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House Bill 1818 |
House Author: Kuempel |
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Effective: 9-1-13 |
Senate Sponsor: Deuell |
Current law authorizes a game warden or authorized Parks and Wildlife Department (TPWD) employee to seize the pelt of any fur-bearing animal taken or possessed in violation of a Parks and Wildlife Code provision or a lawful regulation of the Parks and Wildlife Commission. House Bill 1818 amends the Parks and Wildlife Code to also authorize the seizure of a fur‑bearing animal or the carcass of a fur-bearing animal under those circumstances.
House Bill 1818 revises and standardizes the procedures for the disposition of aquatic products; live game; fur-bearing animals, pelts, and carcasses; and alligators, alligator parts, and alligator eggs that are confiscated by TPWD. Under the procedures as revised and standardized by the bill, TPWD is authorized to sell such confiscated animals, parts, or products to the highest of three bidders and is required to provide the buyer a receipt for the items sold. The proceeds of the sale are to be deposited in the state treasury to the credit of the appropriate suspense fund pending the outcome of any action taken against the person charged with the unlawful action for which the items were confiscated. All of the proceeds are to be transferred to the credit of the game, fish, and water safety account if the person is found guilty, pleads guilty or nolo contendere, is placed on deferred adjudication, or fails to appear before a court to answer for the offense. If the person is acquitted by the trial court, the charges against the person are dismissed, or the statute of limitations period for the prosecution of the offense has expired, TPWD is required to pay the proceeds of the sale to the person from whom the items were seized. The bill establishes that, to the extent practicable, Health and Safety Code regulations relating to food health apply to an aquatic product, animal, or animal part sold under these provisions that is intended for sale and use as human food.