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.