# Happy Birthday, Jimmy Durham



## Animal Chris (May 21, 2004)

Looking at that number, it appears that you are catching up on me pretty quick...until June, that is. Well, weather aside, I hope you have a great day and many more of them. 

Tight lines and following seas, Chris


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## Bill C (May 23, 2004)

Me too Jimmy. Hope you had a good one.


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## Jimmy Durham (May 25, 2004)

*Thanks!*

Thanks guys.

I had a really great day, and finished with a snapper and shrimp dinner at Grotto.

Chris, thanks for the map!

Jimmy


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## Animal Chris (May 21, 2004)

Enjoy it, Jimmy, BUT, don 't blame me if you happen to run aground.


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## sfronterhouse (Sep 10, 2007)

Jimmy,

Happy Birthday. Don't forget to turn your Perko switch off this year in POC.


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## Scott (May 24, 2004)

Oh, Steve, Steve, Steve.... when are you going to learn.... never, ever, ever turn off a Perko switch once it has been turned on. The safest thing to do is just don't touch the switch. If you never turn it on, you never have to worry about the whole, "should I turn it off, should I leave it on?" dilemma. Imagine the sleepless nights that could be saved by Jimmy, laying in bed in Port O'Connor thinking, "Did I turn it off? Yea, I turned it off. But what if I didn't turn it off?" If Jimmy would just not touch the switch, he could sleep like a baby, counting jumping tarpon in his dreams. I think Jimmy should follow Nancy Reagan's advice, "Just say 'No'" to Perko!!!


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## Catch 22 (Jul 5, 2005)

*Happy Birthday*

Jimmy, Happy Birthday! Have some battery cables for you as a present. Have a red one and a black one.


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## Catch 22 (Jul 5, 2005)

*Service Business for Jimmy*

Well the light bulb just about went to 300 kw! How about this idea? We offer a service to check the Perko swithes. First check is $10.99. Second check is a little more.


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## sfronterhouse (Sep 10, 2007)

Scott,

This is Brent's time to get hazed. Mine is later in the year. 

Steve


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## Brent (May 26, 2004)

sfronterhouse said:


> Scott,
> 
> This is Brent's time to get hazed. Mine is later in the year.
> 
> Steve


Jimmy...Glad you had a good birthday and here's wishing you a good year...

Steve...What did I do???? And why am I getting hazed??? 'Cause hazing is wrong, AND its against the law!!!!

*Texas Hazing Law*

The following Hazing Policy was passed by the Texas State Legislature
relating to offenses related to hazing at or in connection with an
educational institution.
1. "Educational institution" includes a public or private:
1. high school; or
2. college, university, or other postsecondary educational
establishment.
3. Texas tarpon fishing related institution.
2. "Pledge" means any person who has been accepted by, is considering
an offer of membership from, or is in the process of qualifying
for membership in any organization.
3. "Pledging" means any action or activity related to becoming a
member of an organization.
4. "Student" means any person who:
1. is registered in or in attendance at an educational
institution;
2. has been accepted for admission at the educational
institution where the hazing incident occurs; or
3. intends to attend an educational institution during any of
its regular sessions after a period of scheduled vacation.
5. "Organization" means a fraternity, sorority, association,
corporation, order, society, corps, cooperative, club, or service,
social, or a similar group, whose members are primarily students
at an educational institution not to exclude "Club Sabalo de San Luis".
6. "Hazing" means any intentional knowing, or reckless act, occurring
on or off the campus of an educational institution, by one person
alone or acting with others, directed against a student that
endangers the mental or physical health or safety of a student for
the purpose of pledging, being initiated into, affiliating with,
holding office in, or maintaining membership in any organization
whose members are students at an educational institution. The term
includes but is not limited to:
1. any type of physical brutality, such as whipping, beating,
striking, branding, electronic shocking, placing of a harmful
substance on the body, or similar activity;
2. any type of physical activity, such as sleep deprivation,
exposure to the elements, confinement in a small space,
calisthenics, or other activity that subjects the student to
an unreasonable risk or harm or that adversely affects the
mental or physical health or safety of the student;
3. any activity involving consumption of a food, liquid,
alcoholic beverage, liquor, drug, or other substance which
subjects the student to an unreasonable risk of harm or which
adversely effects the mental or physical health or safety of
the student;
4. any activity that intimidates or threatens the student with
ostracism that subjects the student to extreme mental stress,
shame, or humiliation, or that adversely effects the student
from entering or remaining registered in an educational
institution, or that may reasonably be expected to cause a
student to leave the organization or the institution rather
than submit to acts described in this subsection;
5. any activity that induces, causes, or requires the student to
perform a duty or task which involves a violation of the
Penal Code. Sec. 4.52.

Personal Hazing Offense
1. A person commits an offense if the person:
1. engages in hazing;
2. solicits, encourages, directs, aids, or attempts to aid
another in engaging in hazing;
3. intentionally, knowingly, or recklessly permits hazing to
occur; or
4. has firsthand knowledge of the planning of a specific hazing
incident involving a student in an educational institution,
or firsthand knowledge that a specific hazing incident has
occurred, and knowingly fails to report said knowledge in
writing to the Dean of Students or other appropriate
officials of the institution.
2. The offense of failing to report is a misdemeanor punishable by a
fine not to exceed $1,000, confinement in county jail for not more
than 180 days, or both such fine and confinement.
3. Any other offense under this section which does not cause serious
bodily injury to another is a misdemeanor punishable by a fine of
not less than $500 nor more than $1,000, confinement in county
jail for not less than 90 days nor more than 180 days, or both
such fine and confinement.
4. Any other offense under this section which causes serious bodily
injury to another is a misdemeanor punishable by a fine of not
less than $1,000 nor more than $5,000, confinement in county jail
for not less than 180 days nor more than one year, or both such
fine and confinement.
5. Any other offense under this section which causes the death of
another is a misdemeanor punishable by a fine of not less than
$5,000 nor more than $10,000, confinement in county jail for not
less than one year nor more than two years, or both such fine and
confinement.
6. Except when an offense causes the death of a student in sentencing
a person convicted of an offense under this section, the court may
require the person to perform community service, subject to the
same conditions imposed on community service probationers by
Subdivision (1), Subsection (e), and subsections (c), (d), (g),
(h) of section 10A. Article 42.12, Code of Criminal Procedure, for
an appropriate period of time in lieu of confinement in county
jail or in lieu of a part of the time the person is sentenced to
confinement in county jail.

Sec. 4.53 Organization Hazing Offense
1. An organization commits an offense if the organization condones or
encourages hazing or if an officer or any combination of members,
pledges, or alumni of the organization commits or assists in the
commission of hazing.
2. An offense under this section is a misdemeanor punishable by a
fine of not less than $5,000 nor more than $10,000, or if a court
finds that the offense caused personal injury, property damage, or
other loss. The court may sentence the organization to pay a fine
of not less than $5,000 nor more than double the amount loss or
expenses incurred because of such injury, damage, or loss.

Sec. 4.54 Consent Not a Defense
It is not a defense to prosecution for the offense under this
subchapter that the person against whom the hazing was directed
consented to or acquiesced in the hazing activity.

Sec. 4.55 Immunity From Prosecution Available
In the prosecution of an offense under this subchapter, the court may
grant immunity from prosecution for the offense to each person who is
subpoenaed to testify for the prosecution and does testify for the
prosecution. Any person reporting a specific hazing incident involving
a student in an educational institution to the Dean of Students or
other appropriate official of the institution is immune from
liability, civil, or criminal, that might otherwise be incurred or
imposed as a result of the report. Immunity extends to participation
in any judicial proceeding resulting from the report. A person
reporting in bad faith or with malice is not protected by this
section.

Sec. 4.56 Offenses in Addition to Other Penal Provisions
This subchapter does not affect or repeal any penal law of this state.
Nothing in this subchapter shall limit or affect the right of an
educational institution to enforce its own penalties against hazing.

Sec. 4.57 Reporting by Medical Authorities
Treatment of a student who may have been subjected to hazing
activities may be reported to police or other law enforcement
officials. The doctor of medical practitioner so reporting shall be
immune from civil suit or other liability that might otherwise be
imposed or incurred as a result of the report, unless the report is
made in bad faith or with malice.

Sec. 4.58 Publication of Subchapter
1. Each postsecondary educational institution shall cause to be
published or distributed to each student during the first three
weeks of each semester a summary of the provisions of this
subchapter.
2. The institution shall publish or distribute in the same manner a
list of organizations that have been disciplined for hazing or
convicted for hazing on or off the campus of the institution
during the previous three years.
3. If the institution publishes a general catalog, student handbook,
or similar publication, it shall publish a summary of the
provisions of this subchapter in each edition of that catalog,
handbook, or similar publication.

Section 3 Sec. 4.19
Education Code is repealed
Section 4
If any provision of this Act or its application to any person, entity,
or circumstances is held invalid, the invalidity does not affect other
provisions or applications of this Act that can be given effect
without the invalid provision or application, and to this end the
provisions or applications of this Act that can be given effect
without the invalid provision or application, and to this end the
provisions of this Act are declared to be severable.


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## Tarponchaser (May 25, 2005)

*Pictures*

Brent,

That is a long blog. Do you have a version that has pictures to describe whatever you are trying to tell us about?

TC


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## Brent (May 26, 2004)

Tarponchaser said:


> Brent,
> 
> That is a long blog. Do you have a version that has pictures to describe whatever you are trying to tell us about?
> 
> TC


Doug...I am just trying to CMA here. If you need specifics, go back and read 1-3 and number 5 of the "Texas Hazing Law" that I posted. If that isn't obvious enough, Section 3 Sec. 4.19, Section 4, CLEARLY states in PLAIN ENGLISH:

"If any provision of this Act or its application to any person, entity,
or circumstances is held invalid, the invalidity does not affect other
provisions or applications of this Act that can be given effect
without the invalid provision or application, and to this end the
provisions or applications of this Act that can be given effect
without the invalid provision or application, and to this end the
provisions of this Act are declared to be severable."

I don't know why you would need a picture with something as simple as that, but if that still does not describe what I am trying to say without a doubt, not withstanding anything herein to the contrary, I don't know what will. If you have any further questions, please contact my attorney at the Law Offices of Dewey Cheatham & Howe.

My best...Brent


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## Catch 22 (Jul 5, 2005)

*Brent is right!*

Doug, please! The pictures Brent has could not be posted on this site! Don't ask him again! Read the entire section again and it will become obvious that there is a rift between the "Umbrella Boys".

I am more inclined to be on Brent's side. Durham should have remembered to turn the swith off! It is his boat and he should provide battery cables as well.


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## Brent (May 26, 2004)

Catch 22 said:


> Read the entire section again and it will become obvious that there is a rift between the "Umbrella Boys".


No rift here. As long as the boat floats, I am just happy to be there!!!


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## Ricky T (Aug 4, 2007)

Happy Belated Birthday, JD.


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## Jimmy Durham (May 25, 2004)

*Thanks*

Thanks everyone. I not sure there is even a response to all that was said above.

I know we are supposed to be Tarpon purist, but I had a great day fishing crappie at Lake Livingston. Crappie caught in about one foot of water.

Jimmy


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