By Saunders                                           H.B. No. 2044
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to collection of civil restitution for illegal taking of
    1-3  wildlife.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 12.303, Parks and Wildlife Code, is
    1-6  amended to read as follows:
    1-7        Sec. 12.303.  Civil Suit for Recovery of Value.  (a) The
    1-8  attorney general or the county attorney of the county in which the
    1-9  violation occurred may bring a civil suit under this subchapter in
   1-10  the name of the state to recover the value of each fish, shellfish,
   1-11  reptile, amphibian, bird, or animal unlawfully killed, caught,
   1-12  taken, possessed, or injured.
   1-13        (b)  A suit under this section shall be brought in the county
   1-14  in which the violation occurred, except that the attorney general
   1-15  may bring suit in Travis County.
   1-16        (c)  County attorneys and private attorneys who are under
   1-17  contract with the department pursuant to the provisions of this
   1-18  subchapter shall be exempt from prepayment of filing fees for the
   1-19  bringing of any lawsuit authorized by this subchapter.  The
   1-20  department is required to reimburse county governments for filing
   1-21  fees and costs after successful recovery of restitution.
   1-22        SECTION 2.  Subchapter D, Chapter 12, Parks and Wildlife
   1-23  Code, is amended by adding Section 12.308 to read as follows:
    2-1        Sec. 12.308.  COLLECTION METHODS.  (a)  Notwithstanding any
    2-2  other law, the department may contract with private attorneys to
    2-3  facilitate the collection of civil restitution.  Contracts with
    2-4  attorneys solely for collections shall not be subject to review or
    2-5  oversight by the attorney general.
    2-6        (b)  The department may by contract agree to pay a percentage
    2-7  of the total amount collected under a contract to the collector as
    2-8  a fee for the collections.
    2-9        (c)  A private attorney who collects restitution pursuant to
   2-10  a contract with the department may bring a civil lawsuit in any
   2-11  court of competent jurisdiction in the state in the name of the
   2-12  State of Texas in furtherance of collections.
   2-13        SECTION 3.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended,
   2-18  and that this Act take effect and be in force from and after its
   2-19  passage, and it is so enacted.