Both civil suit and criminal prosecution permissible; exceptions

§40.8. Both civil suit and criminal prosecution permissible; exceptions The pendency or determination of a suit brought under this Subpart or the pendency or determination of a criminal prosecution for the same killing, catching, taking, possession, or injury does not bar the other action; provided that civil restitution paid pursuant to the provisions of Article 895.2 of the Code of Criminal Procedure or acquittal of a criminal prosecution for the same killing, taking, possession, or injury shall act as a bar to an assessment of civil penalties or a civil action to recover penalties under this Subpart. Acts 1988, No. 169, §2; Acts 1995, No. 137, §1.