Sec. 47.080.  LICENSE SUSPENSION AND REVOCATION.  (a)  The executive director, after notice to a license holder and the opportunity for a hearing, may suspend a commercial finfish fisherman's license if:
(1)  the license holder or any other authorized operator of the licensed vessel is convicted of one or more flagrant offenses totaling three flagrant offenses involving the licensed vessel;  or
(2)  the license holder is convicted of theft of fishing gear or product associated with this subchapter.
(b)  A suspension under this section may be for:
(1)  six months, if:
(A)  each of the three flagrant offenses occurred within a 24-consecutive-month period beginning not earlier than September 1, 2000;  and
(B)  the license holder has not previously had a license suspended under this section;
(2)  12 months, if each of the three flagrant offenses occurred within a 24-consecutive-month period and the license holder has previously had a license suspended under this section;  or
(3)  six months, if the license holder is convicted of theft of fishing gear or product associated with this subchapter.
(c)  The executive director, after notice and the opportunity for a hearing, may permanently revoke a license issued under this subchapter if:
(1)  the license holder has previously had a license suspended twice under this section, and the license holder or any other authorized operator of the licensed vessel is convicted of three flagrant offenses involving the licensed vessel in a 24-consecutive-month period;  or
(2)  the license holder is convicted of theft of fishing gear or product associated with this subchapter, and the license holder has had a license suspended previously under this section.
(d)  The same flagrant offense may not be counted for more than one suspension under this section.
(e)  For purposes of this section, a flagrant offense includes:
(1)  theft of trotlines or finfish, or any other fishing gear or product associated with this subchapter;
(2)  exceeding daily bag and possession limits in violation of this code or of a proclamation of the commission issued under this code;
(3)  exceeding trotline length limits by a length greater than 10 percent in violation of this code or of a proclamation of the commission issued under this code;
(4)  selling crabs in violation of this code;
(5)  exceeding the number of trotlines the holder of a commercial finfish fisherman's license may use in violation of this code or of a proclamation of the commission issued under this code;  or
(6)  taking, attempting to take, or possessing fish caught in public waters of this state by any device, means, or method other than as authorized under this code or by a proclamation of the commission issued under this code.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1, 1999.