SB2112

Regular Session

Relating to the punishment for certain criminal offenses related to cultivated oyster mariculture; increasing a criminal penalty.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Parks and Wildlife Department (TPWD) • Local Prosecutors (County/District Attorneys)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: Immediate. While the law takes effect in 2025, the "lookback period" for prior convictions is retrospective. Convictions adjudicated *now* will count toward the penalty enhancements in 2025.
Agency Rulemaking: No new rulemaking is mandated by this specific bill; however, the penalty structure relies on existing Chapter 75 rules. We anticipate TPWD may issue guidance on enforcement priorities, but businesses must assume strict liability for all existing rules immediately.

Immediate Action Plan

Audit Compliance History: Pull TPWD records for your business and key principals to identify any convictions from 2020 to present.
Update SOPs: Revise Standard Operating Procedures to require a "Zero Tolerance" policy for undocumented product or tagging errors.
Train Management: Ensure operations managers understand that a citation is now a potential criminal predicate, not just a cost of doing business.
Legal Review: Consult with outside counsel regarding the impact of current pending citations; it may be strategic to fight minor citations now to keep the "strike count" clean before September 2025.

Operational Changes Required

Contracts

Vendor Agreements: Insert strict indemnity clauses in purchase agreements with oyster farms. Require sellers to warrant compliance with Chapter 75; a seller’s criminal violation could lead to product seizure.
Employment Agreements: Update captain and crew contracts to define any TPWD citation as "Gross Misconduct." This establishes grounds for immediate termination to prevent employees from accumulating "strikes" against the company license.

Hiring/Training

Pre-Shift Briefings: Implement mandatory daily briefings on harvest limits, tagging, and approved zones.
Background Checks: Screen potential hires for prior TPWD violations. An employee with a personal history of violations may be a liability to your operation under the enhanced scrutiny.

Reporting & Record-Keeping

"Strike" Log: Establish a privileged internal log of all citations and adjudications. You must track the "strike count" (1 prior for permit violations; 2 priors for rule violations) to assess criminal exposure.
Audit of Standing: Request a compliance history report from TPWD immediately to determine if your operation has existing "priors" that will trigger enhancements on Day 1 of the new law.

Fees & Costs

Legal Defense: Budget for increased legal retainers. Violations are no longer simple administrative fines; they are Class A/B Misdemeanors requiring criminal defense counsel.
Insurance Gaps: Review General Liability and D&O policies. Most policies exclude coverage for criminal acts and criminal defense costs, leaving the company exposed to uninsured losses.

Strategic Ambiguities & Considerations

The statute enhances penalties for violating "any rule adopted under this chapter" without distinguishing between major safety violations and minor administrative errors.

The Risk: Two minor paperwork errors (Class C) within five years could elevate a third minor error to a Class B Misdemeanor (an arrestable offense).
Watch For: Future TPWD rulemaking or guidance that might categorize "minor" vs. "major" violations. Until such distinction is made, treat every paperwork error as a step toward a criminal record.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCrimes Crimes--against Property Parks & Wildlife Parks & Wildlife--general Parks & Wildlife--hunting & Fishing Mariculture Oysters

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 2112
89R4719 MP-F	By: Kolkhorst
	Water, Agriculture and Rural Affairs
	3/26/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Oyster mariculture is an important industry in Texas, but violations of regulations concerning oyster cultivation have undermined efforts to protect and sustain the resource. Current penalties for offenses related to oyster mariculture may not be strong enough to deter repeat violators, impacting the sustainability of the industry.

S.B. 2112 aims to increase penalties for individuals or businesses that violate the Parks and Wildlife Code related to oyster mariculture. By enhancing penalties for repeat offenses, the bill seeks to strengthen deterrents against illegal activities and ensure the long-term sustainability of oyster cultivation in Texas.

As proposed, S.B. 2112 amends current law relating to the punishment for certain criminal offenses related to cultivated oyster mariculture and increases a criminal penalty.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 75.0107, Parks and Wildlife Code, by amending Subsection (b) and adding Subsection (b-1) and (b-2), as follows:

(b) Provides that a person commits an offense if the person violates:

(1) Section 75.0104(a) (relating to prohibiting a person from engaging in cultivated oyster mariculture without first having acquired a cultivated mariculture permit) or 75.0106 (Prohibited Actions); or

(2) a rule adopted under Chapter 75 (Cultivated Oyster Mariculture).

Makes nonsubstantive changes to this subsection.

(b-1) Creates this subsection from existing text. Provides that an offense under Subsection (b)(1) is a Class B Parks and Wildlife Code misdemeanor, except that the offense is a Class A Parks and Wildlife Code misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under Subsection (b)(1) during the five-year period preceding the date of the trial of the current offense. Makes nonsubstantive changes.

(b-2) Provides that an offense under Subsection (b)(2) is a Class C Parks and Wildlife Code misdemeanor, except that the offense is a Class B Parks and Wildlife Code misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under Subsection (b)(2) two or more times during the five-year period preceding the date of the trial of the current offense.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Lois KolkhorstRepublican · Primary Author

House Sponsor

Rep. Denise VillalobosRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 2112

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the punishment for certain criminal offenses related to
	cultivated oyster mariculture; increasing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 75.0107, Parks and Wildlife Code, is
	amended by amending Subsection (b) and adding Subsections (b-1) and
	(b-2) to read as follows:
	(b) A person commits an offense if the person [~~who~~]
	violates:
	(1) Section 75.0104(a) or 75.0106; or
	(2) a rule adopted under this chapter.
	(b-1) An [~~commits an~~] offense under Subsection (b)(1)
	[~~that~~] is a Class B Parks and Wildlife Code misdemeanor, except that
	the offense is a Class A Parks and Wildlife Code misdemeanor if it
	is shown on the trial of the offense that the defendant has been
	previously convicted of an offense under Subsection (b)(1) during
	the five-year period preceding the date of the trial of the current
	offense.
	(b-2) An offense under Subsection (b)(2) is a Class C Parks
	and Wildlife Code misdemeanor, except that the offense is a Class B
	Parks and Wildlife Code misdemeanor if it is shown on the trial of
	the offense that the defendant has been previously convicted of an
	offense under Subsection (b)(2) two or more times during the
	five-year period preceding the date of the trial of the current
	offense.
	SECTION 2. The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 30, 2025

TO:	Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture and Rural Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB2112 by Kolkhorst (Relating to the punishment for certain criminal offenses related to cultivated oyster mariculture; increasing a criminal penalty.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would increase the criminal penalty for the offenses of engaging in cultivated oyster mariculture without a permit; selling or bartering, or offering to sell or barter, cultivated oysters without authorization; or placing a cultivated oyster in a natural or private oyster bed from a Class B misdemeanor to a Class A misdemeanor if it is shown at trial that the defendant had a prior conviction for one of these offenses in the preceding five years. The bill furthermore would increase the criminal penalty for any violation of rules adopted under the cultivated oyster mariculture chapter from a Class C misdemeanor to a Class B misdemeanor if it is shown at trial that the defendant had two or more prior convictions for any violation of these rules in the preceding five years. It is assumed that any fiscal impact and any impact on state correctional populations or on the demand for state correctional resources would not be significant

Local Government Impact

It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 802 Parks and Wildlife Department

LBB Staff:

JMc, FV, DGI, QH

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Frequently Asked Questions

Common questions about SB2112

What does Texas SB2112 do?

SB2112 escalates criminal penalties for cultivated oyster mariculture violations, converting administrative infractions into Class A or B Misdemeanors based on a five-year history of prior offenses. Commercial oyster permit holders, distributors, and aquaculture facilities must treat regulatory compliance as a criminal defense matter effective September 1, 2025, as the law targets repeat offenders with jail-time potential. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: Immediate.

Who authored SB2112?

SB2112 was authored by Texas Senator Lois Kolkhorst during the Regular Session.

When was SB2112 signed into law?

SB2112 was signed into law by Governor Greg Abbott on May 30, 2025.

Which agencies enforce SB2112?

SB2112 is enforced by Texas Parks and Wildlife Department (TPWD) and Local Prosecutors (County/District Attorneys).

How urgent is compliance with SB2112?

The compliance urgency for SB2112 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB2112?

The cost impact of SB2112 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB2112 address?

SB2112 addresses topics including crimes, crimes--against property, parks & wildlife, parks & wildlife--general and parks & wildlife--hunting & fishing.

Legislative data provided by LegiScanLast updated: November 25, 2025

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