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SB2112

Regular Session

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

Moderate
Low Cost
Effective:2025-09-01
Enforcing Agencies

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

SB2112
Moderate
Relating to the punishment for certain criminal offenses related to cultivated oyster mariculture; increasing a criminal penalty.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Local ProsecutorsTPWD
Primary Author: Sen. Lois Kolkhorst
89th Texas Legislature
jdkey.com
01

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.

Need Help Understanding Implementation?

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 10, 2025
Passed Senate
Apr 9, 2025
Passed House
May 20, 2025
Signed
May 30, 2025
TopicsCrimesCrimes--against PropertyParks & WildlifeParks & Wildlife--generalParks & Wildlife--hunting & FishingMaricultureOysters
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Senate Authors

Sen. Lois KolkhorstRepublican · Primary Author

House Sponsor

Rep. Denise VillalobosRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Sen. Lois Kolkhorst

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about SB2112

Q

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.

Q

Who authored SB2112?

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

Q

When was SB2112 signed into law?

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

Q

Which agencies enforce SB2112?

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

Q

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.

Q

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.

Q

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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