluscan shellfish or crabmeat to which a false advertisement relates, is not liable under this section for the publication or broadcast of the false advertisement unless the person has refused to furnish, on the request of the department, the name and address of the harvester, processor, distributor, seller, or advertising agency residing in this state who caused the person to publish or broadcast the advertisement.
(h) A person is not subject to the penalties of Subsection (e) for a violation of § 436.011 involving misbranded molluscan shellfish or crabmeat if the violation exists only because the product is misbranded because of a mistake in advertising, unless the violation is committed with intent to defraud or mislead.