By: Moncrief, Lucio S.B. No. 23
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the protection of certain animals; providing civil and
1-2 criminal penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter G, Chapter 12, Parks and Wildlife
1-5 Code, is amended to read as follows:
1-6 SUBCHAPTER G. REGULATION OF POSSESSION AND DISPOSITION
1-7 OF RESTRICTED WILD ANIMALS
1-8 Sec. 12.601. DEFINITIONS AND SCOPE <DEFINITION>. (a) In
1-9 this subchapter, "restricted wild animals" means live:
1-10 (1) lions;
1-11 (2) tigers;
1-12 (3) <ocelots;>
1-13 <(4)> cougars;
1-14 (4) <(5)> leopards;
1-15 (5) <(6)> cheetahs;
1-16 (6) <(7) jaguars;>
1-17 <(8)> hyenas;
1-18 (7) <(9)> bears; and
1-19 (8) <(10) lesser pandas;>
1-20 <(11) binturongs;>
1-21 <(12)> wolves<;>
1-22 <(13) apes;>
1-23 <(14) elephants; and>
2-1 <(15) rhinoceroses>.
2-2 (b) Hybrids of animals, other than wolves, listed in
2-3 Subsection (a) of this section also are included in the definition
2-4 of "restricted wild animals."
2-5 (c) Species or subspecies listed as threatened pursuant to
2-6 Chapter 67 of this code or as endangered pursuant to Chapter 68 of
2-7 this code are not subject to regulation under this subchapter.
2-8 Sec. 12.602. POSSESSION OF RESTRICTED WILD ANIMALS <PERMIT
2-9 REQUIRED>. (a) No person may possess a restricted wild animal
2-10 <for breeding, exhibition, or personal use> unless the person:
2-11 (1) holds the animal:
2-12 (A) under a restricted wild animal permit issued
2-13 by the department pursuant to this subchapter, a permit issued
2-14 pursuant to federal law, or a permit issued under Chapter 824,
2-15 Health and Safety Code; and
2-16 (B) after September 1, 1994, only for purposes
2-17 other than breeding;
2-18 (2) holds the animal pursuant to a permit issued by
2-19 the department under Subchapter C of Chapter 43 of this code; or
2-20 (3) holds the animal pursuant to a restricted wild
2-21 animal breeder's permit issued by the department under this
2-22 subchapter.
2-23 (b) A person holding an animal under the authority of
2-24 Subsection (a) of this section pursuant to a permit not issued by
2-25 the department may be required by commission regulation to register
3-1 the animal with the department, to update that registration
3-2 periodically, and to pay a registration fee.
3-3 (c) After September 1, 1994, there shall be a rebuttable
3-4 presumption that a person holding a restricted wild animal is
3-5 holding the animal for breeding purposes if:
3-6 (1) the animal is pregnant or gives birth to
3-7 offspring, unless the person proves that the animal was pregnant
3-8 prior to the time the person took possession or prior to the
3-9 effective date of this subsection, whichever is later; or
3-10 (2) the person has at least one member of each sex of
3-11 the same species that has not been altered by sterilization <has a
3-12 permit issued by the department>.
3-13 <(b) The commission by rule shall prescribe requirements
3-14 under which a person may safely possess a wild animal for breeding,
3-15 exhibition, or personal use.>
3-16 <(c) This section does not apply to a person licensed under
3-17 other state or federal law to breed or exhibit a wild animal.>
3-18 Sec. 12.603. APPLICATION FOR AND ISSUANCE OF PERMIT. (a) A
3-19 person shall apply to the department on a form prescribed by the
3-20 department for a permit required by Section 12.602 of this code.
3-21 (b) The department shall issue the applicant a new or
3-22 renewed possession permit if the department determines that the
3-23 applicant meets the applicable <department's> requirements set out
3-24 in this subchapter and in the commission's regulations <for
3-25 possession of a wild animal for breeding, exhibition, or personal
4-1 use>.
4-2 (c) The department shall issue the applicant a new or
4-3 renewed breeder's permit if the department determines that the
4-4 applicant meets the applicable requirements set out in this
4-5 subchapter and in the commission's regulations.
4-6 (d) Permits issued pursuant to this subchapter on or after
4-7 September 1, 1993, shall be valid for a term of two years from the
4-8 date of issuance.
4-9 (e) Permits issued pursuant to this subchapter prior to
4-10 September 1, 1993, shall be considered to be valid permits under
4-11 Subsection (b) of this section and shall be valid for a term that
4-12 is the shorter of:
4-13 (1) two years from the date of any amendment to add an
4-14 additional animal to the definition of restricted wild animal under
4-15 Section 12.601(a) of this code if the amendment is requested after
4-16 September 1, 1993; or
4-17 (2) 10 years from the effective date of that
4-18 subsection.
4-19 Sec. 12.604. <FEES. The fee for a permit issued under
4-20 Section 12.603 of this code is $100 for each wild animal, but may
4-21 not exceed $500, regardless of the number of wild animals.>
4-22 <Sec. 12.605.> REVOCATION OF PERMIT AND REMOVAL OF
4-23 RESTRICTED WILD ANIMALS. (a) The department may revoke a permit
4-24 issued under Section 12.603 of this code if the department
4-25 determines that the person is not in compliance with or has
5-1 violated a requirement of this subchapter, rules adopted pursuant
5-2 to this subchapter, or a provision of the permit <department
5-3 requirements for possession of the wild animal>.
5-4 (b) A peace officer may <The department shall> remove a
5-5 restricted <the> wild animal from a person if the peace officer has
5-6 probable cause to believe that the person's possession of or
5-7 conduct regarding the animal violates:
5-8 (1) this subchapter or a rule adopted or permit issued
5-9 under this subchapter; or
5-10 (2) Subchapter C of Chapter 43 of this code or a rule
5-11 adopted or permit issued under that subchapter <whose permit has
5-12 been revoked by the department>.
5-13 (c) A peace officer may remove a carcass, part, or product
5-14 made from a restricted wild animal from a person if the peace
5-15 officer has probable cause to believe that the person's conduct or
5-16 activity violates:
5-17 (1) this subchapter or a rule adopted or permit issued
5-18 under this subchapter; or
5-19 (2) Subchapter C of Chapter 43 of this code or a rule
5-20 adopted or permit issued under that subchapter.
5-21 (d) A person from whom a restricted wild animal is removed
5-22 under this section is liable for reasonable costs of removal and of
5-23 holding the animal until disposition.
5-24 Sec. 12.605. DISPOSITION OF CONFISCATED ANIMALS AND GOODS.
5-25 (a) The department shall dispose of a restricted <the> wild animal
6-1 removed from a person under Section 12.604 of this code <Subsection
6-2 (b) of this section> in a manner the department determines is in
6-3 the best interest of the <wild> animal including sale by the
6-4 department or euthanasia.
6-5 (b) The department may dispose of a carcass, part, or
6-6 product made from a restricted wild animal removed from a person
6-7 under Section 12.604 of this code in the manner the department
6-8 determines to be appropriate.
6-9 Sec. 12.606. LOCAL REGULATION. This subchapter does not
6-10 restrict the authority of a local government to further regulate
6-11 the possession of restricted wild animals.
6-12 Sec. 12.607. PROHIBITED ACTS. (a) Except as provided in
6-13 Section 12.608(e), after September 1, 1995, no person holding a
6-14 restricted wild animal pursuant to a breeder's permit issued under
6-15 this subchapter may sell the restricted wild animal.
6-16 (b) No person may transport, propagate, possess, purchase,
6-17 sell, offer to sell, or transfer possession of a restricted wild
6-18 animal, an elephant, or a rhinoceros to facilitate hunting of that
6-19 animal.
6-20 (c) No person may hunt, injure, or kill an elephant,
6-21 rhinoceros, or a restricted wild animal other than a cougar.
6-22 (d) No person may hunt, injure, or kill a cougar that is or
6-23 has previously been held in captivity.
6-24 (e) After September 1, 1995, no person may purchase a
6-25 restricted wild animal unless at the time of purchase the animal
7-1 has been permanently marked in accordance with commission
7-2 regulations and the person possesses:
7-3 (1) a permit authorizing possession of the animal
7-4 issued by the department under this subchapter and a sworn
7-5 veterinarian's certificate stating the animal has been altered by
7-6 sterilization;
7-7 (2) a breeder's permit authorizing possession of the
7-8 animal issued by the department under this subchapter; or
7-9 (3) a scientific or zoological permit issued pursuant
7-10 to Subchapter C of Chapter 43 of this code authorizing possession
7-11 of the animal.
7-12 Sec. 12.608. DEFENSES. (a) It is a defense to prosecution
7-13 or a suit for civil penalties for a violation of Section 12.607(c)
7-14 or (d) of this code that the act complained of was a reasonable
7-15 response to a reasonably perceived imminent threat of serious
7-16 bodily injury or death to a human being or of serious damage to
7-17 private property. The defense of a reasonable response to an
7-18 imminent threat of serious damage to private property is not
7-19 available to a person who substantially contributes to creating the
7-20 risk.
7-21 (b) It is an affirmative defense to prosecution or a suit
7-22 for civil penalties for a violation of Section 12.607(d) of this
7-23 code that the defendant did not know or have reason to know that
7-24 the cougar had been held in captivity.
7-25 (c) It is an affirmative defense to prosecution or a suit
8-1 for civil penalties for injuring or killing a restricted wild
8-2 animal, elephant, or rhinoceros in violation of Section 12.607(c)
8-3 or (d) of this code that the death or injury complained of was the
8-4 unintended result of an otherwise lawful act.
8-5 (d) It is a defense to prosecution or a suit for civil
8-6 penalties for injuring or killing a restricted wild animal,
8-7 elephant, or rhinoceros in violation of Section 12.607(c) or (d) of
8-8 this code that the death or injury complained of resulted solely
8-9 from treatment or euthanasia of the animal by a licensed
8-10 veterinarian.
8-11 (e) It is a defense to prosecution or a suit for civil
8-12 penalties for a violation of Section 12.607(a) of this code that
8-13 the restricted wild animal was permanently marked in accordance
8-14 with commission regulations and that, at the time of the
8-15 transaction, the purchaser:
8-16 (1) had a breeder's permit issued under this
8-17 subchapter or a scientific or zoological permit issued pursuant to
8-18 Subchapter C of Chapter 43 of this code authorizing possession of
8-19 the restricted wild animal;
8-20 (2) resided outside of this state and the purchaser's
8-21 possession of the restricted wild animal was legal in the state of
8-22 residence of the purchaser; or
8-23 (3) had a permit, other than a breeder's permit,
8-24 issued by the department pursuant to this subchapter and the
8-25 restricted wild animal had been altered by sterilization.
9-1 Sec. 12.609. REGULATIONS. (a) The commission shall adopt
9-2 regulations governing qualifications for permits and the adequacy
9-3 of facilities permitted under this subchapter. Facility standards
9-4 shall address both the welfare of the restricted wild animals and
9-5 human safety.
9-6 (b) The commission may adopt other regulations to implement
9-7 the provisions of this subchapter including regulations requiring
9-8 the registration of restricted wild animals held under permits not
9-9 issued by the department and establishing registration fees,
9-10 regulations establishing application fees and permit fees, and
9-11 regulations establishing standards for permanently marking
9-12 restricted wild animals.
9-13 Sec. 12.610. PENALTIES <12.607. PENALTY>. (a) A person
9-14 who violates Section 12.602 or Section 12.607(a) or (e) of this
9-15 code, <a provision of this subchapter or> a rule adopted under this
9-16 subchapter, or a permit issued under this subchapter commits an
9-17 offense that is a Class B <C> Parks and Wildlife Code misdemeanor.
9-18 (b) A person who violates Section 12.607(b), (c), or (d) of
9-19 this code commits an offense that is a Class A Parks and Wildlife
9-20 Code misdemeanor.
9-21 (c) A person who violates this subchapter or a rule adopted
9-22 or a permit issued under this subchapter is subject to a civil
9-23 penalty of not less than $500 or more than $10,000 for each act of
9-24 violation.
9-25 (d) The pendency or determination of a civil suit or a
10-1 criminal prosecution under this subchapter for the same violation
10-2 does not bar the other action.
10-3 Sec. 12.611. CIVIL SUIT. (a) At the department's request,
10-4 the attorney general or the county attorney of the county in which
10-5 the violation occurred may file a civil suit under this subchapter
10-6 to recover:
10-7 (1) civil penalties; and
10-8 (2) the following costs incurred by the department or
10-9 on behalf of the state:
10-10 (A) costs of seizing and holding a restricted
10-11 wild animal under Section 12.604 of this code;
10-12 (B) actual investigations;
10-13 (C) reasonable attorney fees; and
10-14 (D) reasonable expert witness fees.
10-15 (b) A suit under this section may be brought only in the
10-16 county in which the violation occurred unless the attorney general
10-17 files the suit, in which case the suit may be filed in that county
10-18 or Travis County.
10-19 Sec. 12.612. DISPOSITION OF MONEY. (a) Money recovered
10-20 under Section 12.611(a)(2) of this code shall be deposited to the
10-21 credit of the fund from which the recovered expenditure was made.
10-22 (b) The department shall deposit other money received under
10-23 this subchapter to the credit of the game, fish, and water safety
10-24 fund.
10-25 SECTION 2. Section 43.021, Parks and Wildlife Code, is
11-1 amended to read as follows:
11-2 Sec. 43.021. PROTECTED WILDLIFE. In this subchapter,
11-3 "protected wildlife" means all animals, birds, fish, and other
11-4 aquatic life the taking, possession, or propagation of which is
11-5 regulated by law or by the commission <department> and includes
11-6 endangered species, provided, however, that for purposes of this
11-7 subchapter, "protected wildlife" shall not include marine mammals
11-8 protected under the Marine Mammal Protection Act (16 U.S.C. Section
11-9 1362 et seq.), and any amendments thereto, except for those marine
11-10 mammals for which the department has been delegated "management
11-11 authority" under the Marine Mammal Protection Act (16 U.S.C.
11-12 Section 1379).
11-13 SECTION 3. Section 43.027, Parks and Wildlife Code, is
11-14 amended to read as follows:
11-15 Sec. 43.027. REGULATIONS. The commission <department> may
11-16 make regulations to implement this subchapter, including
11-17 regulations establishing standards governing the taking and
11-18 possession of protected wildlife, qualifications for permits, and
11-19 the adequacy of facilities <indigenous to the state for the
11-20 scientific purposes, zoological gardens, rehabilitation purposes,
11-21 and propagation purposes>.
11-22 SECTION 4. Chapter 68, Parks and Wildlife Code, is amended
11-23 by adding Section 68.0011 to read as follows:
11-24 Sec. 68.0011. SCOPE OF CHAPTER. This chapter applies only
11-25 to endangered species or subspecies of fish or wildlife that are
12-1 indigenous to Texas, provided, however, that this chapter does not
12-2 apply to the Marine Mammal Protection Act (16 U.S.C. Section 1362
12-3 et seq.), and any amendments thereto, except for those marine
12-4 mammals for which the department has been delegated "management
12-5 authority" under the Marine Mammal Protection Act (16 U.S.C.
12-6 Section 1379).
12-7 SECTION 5. Section 68.007, Parks and Wildlife Code, is
12-8 amended to read as follows:
12-9 Sec. 68.007. PROPAGATION PERMIT REQUIRED. (a) No person
12-10 may possess endangered fish or wildlife for the purpose of
12-11 propagating them for sale unless he has first acquired a commercial
12-12 propagation permit issued by the department under this chapter.
12-13 (b) Endangered fish or wildlife held under a propagation
12-14 permit may not be sold, offered for sale, purchased, transported,
12-15 or otherwise transferred for purposes of facilitating hunting of
12-16 those animals.
12-17 (c) Endangered fish or wildlife held under a propagation
12-18 permit may be sold only to a person who at the time of the
12-19 transaction:
12-20 (1) possessed a propagation permit issued under this
12-21 chapter authorizing possession of the endangered fish or wildlife;
12-22 (2) possessed a scientific or zoological permit issued
12-23 pursuant to Subchapter C of Chapter 43 of this code authorizing
12-24 possession of the animal; or
12-25 (3) resided outside of this state and whose possession
13-1 of the endangered fish or wildlife was legal in his state of
13-2 residence.
13-3 SECTION 6. Section 68.008, Parks and Wildlife Code, is
13-4 amended to read as follows:
13-5 Sec. 68.008. Original Propagation Permit. (a) A person may
13-6 apply for an original propagation permit by submitting an
13-7 application containing information or statements as required by the
13-8 department and by submitting an original propagation permit fee of
13-9 $300 or an amount set by the commission, whichever amount is more.
13-10 (b) The department shall issue the permit if it determines
13-11 that the applicant has complied with Subsection (a) of this
13-12 section, that the initial breeding stock was <acquired under a
13-13 permit issued under Section 43.022 of this code or was otherwise>
13-14 legally acquired, that the requirements of the commission's
13-15 regulations have been met, and that the applicant has not violated
13-16 the laws of the United States, this state, or another state with
13-17 respect to the acquisition of breeding stock.
13-18 (c) An original propagation permit must contain a
13-19 description of endangered fish and wildlife authorized to be
13-20 possessed under the permit.
13-21 (d) An original propagation permit is valid for one year
13-22 from the date of its issuance.
13-23 SECTION 7. Section 68.009, Parks and Wildlife Code, is
13-24 amended to read as follows:
13-25 Sec. 68.009. Renewal Propagation Permit. (a) Except as
14-1 provided in Subsection (c) of this section, a <A> person holding an
14-2 original propagation permit or a renewal propagation permit is
14-3 entitled to receive from the department a renewal propagation
14-4 permit on application to the department and on the payment of a
14-5 renewal propagation permit fee of $550 or an amount set by the
14-6 commission, whichever amount is more, if the application and fee
14-7 are received by the department during the period beginning 30 <10>
14-8 days before the expiration date of the outstanding permit and
14-9 extending through the expiration date of the then current permit.
14-10 (b) A renewal propagation permit is valid for a period of
14-11 three years beginning on the date of its issuance.
14-12 (c) The department may refuse to renew any permit if it
14-13 determines that it would be in the best interest of the species of
14-14 fish or wildlife described in the permit, that the applicant has
14-15 not demonstrated compliance with the requirements of the
14-16 commission's regulations or that during the previous permit term
14-17 the applicant violated any requirement of this chapter, any
14-18 regulation adopted pursuant to this chapter, or any provision of a
14-19 permit issued pursuant to this chapter.
14-20 SECTION 8. Section 68.014, Parks and Wildlife Code, is
14-21 amended to read as follows:
14-22 Sec. 68.014. Regulations. The commission <department> shall
14-23 make regulations necessary to administer the provisions of this
14-24 chapter and to attain its objectives, including regulations to
14-25 govern:
15-1 (1) permit application forms, fees, and procedures;
15-2 (2) hearing procedures;
15-3 (3) procedures for identifying endangered fish and
15-4 wildlife or goods made from endangered fish or wildlife which may
15-5 be possessed, propagated, or sold under this chapter; <and>
15-6 (4) publication and distribution of lists of species
15-7 and subspecies of endangered fish or wildlife and their products;
15-8 and
15-9 (5) qualifications for propagation permits and
15-10 facility standards for permitted facilities addressing both the
15-11 welfare of the animal and human safety.
15-12 SECTION 9. Section 68.015, Parks and Wildlife Code, is
15-13 amended to read as follows:
15-14 Sec. 68.015. Prohibited Acts. (a) No person may possess,
15-15 propagate, purchase, hunt, injure, kill, sell, distribute, or offer
15-16 or advertise for sale endangered fish or wildlife <unless the fish
15-17 or wildlife have been lawfully born and raised in captivity for
15-18 commercial purposes under the provisions of this chapter>.
15-19 (b) No person may possess, sell, distribute, or offer or
15-20 advertise for sale <any> goods made in whole or in part from
15-21 endangered fish or wildlife <unless:>
15-22 <(1) the goods were made from fish or wildlife that
15-23 were born and raised in captivity for commercial purposes under the
15-24 provisions of this chapter; or>
15-25 <(2) the goods were made from fish or wildlife
16-1 lawfully taken in another state and the person presents documented
16-2 evidence to the department to substantiate that fact>.
16-3 (c) No person may sell, advertise, or offer for sale any
16-4 species of fish or wildlife not classified as endangered under the
16-5 name of any endangered fish or wildlife.
16-6 SECTION 10. Chapter 68, Parks and Wildlife Code, is amended
16-7 by adding Section 68.0151 to read as follows:
16-8 Sec. 68.0151. DEFENSES. (a) It is a defense to
16-9 prosecution, a suit for civil penalties, or a suit for recovery of
16-10 the value of fish or wildlife under this chapter that the activity
16-11 was authorized by a propagation permit issued pursuant to this
16-12 chapter or a permit issued pursuant to Subchapter C of Chapter 43
16-13 of this code.
16-14 (b) It is an affirmative defense to prosecution or suit for
16-15 civil penalties for a violation of Section 68.015(b) of this code
16-16 that:
16-17 (1) the goods were made from fish or wildlife that
16-18 were lawfully born and raised in captivity for commercial purposes
16-19 under the provisions of this chapter; or
16-20 (2) the goods were made from fish or wildlife lawfully
16-21 taken in another state.
16-22 (c) It is a defense to prosecution, a suit for civil
16-23 penalties, or a suit for recovery of value of fish or wildlife that
16-24 the activities complained of consisted solely of reasonable medical
16-25 treatment, including euthanasia, by a licensed doctor of veterinary
17-1 medicine.
17-2 (d) It is a defense to prosecution, a suit for civil
17-3 penalties, or a suit for recovery of value of fish or wildlife for
17-4 injuring or killing endangered fish or wildlife in violation of
17-5 Section 68.015(a) of this code that the act complained of was a
17-6 reasonable response to a reasonably perceived imminent threat of
17-7 serious bodily injury or death to a human.
17-8 (e) It is an affirmative defense to prosecution, a suit for
17-9 civil penalties, or a suit for recovery of value of fish or
17-10 wildlife for injuring or killing endangered fish or wildlife in
17-11 violation of Section 68.015(a) of this code that the death or
17-12 injury complained of was the unintended result of an otherwise
17-13 lawful act.
17-14 SECTION 11. Section 68.016, Parks and Wildlife Code, is
17-15 amended to read as follows:
17-16 Sec. 68.016. SOLD SPECIES TO BE TAGGED. No person may sell
17-17 endangered fish or wildlife or goods made from endangered fish or
17-18 wildlife unless the fish or wildlife or goods are tagged or labeled
17-19 in a manner to indicate compliance with this chapter and commission
17-20 regulations <Section 68.015(a) and (b) of this code>.
17-21 SECTION 12. Section 68.017, Parks and Wildlife Code, is
17-22 amended to read as follows:
17-23 Sec. 68.017. SEIZURE OF FISH OR WILDLIFE. (a) A peace
17-24 officer <who has arrested a person for a violation of this chapter>
17-25 may seize fish or wildlife or goods made in whole or in part from
18-1 fish or wildlife if he has probable cause to believe the fish or
18-2 wildlife or goods are possessed or were purchased, sold, offered
18-3 for sale, taken, <possessed,> or made in violation of this chapter.
18-4 (b) Fish or wildlife or goods seized <Property taken> under
18-5 this section shall be delivered to the department for holding
18-6 pending disposition of the court proceedings. If the court
18-7 determines that the fish or wildlife or goods were <property was>
18-8 taken, possessed, purchased, sold, offered for sale, or made in
18-9 violation of the provisions of this chapter, the department may
18-10 dispose of the fish or wildlife or goods <property> under its
18-11 regulations. The costs of the department in holding seized fish or
18-12 wildlife or goods during the pendency of the proceedings may, in
18-13 appropriate cases, be assessed against the defendant.
18-14 SECTION 13. Section 68.021, Parks and Wildlife Code, is
18-15 amended to read as follows:
18-16 Sec. 68.021. PENALTIES <PENALTY>. (a) A person who
18-17 violates any provision of this chapter commits an offense that is a
18-18 Class A <C> Parks and Wildlife Code misdemeanor.
18-19 (b) <A person who violates any provision of this chapter and
18-20 who has been convicted on one previous occasion of a violation of
18-21 this chapter commits an offense that is a Class B Parks and
18-22 Wildlife Code misdemeanor.>
18-23 <(c) A person who violates any provision of this chapter and
18-24 who has been convicted on two or more previous occasions of a
18-25 violation of this chapter commits an offense that is a Class A
19-1 Parks and Wildlife Code misdemeanor.>
19-2 <(d)> A violation of a regulation or permit of the
19-3 department issued under the authority of this chapter is a
19-4 violation of this chapter.
19-5 (c) In addition to the penalty prescribed by Subsection (a)
19-6 of this section, a person who violates a provision of this chapter
19-7 is subject to a civil penalty of not less than $500 nor more than
19-8 $10,000 for each act of violation.
19-9 SECTION 14. Chapter 68, Parks and Wildlife Code, is amended
19-10 by adding Section 68.022 to read as follows:
19-11 Sec. 68.022. CIVIL SUIT. (a) At the department's request,
19-12 the attorney general or the county attorney of the county in which
19-13 a violation of this chapter occurred may bring a civil suit under
19-14 this chapter to recover:
19-15 (1) civil penalties;
19-16 (2) the value of any fish or wildlife taken in
19-17 violation of this chapter; and
19-18 (3) costs incurred by the department or on behalf of
19-19 the state for:
19-20 (A) seizing or holding fish or wildlife or goods
19-21 under Section 68.017 of this code;
19-22 (B) actual investigations;
19-23 (C) reasonable attorney fees; and
19-24 (D) reasonable expert witness fees.
19-25 (b) Money recovered under Subsection (a)(3) of this section
20-1 shall be deposited to the credit of the fund from which the
20-2 expenditure was made.
20-3 (c) In a suit under Subsection (a) of this section to
20-4 recover the value of fish or wildlife taken in violation of this
20-5 chapter, a value calculated by the department under regulations
20-6 adopted by the commission under Section 12.302 of this code is
20-7 presumed to be correct and valid.
20-8 (d) A suit under this section may be brought only in the
20-9 county in which the violation occurred unless the attorney general
20-10 files the suit, in which case the suit may be filed in that county
20-11 or in Travis County.
20-12 SECTION 15. Subsection (c), Section 64.002, Parks and
20-13 Wildlife Code, is amended to read as follows:
20-14 (c) Canaries, parrots, and other exotic nongame birds, other
20-15 than red-lored parrots, green parakeets, yellow headed parrots, and
20-16 red crowned parrots that have been captured from the wild in Texas
20-17 after September 1, 1993, or hatched after September 1, 1993, from
20-18 eggs from individuals captured from the wild in Texas, may be sold,
20-19 purchased, and kept as domestic pets.
20-20 SECTION 16. (a) The change in law made by this Act applies
20-21 only to an offense committed on or after the effective date of this
20-22 Act. For purposes of this section, an offense is committed before
20-23 the effective date of this Act if any element of the offense occurs
20-24 before that date.
20-25 (b) An offense committed before the effective date of this
21-1 Act is covered by the law including rules adopted under that law in
21-2 effect when the offense was committed, and the former law is
21-3 continued in effect for this purpose.
21-4 SECTION 17. This Act takes effect September 1, 1993.
21-5 SECTION 18. The importance of this legislation and the
21-6 crowded condition of the calendars in both houses create an
21-7 emergency and an imperative public necessity that the
21-8 constitutional rule requiring bills to be read on three several
21-9 days in each house be suspended, and this rule is hereby suspended.