By: Moncrief 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. Definition. In this subchapter, "restricted
1-9 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; and
1-18 (7) <(9)> bears not listed under Section 68.002 of
1-19 this code<;>
1-20 <(10) lesser pandas;>
1-21 <(11) binturongs;>
1-22 <(12) wolves;>
1-23 <(13) apes;>
2-1 <(14) elephants; and>
2-2 <(15) rhinoceroses>.
2-3 Sec. 12.602. POSSESSION OF RESTRICTED WILD ANIMALS <PERMIT
2-4 REQUIRED>. (a) No person may possess a restricted wild animal
2-5 <for breeding, exhibition, or personal use> unless the person:
2-6 (1) on December 1, 1993, holds a permit authorizing
2-7 possession of the restricted wild animal issued under this
2-8 subchapter;
2-9 (2) holds a permit authorizing possession of the
2-10 restricted wild animal under Subchapter C, Chapter 43, of this
2-11 code; or
2-12 (3) on December 1, 1993, holds the animal under a
2-13 license to breed or exhibit the animal under federal law or under
2-14 Chapter 824, Health and Safety Code, and in the manner and at the
2-15 time required by commission rules registers the animal with the
2-16 department.
2-17 (b) Except as provided by Section 12.606 of this code, the
2-18 department may not issue a permit authorizing possession of a
2-19 restricted wild animal under this subchapter after November 30,
2-20 1993.
2-21 (c) A permit issued under this subchapter before December 1,
2-22 1993:
2-23 (1) remains valid on and after December 1, 1993,
2-24 unless revoked by the department under Section 12.605 of this code;
2-25 and
3-1 (2) is subject to the provisions of this chapter <has
3-2 a permit issued by the department.>
3-3 <(b) The commission by rule shall prescribe requirements
3-4 under which a person may safely possess a wild animal for breeding,
3-5 exhibition, or personal use.>
3-6 <(c) This section does not apply to a person licensed under
3-7 other state or federal law to breed or exhibit a wild animal>.
3-8 Sec. 12.603. PROHIBITED ACTS. (a) Except as provided by
3-9 Section 12.604 of this code, no person may transport, transfer,
3-10 propagate, purchase, sell, or offer to purchase or sell a
3-11 restricted wild animal.
3-12 (b) No person may transfer possession of a restricted wild
3-13 animal to facilitate hunting of that animal.
3-14 (c) No person may hunt, injure, or kill a restricted wild
3-15 animal other than a cougar.
3-16 (d) No person may hunt, injure, or kill a cougar that is or
3-17 has previously been held in captivity. <APPLICATION FOR AND
3-18 ISSUANCE OF PERMIT. (a) A person shall apply to the department on
3-19 a form prescribed by the department for a permit required by
3-20 Section 12.602 of this code.>
3-21 <(b) The department shall issue the applicant a permit if
3-22 the department determines that the applicant meets the department's
3-23 requirements for possession of a wild animal for breeding,
3-24 exhibition, or personal use.>
3-25 Sec. 12.604. EXCEPTIONS TO PROHIBITED ACTS. (a) Except as
4-1 provided by Subsections (b), (c), and (d) of this section, Section
4-2 12.603(a) of this code does not prohibit the transportation,
4-3 transfer, sale, or offer of sale of a restricted wild animal by a
4-4 person who on December 1, 1993, holds the animal under a permit
4-5 issued under this subchapter or under federal law.
4-6 (b) The exception under Subsection (a) of this section does
4-7 not authorize the acquisition by any means of a restricted wild
4-8 animal other than an animal that the person possesses under a
4-9 permit issued under this subchapter or under federal law on
4-10 December 1, 1993.
4-11 (c) The exception under Subsection (a) of this section does
4-12 not authorize a transfer or sale of a restricted wild animal for
4-13 the purpose of facilitating hunting of or injury to a restricted
4-14 wild animal.
4-15 (d) A transfer, sale, or offer of sale of a restricted wild
4-16 animal is not excepted by Subsection (a) of this section unless the
4-17 act is carried out for the purpose of transferring the legally
4-18 possessed animal to:
4-19 (1) a person outside the state whose possession of the
4-20 restricted wild animal is lawful under the law of the state in
4-21 which the animal will be possessed after transfer or sale; or
4-22 (2) a holder of a permit authorizing possession of the
4-23 restricted wild animal under Subchapter C, Chapter 43, of this
4-24 code.
4-25 (e) The prohibitions of Section 12.603 of this code do not
5-1 apply to an activity authorized by a permit issued under Subchapter
5-2 C, Chapter 43, of this code.
5-3 (f) Section 12.603 of this code does not prohibit a licensed
5-4 veterinarian from treating a restricted wild animal or from killing
5-5 a restricted wild animal if the veterinarian determines that the
5-6 animal's death is in the animal's best interest and uses only means
5-7 intended to minimize the animal's suffering. This subsection does
5-8 not authorize a veterinarian to hunt a restricted wild animal.
5-9 (g) Section 12.603(a) of this code does not prohibit the
5-10 possession or transportation of a restricted wild animal held by:
5-11 (1) an accredited circus, as defined by commission
5-12 rule, under a federal permit or license; or
5-13 (2) a circus, carnival, or zoo licensed under Chapter
5-14 824, Health and Safety Code.
5-15 (h) Section 12.603 of this code does not prohibit the
5-16 acquisition by propagation of an offspring of a lawfully held
5-17 animal if the offspring is conceived before December 1, 1993, and
5-18 the propagation is otherwise lawful. <FEES. The fee for a permit
5-19 issued under Section 12.603 of this code is $100 for each wild
5-20 animal, but may not exceed $500, regardless of the number of wild
5-21 animals.>
5-22 Sec. 12.605. Revocation of Permit AND REMOVAL OF RESTRICTED
5-23 WILD ANIMALS. (a) The department may revoke a permit issued under
5-24 this subchapter <Section 12.603 of this code> if the department
5-25 determines that the person is not in compliance with department
6-1 requirements for possession of the wild animal.
6-2 (b) The department shall remove a restricted <the> wild
6-3 animal from a person whose possession of or conduct regarding the
6-4 animal violates:
6-5 (1) this subchapter or a rule adopted or permit issued
6-6 under this subchapter; or
6-7 (2) Subchapter C, Chapter 43, of this code or a rule
6-8 adopted or permit issued under that subchapter <permit has been
6-9 revoked by the department>.
6-10 (c) The department may remove a carcass, part, or product
6-11 made from a restricted wild animal from a person who violates:
6-12 (1) this subchapter or a rule adopted or permit issued
6-13 under this subchapter; or
6-14 (2) Subchapter C, Chapter 43, of this code or a rule
6-15 adopted or permit issued under that subchapter.
6-16 (d) A person from whom a restricted wild animal is removed
6-17 under this section is liable for costs of removal and of holding
6-18 the animal until disposition.
6-19 Sec. 12.606. DISPOSITION OF CONFISCATED ANIMALS AND GOODS.
6-20 (a) The department shall dispose of a restricted <the> wild animal
6-21 removed from a person under Section 12.605 <Subsection (b)> of this
6-22 code <section> in a manner that the department determines is in the
6-23 animal's best interest, including sale by the department or
6-24 transfer of the <wild> animal under a permit issued under
6-25 Subsection (c) of this section.
7-1 (b) The department may dispose of a carcass, part, or
7-2 product removed under Section 12.605 of this code in a manner the
7-3 department determines is appropriate.
7-4 (c) The department may issue a permit authorizing the
7-5 transportation or possession of a restricted wild animal that has
7-6 been removed under Section 12.605 of this code if the department
7-7 determines that the authorized activity is in the animal's best
7-8 interest.
7-9 (d) The commission by rule shall prescribe:
7-10 (1) application procedures and forms for a permit
7-11 issued under Subsection (c) of this section; and
7-12 (2) requirements for possession and transportation of
7-13 a restricted wild animal under this section.
7-14 Sec. 12.607. COMMISSION RULES REGARDING RESTRICTED WILD
7-15 ANIMALS. (a) The commission by rule shall:
7-16 (1) adopt standards and requirements for the welfare
7-17 of restricted wild animals and for human safety applicable to the
7-18 possession of a restricted wild animal under a permit issued under
7-19 this subchapter; and
7-20 (2) require the registration of a restricted wild
7-21 animal held under Section 12.602(a)(3) of this code and, at the
7-22 discretion of the commission, a reasonable registration fee.
7-23 (b) The commission may adopt other rules to implement this
7-24 subchapter.
7-25 Sec. 12.608 <12.606>. Local Regulation. This subchapter
8-1 does not restrict the authority of a local government to regulate
8-2 the possession of restricted wild animals.
8-3 Sec. 12.609 <12.607>. Penalties <Penalty>. (a) A person
8-4 who violates <a provision of this subchapter or> a rule adopted or
8-5 a permit issued under this subchapter commits an offense that is a
8-6 Class C Parks and Wildlife Code misdemeanor.
8-7 (b) A person who violates Section 12.602 or 12.603 of this
8-8 code commits an offense that is a Class A Parks and Wildlife Code
8-9 misdemeanor.
8-10 (c) A person who violates this subchapter or a rule adopted
8-11 or a permit issued under this subchapter is subject to a civil
8-12 penalty of not less than $500 or more than $10,000 for each act of
8-13 violation.
8-14 (d) The pendency or determination of a civil suit or a
8-15 criminal prosecution under this subchapter for the same violation
8-16 does not bar the other action.
8-17 Sec. 12.610. DEFENSES. (a) It is a defense to a
8-18 prosecution or a suit for civil penalties for injuring or killing a
8-19 restricted wild animal in violation of Section 12.603(c) of this
8-20 code that the act complained of was a reasonable response to a
8-21 reasonably perceived imminent threat of serious bodily injury or
8-22 death to a human or of serious damage to private property. The
8-23 defense of a reasonable response to an imminent threat of serious
8-24 injury to private property is not available to a person who
8-25 substantially contributes to creating the risk.
9-1 (b) It is a defense to a prosecution or a suit for civil
9-2 penalties for injuring or killing a cougar in violation of Section
9-3 12.603(d) of this code that the defendant did not have reasonable
9-4 grounds for believing that the animal had been held in captivity.
9-5 (c) It is a defense to a prosecution or a suit for civil
9-6 penalties for injuring or killing a restricted wild animal in
9-7 violation of Section 12.603(c) or (d) of this code that the act
9-8 complained of was the unintended result of an otherwise lawful
9-9 act.
9-10 Sec. 12.611. CIVIL SUIT. (a) At the department's request,
9-11 the attorney general or the county attorney of the county in which
9-12 the violation occurred may file a civil suit under this subchapter
9-13 to recover:
9-14 (1) civil penalties; and
9-15 (2) the following costs incurred by the department or
9-16 on behalf of the state:
9-17 (A) seizing and holding a restricted wild animal
9-18 under Section 12.605 of this code;
9-19 (B) actual investigations;
9-20 (C) reasonable attorney fees; and
9-21 (D) reasonable expert witness fees.
9-22 (b) A suit under this section may be brought only in the
9-23 county in which the violation occurred, unless the attorney general
9-24 files the suit, in which case the suit may be filed in that county
9-25 or Travis County.
10-1 Sec. 12.612. DISPOSITION OF MONEY. (a) Money recovered
10-2 under Sections 12.611(a)(2)(B) through (D) of this code shall be
10-3 deposited to the credit of the fund from which the recovered
10-4 expenditure was made.
10-5 (b) The department shall deposit other money received under
10-6 this subchapter to the credit of the game, fish, and water safety
10-7 fund.
10-8 SECTION 2. Section 43.022, Parks and Wildlife Code, is
10-9 amended to read as follows:
10-10 Sec. 43.022. Permit Authorized. (a) The department may
10-11 issue a permit to a qualified person to take, possess, transfer,
10-12 transport, or propagate protected wildlife for <propagation
10-13 purposes,> zoological gardens, aquariums, rehabilitation purposes,
10-14 and scientific purposes. A permit may not be issued under this
10-15 subsection for the commercial propagation of endangered wildlife.
10-16 (b) The department may issue a permit authorizing the
10-17 commercial propagation of endangered wildlife if:
10-18 (1) the propagation will further an authorized
10-19 zoological or scientific purpose; and
10-20 (2) the department determines that the propagation
10-21 will benefit the species.
10-22 (c) The department may issue a permit authorizing possession
10-23 of an animal formerly held under a permit issued under Chapter 68
10-24 of this code. The department may issue a permit under this
10-25 subsection even though the applicant does not meet department
11-1 requirements for uses other than possession under this section. A
11-2 permit issued under this subsection is limited to possession only.
11-3 SECTION 3. Section 43.027, Parks and Wildlife Code, is
11-4 amended to read as follows:
11-5 Sec. 43.027. Regulations. The commission <department> may
11-6 make regulations to implement this subchapter, including standards
11-7 governing qualification for permits and the adequacy of facilities
11-8 <governing the taking and possession of protected wildlife
11-9 indigenous to the state for the scientific purposes, zoological
11-10 gardens, rehabilitation purposes, and propagation purposes>.
11-11 SECTION 4. Section 68.001, Parks and Wildlife Code, is
11-12 amended to read as follows:
11-13 Sec. 68.001. Definitions. In this chapter:
11-14 (1) "Fish or wildlife" means any wild mammal, aquatic
11-15 animal, wild bird, amphibian, reptile, mollusk, or crustacean, or
11-16 any part, <product,> egg, or offspring, of any of these, dead or
11-17 alive.
11-18 (2) "Management" means:
11-19 (A) the collection and application of biological
11-20 information for the purpose of increasing the number of individuals
11-21 within species or populations of fish or wildlife up to the optimum
11-22 carrying capacity of their habitat and maintaining these numbers;
11-23 (B) the entire range of activities constituting
11-24 a full scientific research program, including census studies, law
11-25 enforcement, habitat acquisition and improvement, and education;
12-1 and
12-2 (C) when and where appropriate, the protection
12-3 of and regulation of the taking of fish and wildlife species and
12-4 populations.
12-5 SECTION 5. Chapter 68, Parks and Wildlife Code, is amended
12-6 by adding Section 68.0011 to read as follows:
12-7 Sec. 68.0011. SCOPE OF CHAPTER. This chapter applies only
12-8 to species or subspecies of fish or wildlife that are indigenous to
12-9 Texas.
12-10 SECTION 6. Section 68.007, Parks and Wildlife Code, is
12-11 amended to read as follows:
12-12 Sec. 68.007. <PROPAGATION> Permit Required. (a) The
12-13 department may not issue an original or a renewal commercial
12-14 propagation permit under this chapter after November 30, 1993.
12-15 (b) A person may possess but may not propagate endangered
12-16 fish or wildlife under a commercial propagation permit issued under
12-17 this chapter before December 1, 1993, for the described fish or
12-18 wildlife.
12-19 (c) Endangered fish or wildlife held under a commercial
12-20 propagation permit issued under this chapter before December 1,
12-21 1993, may be sold or transferred only to:
12-22 (1) a zoological garden or aquarium that holds a
12-23 permit issued under Subchapter C, Chapter 43, of this code that
12-24 authorizes possession of the endangered fish or wildlife;
12-25 (2) a person who holds a permit issued for scientific
13-1 or educational purposes under Subchapter C, Chapter 43, of this
13-2 code that authorizes possession of the endangered fish or wildlife;
13-3 or
13-4 (3) a person outside the state whose possession of the
13-5 endangered fish or wildlife is lawful under the law of the state in
13-6 which the person will hold the fish or wildlife.
13-7 (d) This subsection and Subsections (b) and (c) of this
13-8 section expire December 1, 1996. <No person may possess endangered
13-9 fish or wildlife for the purpose of propagating them for sale
13-10 unless he has first acquired a commercial propagation permit issued
13-11 by the department under this chapter.>
13-12 SECTION 7. Section 68.010, Parks and Wildlife Code, is
13-13 amended to read as follows:
13-14 Sec. 68.010. Reports by Permittee. (a) A person holding a
13-15 commercial propagation permit shall send to the department
13-16 annually:
13-17 (1) a written evaluation by a veterinarian licensed to
13-18 practice in this state of the physical conditions of the
13-19 propagation facilities and the conditions of the fish or wildlife
13-20 held under the permit; and
13-21 (2) a written report on forms prepared by the
13-22 department relating to propagation activities during the previous
13-23 year.
13-24 (b) This section expires December 1, 1996.
13-25 SECTION 8. Section 68.011, Parks and Wildlife Code, is
14-1 amended by adding Subsection (c) to read as follows:
14-2 (c) This section expires December 1, 1996.
14-3 SECTION 9. Section 68.014, Parks and Wildlife Code, is
14-4 amended to read as follows:
14-5 Sec. 68.014. Regulations. (a) The commission <department>
14-6 shall make regulations necessary to administer the provisions of
14-7 this chapter and to attain its objectives, including regulations to
14-8 govern:
14-9 (1) <permit application forms, fees, and procedures;>
14-10 <(2)> hearing procedures;
14-11 (2) <(3)> procedures for identifying endangered fish
14-12 and wildlife or goods made from endangered fish or wildlife which
14-13 may be possessed<, propagated, or sold> under this chapter; and
14-14 (3) <(4)> publication and distribution of lists of
14-15 species and subspecies of endangered fish or wildlife and their
14-16 products.
14-17 (b) The commission by regulation shall establish facility
14-18 standards for animals held under a commercial propagation permit
14-19 for protecting the animals' welfare and human safety. This
14-20 subsection expires December 1, 1996.
14-21 SECTION 10. Subsections (a) and (b), Section 68.015, Parks
14-22 and Wildlife Code, are amended to read as follows:
14-23 (a) No person may possess, propagate, purchase, take,
14-24 injure, sell, distribute, or offer or advertise for sale endangered
14-25 fish or wildlife <unless the fish or wildlife have been lawfully
15-1 born and raised in captivity for commercial purposes under the
15-2 provisions of this chapter>.
15-3 (b) No person may possess, sell, distribute, or offer or
15-4 advertise for sale <any> goods made from endangered fish or
15-5 wildlife <unless:>
15-6 <(1) the goods were made from fish or wildlife that
15-7 were born and raised in captivity for commercial purposes under the
15-8 provisions of this chapter; or>
15-9 <(2) the goods were made from fish or wildlife
15-10 lawfully taken in another state and the person presents documented
15-11 evidence to the department to substantiate that fact>.
15-12 SECTION 11. Chapter 68, Parks and Wildlife Code, is amended
15-13 by adding Section 68.0151 to read as follows:
15-14 Sec. 68.0151. Defenses. (a) It is a defense to a
15-15 prosecution under Section 68.015(a) of this code, a suit for civil
15-16 penalties for a violation of Section 68.015(a) of this code, or a
15-17 suit for recovery of the value of fish or wildlife taken in
15-18 violation of this chapter that the act complained of:
15-19 (1) occurred before December 1, 1993, and was
15-20 authorized by a commercial propagation permit issued under this
15-21 chapter before December 1, 1993;
15-22 (2) is possession of endangered fish or wildlife and
15-23 the person holds a commercial propagation permit for that fish or
15-24 wildlife issued under this chapter before December 1, 1993; or
15-25 (3) is authorized by a permit issued under Subchapter
16-1 C, Chapter 43, of this code.
16-2 (b) It is a defense to a prosecution or a suit for civil
16-3 penalties for a violation of Section 68.015(b) of this code that
16-4 the goods were made:
16-5 (1) before December 1, 1993, from fish or wildlife
16-6 that were lawfully born or raised in captivity for commercial
16-7 purposes under this chapter; or
16-8 (2) from fish or wildlife that were lawfully taken in
16-9 another state.
16-10 (c) It is a defense to a prosecution under Section 68.015(a)
16-11 of this code, a suit for civil penalties for a violation of Section
16-12 68.015(a) of this code, or a suit for recovery of the value of fish
16-13 or wildlife taken in violation of this chapter against a licensed
16-14 veterinarian for the possession, injury, or taking of endangered
16-15 fish or wildlife that the action complained of resulted solely from
16-16 the reasonable treatment of a sick or injured animal.
16-17 (d) It is a defense to a prosecution or a suit for civil
16-18 penalties for injuring or killing endangered fish or wildlife in
16-19 violation of Section 68.015 of this code that the act complained
16-20 of was a reasonable response to a reasonably perceived imminent
16-21 threat of serious bodily injury or death to a human or of serious
16-22 damage to private property. The defense of a reasonable response
16-23 to an imminent threat of serious injury to private property is not
16-24 available to a person who substantially contributes to creating the
16-25 risk.
17-1 SECTION 12. Section 68.016, Parks and Wildlife Code, is
17-2 amended to read as follows:
17-3 Sec. 68.016. Sold Species To Be Tagged. No person may sell
17-4 endangered fish or wildlife or goods made from endangered fish or
17-5 wildlife unless the fish or wildlife or goods are tagged or labeled
17-6 in a manner to indicate compliance with this subchapter and
17-7 commission regulations <Section 68.015(a) and (b) of this code>.
17-8 SECTION 13. Section 68.017, Parks and Wildlife Code, is
17-9 amended to read as follows:
17-10 Sec. 68.017. Seizure of Fish or Wildlife. (a) A peace
17-11 officer who has arrested a person for a violation of this chapter
17-12 may seize fish or wildlife or goods made from fish or wildlife
17-13 taken, possessed, purchased, sold, or made in violation of this
17-14 chapter.
17-15 (b) Fish, wildlife, or goods seized <Property taken> under
17-16 this section shall be delivered to the department for holding
17-17 pending disposition of the court proceedings. If the court
17-18 determines that the fish, wildlife, or goods were <property was>
17-19 taken, possessed, purchased, sold, or made in violation of the
17-20 provisions of this chapter, the department may dispose of the fish,
17-21 wildlife, or goods <property> under its regulations. The costs of
17-22 the department in holding seized fish, <or> wildlife, or goods
17-23 during the pendency of the proceedings may, in appropriate cases,
17-24 be assessed against the defendant.
17-25 SECTION 14. Section 68.021, Parks and Wildlife Code, is
18-1 amended to read as follows:
18-2 Sec. 68.021. Penalties <Penalty>. (a) A person who
18-3 violates any provision of this chapter commits an offense that is a
18-4 Class A <C> Parks and Wildlife Code misdemeanor.
18-5 (b) <A person who violates any provision of this chapter and
18-6 who has been convicted on one previous occasion of a violation of
18-7 this chapter commits an offense that is a Class B Parks and
18-8 Wildlife Code misdemeanor.>
18-9 <(c) A person who violates any provision of this chapter and
18-10 who has been convicted on two or more previous occasions of a
18-11 violation of this chapter commits an offense that is a Class A
18-12 Parks and Wildlife Code misdemeanor.>
18-13 <(d)> A violation of a regulation or permit of the
18-14 department issued under the authority of this chapter is a
18-15 violation of this chapter.
18-16 (c) In addition to the penalties prescribed by Subsection
18-17 (a) of this section, a person who violates a provision of this
18-18 chapter is subject to a civil penalty of not less than $500 or more
18-19 than $10,000 for each act of violation.
18-20 SECTION 15. Chapter 68, Parks and Wildlife Code, is amended
18-21 by adding Section 68.022 to read as follows:
18-22 Sec. 68.022. Civil Suit. (a) At the department's request,
18-23 the attorney general or the county attorney of the county in which
18-24 the violation of this chapter occurred may bring a civil suit under
18-25 this chapter to recover:
19-1 (1) civil penalties;
19-2 (2) the value of any fish or wildlife taken in
19-3 violation of this chapter;
19-4 (3) costs incurred by the department or on behalf of
19-5 the state for:
19-6 (A) seizing or holding fish, wildlife, or goods
19-7 under Section 68.017 of this code;
19-8 (B) actual investigations;
19-9 (C) reasonable attorney fees; and
19-10 (D) reasonable expert witness fees.
19-11 (b) Money recovered under Subsections (a)(3)(B) through (D)
19-12 of this section shall be deposited to the credit of the fund from
19-13 which the expenditure was made.
19-14 (c) In a suit under Subsection (a) of this section to
19-15 recover the value of fish or wildlife taken in violation of this
19-16 chapter, a value calculated by the department under regulations
19-17 adopted by the commission under Section 12.302 of this code is
19-18 presumed to be correct and valid.
19-19 (d) A suit under this section may be brought only in the
19-20 county in which the violation occurred, unless the attorney general
19-21 files the suit, in which case the suit may be filed in that county
19-22 or in Travis County.
19-23 SECTION 16. Sections 68.006, 68.008, and 68.009, Parks and
19-24 Wildlife Code, are repealed.
19-25 SECTION 17. (a) The change in law made by this Act applies
20-1 only to an offense committed on or after the effective date of this
20-2 Act. For purposes of this section, an offense is committed before
20-3 the effective date of this Act if any element of the offense occurs
20-4 before that date.
20-5 (b) An offense committed before the effective date of this
20-6 Act is covered by the law, including rules adopted under that law,
20-7 in effect when the offense was committed, and the former law is
20-8 continued in effect for this purpose.
20-9 SECTION 18. (a) Subject to Subsection (b) of this section,
20-10 the change in law made by this Act does not invalidate a permit
20-11 issued before December 1, 1993, under Chapter 68, Parks and
20-12 Wildlife Code, authorizing commercial propagation of endangered
20-13 species.
20-14 (b) On and after December 1, 1993, possession and use of
20-15 animals held under permits issued under Chapter 68, Parks and
20-16 Wildlife Code, are governed by the law as amended by this Act.
20-17 (c) This section expires December 1, 1996.
20-18 SECTION 19. This Act takes effect December 1, 1993.
20-19 SECTION 20. The importance of this legislation and the
20-20 crowded condition of the calendars in both houses create an
20-21 emergency and an imperative public necessity that the
20-22 constitutional rule requiring bills to be read on three several
20-23 days in each house be suspended, and this rule is hereby suspended.