1-1 By: Saunders (Senate Sponsor - Parker) H.B. No. 2044
1-2 (In the Senate - Received from the House May 17, 1993;
1-3 May 18, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 25, 1993, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to collection of civil restitution for illegal taking of
1-22 wildlife.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 12.303, Parks and Wildlife Code, is
1-25 amended to read as follows:
1-26 Sec. 12.303. Civil Suit for Recovery of Value. (a) The
1-27 attorney general or the county attorney of the county in which the
1-28 violation occurred may bring a civil suit under this subchapter in
1-29 the name of the state to recover the value of each fish, shellfish,
1-30 reptile, amphibian, bird, or animal unlawfully killed, caught,
1-31 taken, possessed, or injured.
1-32 (b) A suit under this section shall be brought in the county
1-33 in which the violation occurred, except that the attorney general
1-34 may bring suit in Travis County.
1-35 (c) County attorneys and private attorneys who are under
1-36 contract with the department pursuant to the provisions of this
1-37 subchapter shall be exempt from prepayment of filing fees for the
1-38 bringing of any lawsuit authorized by this subchapter. The
1-39 department is required to reimburse county governments for filing
1-40 fees and costs after successful recovery of restitution.
1-41 SECTION 2. Subchapter D, Chapter 12, Parks and Wildlife
1-42 Code, is amended by adding Section 12.308 to read as follows:
1-43 Sec. 12.308. COLLECTION METHODS. (a) Notwithstanding any
1-44 other law, the department may contract with private attorneys to
1-45 facilitate the collection of civil restitution. Contracts with
1-46 attorneys solely for collections shall not be subject to review or
1-47 oversight by the attorney general.
1-48 (b) The department may by contract agree to pay a percentage
1-49 of the total amount collected under a contract to the collector as
1-50 a fee for the collections.
1-51 (c) A private attorney who collects restitution pursuant to
1-52 a contract with the department may bring a civil lawsuit in any
1-53 court of competent jurisdiction in the state in the name of the
1-54 State of Texas in furtherance of collections.
1-55 SECTION 3. The importance of this legislation and the
1-56 crowded condition of the calendars in both houses create an
1-57 emergency and an imperative public necessity that the
1-58 constitutional rule requiring bills to be read on three several
1-59 days in each house be suspended, and this rule is hereby suspended,
1-60 and that this Act take effect and be in force from and after its
1-61 passage, and it is so enacted.
1-62 * * * * *
1-63 Austin,
1-64 Texas
1-65 May 25, 1993
1-66 Hon. Bob Bullock
1-67 President of the Senate
1-68 Sir:
2-1 We, your Committee on Natural Resources to which was referred H.B.
2-2 No. 2044, have had the same under consideration, and I am
2-3 instructed to report it back to the Senate with the recommendation
2-4 that it do pass and be printed.
2-5 Sims,
2-6 Chairman
2-7 * * * * *
2-8 WITNESSES
2-9 No witnesses appeared on H.B. No. 2044.