1-1 By: Moncrief S.B. No. 23
1-2 (In the Senate - Filed November 9, 1992; January 13, 1993,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 24, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 10, Nays 0; March 24, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 23 By: Armbrister
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the protection of certain animals; providing civil and
1-24 criminal penalties.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Subchapter G, Chapter 12, Parks and Wildlife
1-27 Code, is amended to read as follows:
1-28 SUBCHAPTER G. REGULATION OF POSSESSION AND DISPOSITION
1-29 OF RESTRICTED WILD ANIMALS
1-30 Sec. 12.601. DEFINITIONS AND SCOPE <DEFINITION>. (a) In
1-31 this subchapter, "restricted wild animals" means live:
1-32 (1) lions;
1-33 (2) tigers;
1-34 (3) <ocelots;>
1-35 <(4)> cougars;
1-36 (4) <(5)> leopards;
1-37 (5) <(6)> cheetahs;
1-38 (6) <(7) jaguars;>
1-39 <(8)> hyenas;
1-40 (7) <(9)> bears; and
1-41 (8) <(10) lesser pandas;>
1-42 <(11) binturongs;>
1-43 <(12)> wolves<;>
1-44 <(13) apes;>
1-45 <(14) elephants; and>
1-46 <(15) rhinoceroses>.
1-47 (b) Hybrids of animals, other than wolves, listed in
1-48 Subsection (a) of this section also are included in the definition
1-49 of "restricted wild animals."
1-50 (c) Species or subspecies listed as threatened pursuant to
1-51 Chapter 67 of this code or as endangered pursuant to Chapter 68 of
1-52 this code are not subject to regulation under this subchapter.
1-53 Sec. 12.602. POSSESSION OF RESTRICTED WILD ANIMALS <PERMIT
1-54 REQUIRED>. (a) No person may possess a restricted wild animal
1-55 <for breeding, exhibition, or personal use> unless the person:
1-56 (1) holds the animal:
1-57 (A) under a restricted wild animal permit issued
1-58 by the department pursuant to this subchapter, a permit issued
1-59 pursuant to federal law, or a permit issued under Chapter 824,
1-60 Health and Safety Code; and
1-61 (B) after September 1, 1994, only for purposes
1-62 other than breeding;
1-63 (2) holds the animal pursuant to a permit issued by
1-64 the department under Subchapter C of Chapter 43 of this code; or
1-65 (3) holds the animal pursuant to a restricted wild
1-66 animal breeder's permit issued by the department under this
1-67 subchapter.
1-68 (b) A person holding an animal under the authority of
2-1 Subsection (a) of this section pursuant to a permit not issued by
2-2 the department may be required by commission regulation to register
2-3 the animal with the department, to update that registration
2-4 periodically, and to pay a registration fee.
2-5 (c) After September 1, 1994, there shall be a rebuttable
2-6 presumption that a person holding a restricted wild animal is
2-7 holding the animal for breeding purposes if:
2-8 (1) the animal is pregnant or gives birth to
2-9 offspring, unless the person proves that the animal was pregnant
2-10 prior to the time the person took possession or prior to the
2-11 effective date of this subsection, whichever is later; or
2-12 (2) the person has at least one member of each sex of
2-13 the same species that has not been altered by sterilization <has a
2-14 permit issued by the department>.
2-15 <(b) The commission by rule shall prescribe requirements
2-16 under which a person may safely possess a wild animal for breeding,
2-17 exhibition, or personal use.>
2-18 <(c) This section does not apply to a person licensed under
2-19 other state or federal law to breed or exhibit a wild animal.>
2-20 Sec. 12.603. APPLICATION FOR AND ISSUANCE OF PERMIT. (a) A
2-21 person shall apply to the department on a form prescribed by the
2-22 department for a permit required by Section 12.602 of this code.
2-23 (b) The department shall issue the applicant a new or
2-24 renewed possession permit if the department determines that the
2-25 applicant meets the applicable <department's> requirements set out
2-26 in this subchapter and in the commission's regulations <for
2-27 possession of a wild animal for breeding, exhibition, or personal
2-28 use>.
2-29 (c) The department shall issue the applicant a new or
2-30 renewed breeder's permit if the department determines that the
2-31 applicant meets the applicable requirements set out in this
2-32 subchapter and in the commission's regulations.
2-33 (d) Permits issued pursuant to this subchapter on or after
2-34 September 1, 1993, shall be valid for a term of two years from the
2-35 date of issuance.
2-36 (e) Permits issued pursuant to this subchapter prior to
2-37 September 1, 1993, shall be considered to be valid permits under
2-38 Subsection (b) of this section and shall be valid for a term that
2-39 is the shorter of:
2-40 (1) two years from the date of any amendment to add an
2-41 additional animal to the definition of restricted wild animal under
2-42 Section 12.601(a) of this code if the amendment is requested after
2-43 September 1, 1993; or
2-44 (2) 10 years from the effective date of that
2-45 subsection.
2-46 Sec. 12.604. <FEES. The fee for a permit issued under
2-47 Section 12.603 of this code is $100 for each wild animal, but may
2-48 not exceed $500, regardless of the number of wild animals.>
2-49 <Sec. 12.605.> REVOCATION OF PERMIT AND REMOVAL OF
2-50 RESTRICTED WILD ANIMALS. (a) The department may revoke a permit
2-51 issued under Section 12.603 of this code if the department
2-52 determines that the person is not in compliance with or has
2-53 violated a requirement of this subchapter, rules adopted pursuant
2-54 to this subchapter, or a provision of the permit <department
2-55 requirements for possession of the wild animal>.
2-56 (b) A peace officer may <The department shall> remove a
2-57 restricted <the> wild animal from a person if the peace officer has
2-58 probable cause to believe that the person's possession of or
2-59 conduct regarding the animal violates:
2-60 (1) this subchapter or a rule adopted or permit issued
2-61 under this subchapter; or
2-62 (2) Subchapter C of Chapter 43 of this code or a rule
2-63 adopted or permit issued under that subchapter <whose permit has
2-64 been revoked by the department>.
2-65 (c) A peace officer may remove a carcass, part, or product
2-66 made from a restricted wild animal from a person if the peace
2-67 officer has probable cause to believe that the person's conduct or
2-68 activity violates:
2-69 (1) this subchapter or a rule adopted or permit issued
2-70 under this subchapter; or
3-1 (2) Subchapter C of Chapter 43 of this code or a rule
3-2 adopted or permit issued under that subchapter.
3-3 (d) A person from whom a restricted wild animal is removed
3-4 under this section is liable for reasonable costs of removal and of
3-5 holding the animal until disposition.
3-6 Sec. 12.605. DISPOSITION OF CONFISCATED ANIMALS AND GOODS.
3-7 (a) The department shall dispose of a restricted <the> wild animal
3-8 removed from a person under Section 12.604 of this code <Subsection
3-9 (b) of this section> in a manner the department determines is in
3-10 the best interest of the <wild> animal including sale by the
3-11 department or euthanasia.
3-12 (b) The department may dispose of a carcass, part, or
3-13 product made from a restricted wild animal removed from a person
3-14 under Section 12.604 of this code in the manner the department
3-15 determines to be appropriate.
3-16 Sec. 12.606. LOCAL REGULATION. This subchapter does not
3-17 restrict the authority of a local government to further regulate
3-18 the possession of restricted wild animals.
3-19 Sec. 12.607. PROHIBITED ACTS. (a) Except as provided in
3-20 Section 12.608(e), after September 1, 1995, no person holding a
3-21 restricted wild animal pursuant to a breeder's permit issued under
3-22 this subchapter may sell the restricted wild animal.
3-23 (b) No person may transport, propagate, possess, purchase,
3-24 sell, offer to sell, or transfer possession of a restricted wild
3-25 animal, an elephant, or a rhinoceros to facilitate hunting of that
3-26 animal.
3-27 (c) No person may hunt, injure, or kill an elephant,
3-28 rhinoceros, or a restricted wild animal other than a cougar.
3-29 (d) No person may hunt, injure, or kill a cougar that is or
3-30 has previously been held in captivity.
3-31 (e) After September 1, 1995, no person may purchase a
3-32 restricted wild animal unless at the time of purchase the animal
3-33 has been permanently marked in accordance with commission
3-34 regulations and the person possesses:
3-35 (1) a permit authorizing possession of the animal
3-36 issued by the department under this subchapter and a sworn
3-37 veterinarian's certificate stating the animal has been altered by
3-38 sterilization;
3-39 (2) a breeder's permit authorizing possession of the
3-40 animal issued by the department under this subchapter; or
3-41 (3) a scientific or zoological permit issued pursuant
3-42 to Subchapter C of Chapter 43 of this code authorizing possession
3-43 of the animal.
3-44 Sec. 12.608. DEFENSES. (a) It is a defense to prosecution
3-45 or a suit for civil penalties for a violation of Section 12.607(c)
3-46 or (d) of this code that the act complained of was a reasonable
3-47 response to a reasonably perceived imminent threat of serious
3-48 bodily injury or death to a human being or of serious damage to
3-49 private property. The defense of a reasonable response to an
3-50 imminent threat of serious damage to private property is not
3-51 available to a person who substantially contributes to creating the
3-52 risk.
3-53 (b) It is an affirmative defense to prosecution or a suit
3-54 for civil penalties for a violation of Section 12.607(d) of this
3-55 code that the defendant did not know or have reason to know that
3-56 the cougar had been held in captivity.
3-57 (c) It is an affirmative defense to prosecution or a suit
3-58 for civil penalties for injuring or killing a restricted wild
3-59 animal, elephant, or rhinoceros in violation of Section 12.607(c)
3-60 or (d) of this code that the death or injury complained of was the
3-61 unintended result of an otherwise lawful act.
3-62 (d) It is a defense to prosecution or a suit for civil
3-63 penalties for injuring or killing a restricted wild animal,
3-64 elephant, or rhinoceros in violation of Section 12.607(c) or (d) of
3-65 this code that the death or injury complained of resulted solely
3-66 from treatment or euthanasia of the animal by a licensed
3-67 veterinarian.
3-68 (e) It is a defense to prosecution or a suit for civil
3-69 penalties for a violation of Section 12.607(a) of this code that
3-70 the restricted wild animal was permanently marked in accordance
4-1 with commission regulations and that, at the time of the
4-2 transaction, the purchaser:
4-3 (1) had a breeder's permit issued under this
4-4 subchapter or a scientific or zoological permit issued pursuant to
4-5 Subchapter C of Chapter 43 of this code authorizing possession of
4-6 the restricted wild animal;
4-7 (2) resided outside of this state and the purchaser's
4-8 possession of the restricted wild animal was legal in the state of
4-9 residence of the purchaser; or
4-10 (3) had a permit, other than a breeder's permit,
4-11 issued by the department pursuant to this subchapter and the
4-12 restricted wild animal had been altered by sterilization.
4-13 Sec. 12.609. REGULATIONS. (a) The commission shall adopt
4-14 regulations governing qualifications for permits and the adequacy
4-15 of facilities permitted under this subchapter. Facility standards
4-16 shall address both the welfare of the restricted wild animals and
4-17 human safety.
4-18 (b) The commission may adopt other regulations to implement
4-19 the provisions of this subchapter including regulations requiring
4-20 the registration of restricted wild animals held under permits not
4-21 issued by the department and establishing registration fees,
4-22 regulations establishing application fees and permit fees, and
4-23 regulations establishing standards for permanently marking
4-24 restricted wild animals.
4-25 Sec. 12.610. PENALTIES <12.607. PENALTY>. (a) A person
4-26 who violates Section 12.602 or Section 12.607(a) or (e) of this
4-27 code, <a provision of this subchapter or> a rule adopted under this
4-28 subchapter, or a permit issued under this subchapter commits an
4-29 offense that is a Class B <C> Parks and Wildlife Code misdemeanor.
4-30 (b) A person who violates Section 12.607(b), (c), or (d) of
4-31 this code commits an offense that is a Class A Parks and Wildlife
4-32 Code misdemeanor.
4-33 (c) A person who violates this subchapter or a rule adopted
4-34 or a permit issued under this subchapter is subject to a civil
4-35 penalty of not less than $500 or more than $10,000 for each act of
4-36 violation.
4-37 (d) The pendency or determination of a civil suit or a
4-38 criminal prosecution under this subchapter for the same violation
4-39 does not bar the other action.
4-40 Sec. 12.611. CIVIL SUIT. (a) At the department's request,
4-41 the attorney general or the county attorney of the county in which
4-42 the violation occurred may file a civil suit under this subchapter
4-43 to recover:
4-44 (1) civil penalties; and
4-45 (2) the following costs incurred by the department or
4-46 on behalf of the state:
4-47 (A) costs of seizing and holding a restricted
4-48 wild animal under Section 12.604 of this code;
4-49 (B) actual investigations;
4-50 (C) reasonable attorney fees; and
4-51 (D) reasonable expert witness fees.
4-52 (b) A suit under this section may be brought only in the
4-53 county in which the violation occurred unless the attorney general
4-54 files the suit, in which case the suit may be filed in that county
4-55 or Travis County.
4-56 Sec. 12.612. DISPOSITION OF MONEY. (a) Money recovered
4-57 under Section 12.611(a)(2) of this code shall be deposited to the
4-58 credit of the fund from which the recovered expenditure was made.
4-59 (b) The department shall deposit other money received under
4-60 this subchapter to the credit of the game, fish, and water safety
4-61 fund.
4-62 SECTION 2. Section 43.027, Parks and Wildlife Code, is
4-63 amended to read as follows:
4-64 Sec. 43.027. REGULATIONS. The commission <department> may
4-65 make regulations to implement this subchapter, including
4-66 regulations establishing standards governing the taking and
4-67 possession of protected wildlife, qualifications for permits, and
4-68 the adequacy of facilities <indigenous to the state for the
4-69 scientific purposes, zoological gardens, rehabilitation purposes,
4-70 and propagation purposes>.
5-1 SECTION 3. Chapter 68, Parks and Wildlife Code, is amended
5-2 by adding Section 68.0011 to read as follows:
5-3 Sec. 68.0011. SCOPE OF CHAPTER. This chapter applies only
5-4 to species or subspecies of fish or wildlife that are indigenous to
5-5 Texas.
5-6 SECTION 4. Section 68.007, Parks and Wildlife Code, is
5-7 amended to read as follows:
5-8 Sec. 68.007. PROPAGATION PERMIT REQUIRED. (a) No person
5-9 may possess endangered fish or wildlife for the purpose of
5-10 propagating them for sale unless he has first acquired a commercial
5-11 propagation permit issued by the department under this chapter.
5-12 (b) Endangered fish or wildlife held under a propagation
5-13 permit may not be sold, offered for sale, purchased, transported,
5-14 or otherwise transferred for purposes of facilitating hunting of
5-15 those animals.
5-16 (c) Endangered fish or wildlife held under a propagation
5-17 permit may be sold only to a person who at the time of the
5-18 transaction:
5-19 (1) possessed a propagation permit issued under this
5-20 chapter authorizing possession of the endangered fish or wildlife;
5-21 (2) possessed a scientific or zoological permit issued
5-22 pursuant to Subchapter C of Chapter 43 of this code authorizing
5-23 possession of the animal; or
5-24 (3) resided outside of this state and whose possession
5-25 of the restricted wild animal was legal in his state of residence.
5-26 SECTION 5. Section 68.008, Parks and Wildlife Code, is
5-27 amended to read as follows:
5-28 Sec. 68.008. Original Propagation Permit. (a) A person may
5-29 apply for an original propagation permit by submitting an
5-30 application containing information or statements as required by the
5-31 department and by submitting an original propagation permit fee of
5-32 $300 or an amount set by the commission, whichever amount is more.
5-33 (b) The department shall issue the permit if it determines
5-34 that the applicant has complied with Subsection (a) of this
5-35 section, that the initial breeding stock was <acquired under a
5-36 permit issued under Section 43.022 of this code or was otherwise>
5-37 legally acquired, that the requirements of the commission's
5-38 regulations have been met, and that the applicant has not violated
5-39 the laws of the United States, this state, or another state with
5-40 respect to the acquisition of breeding stock.
5-41 (c) An original propagation permit must contain a
5-42 description of endangered fish and wildlife authorized to be
5-43 possessed under the permit.
5-44 (d) An original propagation permit is valid for one year
5-45 from the date of its issuance.
5-46 SECTION 6. Section 68.009, Parks and Wildlife Code, is
5-47 amended to read as follows:
5-48 Sec. 68.009. Renewal Propagation Permit. (a) Except as
5-49 provided in Subsection (c) of this section, a <A> person holding an
5-50 original propagation permit or a renewal propagation permit is
5-51 entitled to receive from the department a renewal propagation
5-52 permit on application to the department and on the payment of a
5-53 renewal propagation permit fee of $550 or an amount set by the
5-54 commission, whichever amount is more, if the application and fee
5-55 are received by the department during the period beginning 30 <10>
5-56 days before the expiration date of the outstanding permit and
5-57 extending through the expiration date of the then current permit.
5-58 (b) A renewal propagation permit is valid for a period of
5-59 three years beginning on the date of its issuance.
5-60 (c) The department may refuse to renew any permit if it
5-61 determines that it would be in the best interest of the species of
5-62 fish or wildlife described in the permit, that the applicant has
5-63 not demonstrated compliance with the requirements of the
5-64 commission's regulations or that during the previous permit term
5-65 the applicant violated any requirement of this chapter, any
5-66 regulation adopted pursuant to this chapter, or any provision of a
5-67 permit issued pursuant to this chapter.
5-68 SECTION 7. Section 68.014, Parks and Wildlife Code, is
5-69 amended to read as follows:
5-70 Sec. 68.014. Regulations. The commission <department> shall
6-1 make regulations necessary to administer the provisions of this
6-2 chapter and to attain its objectives, including regulations to
6-3 govern:
6-4 (1) permit application forms, fees, and procedures;
6-5 (2) hearing procedures;
6-6 (3) procedures for identifying endangered fish and
6-7 wildlife or goods made from endangered fish or wildlife which may
6-8 be possessed, propagated, or sold under this chapter; <and>
6-9 (4) publication and distribution of lists of species
6-10 and subspecies of endangered fish or wildlife and their products;
6-11 and
6-12 (5) qualifications for propagation permits and
6-13 facility standards for permitted facilities addressing both the
6-14 welfare of the animal and human safety.
6-15 SECTION 8. Section 68.015, Parks and Wildlife Code, is
6-16 amended to read as follows:
6-17 Sec. 68.015. Prohibited Acts. (a) No person may possess,
6-18 propagate, purchase, hunt, injure, kill, sell, distribute, or offer
6-19 or advertise for sale endangered fish or wildlife <unless the fish
6-20 or wildlife have been lawfully born and raised in captivity for
6-21 commercial purposes under the provisions of this chapter>.
6-22 (b) No person may possess, sell, distribute, or offer or
6-23 advertise for sale <any> goods made in whole or in part from
6-24 endangered fish or wildlife <unless:>
6-25 <(1) the goods were made from fish or wildlife that
6-26 were born and raised in captivity for commercial purposes under the
6-27 provisions of this chapter; or>
6-28 <(2) the goods were made from fish or wildlife
6-29 lawfully taken in another state and the person presents documented
6-30 evidence to the department to substantiate that fact>.
6-31 (c) No person may sell, advertise, or offer for sale any
6-32 species of fish or wildlife not classified as endangered under the
6-33 name of any endangered fish or wildlife.
6-34 SECTION 9. Chapter 68, Parks and Wildlife Code, is amended
6-35 by adding Section 68.0151 to read as follows:
6-36 Sec. 68.0151. DEFENSES. (a) It is a defense to
6-37 prosecution, a suit for civil penalties, or a suit for recovery of
6-38 the value of fish or wildlife under this chapter that the activity
6-39 was authorized by a propagation permit issued pursuant to this
6-40 chapter or a permit issued pursuant to Subchapter C of Chapter 43
6-41 of this code.
6-42 (b) It is an affirmative defense to prosecution or suit for
6-43 civil penalties for a violation of Section 68.015(b) of this code
6-44 that:
6-45 (1) the goods were made from fish or wildlife that
6-46 were lawfully born and raised in captivity for commercial purposes
6-47 under the provisions of this chapter; or
6-48 (2) the goods were made from fish or wildlife lawfully
6-49 taken in another state.
6-50 (c) It is a defense to prosecution, a suit for civil
6-51 penalties, or a suit for recovery of value of fish or wildlife that
6-52 the activities complained of consisted solely of reasonable medical
6-53 treatment, including euthanasia, by a licensed doctor of veterinary
6-54 medicine.
6-55 (d) It is a defense to prosecution, a suit for civil
6-56 penalties, or a suit for recovery of value of fish or wildlife for
6-57 injuring or killing endangered fish or wildlife in violation of
6-58 Section 68.015(a) of this code that the act complained of was a
6-59 reasonable response to a reasonably perceived imminent threat of
6-60 serious bodily injury or death to a human.
6-61 (e) It is an affirmative defense to prosecution, a suit for
6-62 civil penalties, or a suit for recovery of value of fish or
6-63 wildlife for injuring or killing endangered fish or wildlife in
6-64 violation of Section 68.015(a) of this code that the death or
6-65 injury complained of was the unintended result of an otherwise
6-66 lawful act.
6-67 SECTION 10. Section 68.016, Parks and Wildlife Code, is
6-68 amended to read as follows:
6-69 Sec. 68.016. SOLD SPECIES TO BE TAGGED. No person may sell
6-70 endangered fish or wildlife or goods made from endangered fish or
7-1 wildlife unless the fish or wildlife or goods are tagged or labeled
7-2 in a manner to indicate compliance with this chapter and commission
7-3 regulations <Section 68.015(a) and (b) of this code>.
7-4 SECTION 11. Section 68.017, Parks and Wildlife Code, is
7-5 amended to read as follows:
7-6 Sec. 68.017. SEIZURE OF FISH OR WILDLIFE. (a) A peace
7-7 officer <who has arrested a person for a violation of this chapter>
7-8 may seize fish or wildlife or goods made in whole or in part from
7-9 fish or wildlife if he has probable cause to believe the fish or
7-10 wildlife or goods are possessed or were purchased, sold, offered
7-11 for sale, taken, <possessed,> or made in violation of this chapter.
7-12 (b) Fish or wildlife or goods seized <Property taken> under
7-13 this section shall be delivered to the department for holding
7-14 pending disposition of the court proceedings. If the court
7-15 determines that the fish or wildlife or goods were <property was>
7-16 taken, possessed, purchased, sold, offered for sale, or made in
7-17 violation of the provisions of this chapter, the department may
7-18 dispose of the fish or wildlife or goods <property> under its
7-19 regulations. The costs of the department in holding seized fish or
7-20 wildlife or goods during the pendency of the proceedings may, in
7-21 appropriate cases, be assessed against the defendant.
7-22 SECTION 12. Section 68.021, Parks and Wildlife Code, is
7-23 amended to read as follows:
7-24 Sec. 68.021. PENALTIES <PENALTY>. (a) A person who
7-25 violates any provision of this chapter commits an offense that is a
7-26 Class A <C> Parks and Wildlife Code misdemeanor.
7-27 (b) <A person who violates any provision of this chapter and
7-28 who has been convicted on one previous occasion of a violation of
7-29 this chapter commits an offense that is a Class B Parks and
7-30 Wildlife Code misdemeanor.>
7-31 <(c) A person who violates any provision of this chapter and
7-32 who has been convicted on two or more previous occasions of a
7-33 violation of this chapter commits an offense that is a Class A
7-34 Parks and Wildlife Code misdemeanor.>
7-35 <(d)> A violation of a regulation or permit of the
7-36 department issued under the authority of this chapter is a
7-37 violation of this chapter.
7-38 (c) In addition to the penalty prescribed by Subsection (a)
7-39 of this section, a person who violates a provision of this chapter
7-40 is subject to a civil penalty of not less than $500 nor more than
7-41 $10,000 for each act of violation.
7-42 SECTION 13. Chapter 68, Parks and Wildlife Code, is amended
7-43 by adding Section 68.022 to read as follows:
7-44 Sec. 68.022. CIVIL SUIT. (a) At the department's request,
7-45 the attorney general or the county attorney of the county in which
7-46 a violation of this chapter occurred may bring a civil suit under
7-47 this chapter to recover:
7-48 (1) civil penalties;
7-49 (2) the value of any fish or wildlife taken in
7-50 violation of this chapter; and
7-51 (3) costs incurred by the department or on behalf of
7-52 the state for:
7-53 (A) seizing or holding fish or wildlife or goods
7-54 under Section 68.017 of this code;
7-55 (B) actual investigations;
7-56 (C) reasonable attorney fees; and
7-57 (D) reasonable expert witness fees.
7-58 (b) Money recovered under Subsection (a)(3) of this section
7-59 shall be deposited to the credit of the fund from which the
7-60 expenditure was made.
7-61 (c) In a suit under Subsection (a) of this section to
7-62 recover the value of fish or wildlife taken in violation of this
7-63 chapter, a value calculated by the department under regulations
7-64 adopted by the commission under Section 12.302 of this code is
7-65 presumed to be correct and valid.
7-66 (d) A suit under this section may be brought only in the
7-67 county in which the violation occurred unless the attorney general
7-68 files the suit, in which case the suit may be filed in that county
7-69 or in Travis County.
7-70 SECTION 14. (a) The change in law made by this Act applies
8-1 only to an offense committed on or after the effective date of this
8-2 Act. For purposes of this section, an offense is committed before
8-3 the effective date of this Act if any element of the offense occurs
8-4 before that date.
8-5 (b) An offense committed before the effective date of this
8-6 Act is covered by the law including rules adopted under that law in
8-7 effect when the offense was committed, and the former law is
8-8 continued in effect for this purpose.
8-9 SECTION 15. This Act takes effect September 1, 1993.
8-10 SECTION 16. The importance of this legislation and the
8-11 crowded condition of the calendars in both houses create an
8-12 emergency and an imperative public necessity that the
8-13 constitutional rule requiring bills to be read on three several
8-14 days in each house be suspended, and this rule is hereby suspended.
8-15 * * * * *
8-16 Austin,
8-17 Texas
8-18 March 24, 1993
8-19 Hon. Bob Bullock
8-20 President of the Senate
8-21 Sir:
8-22 We, your Committee on Natural Resources to which was referred S.B.
8-23 No. 23, have had the same under consideration, and I am instructed
8-24 to report it back to the Senate with the recommendation that it do
8-25 not pass, but that the Committee Substitute adopted in lieu thereof
8-26 do pass and be printed.
8-27 Sims,
8-28 Chairman
8-29 * * * * *
8-30 WITNESSES
8-31 FOR AGAINST ON
8-32 ___________________________________________________________________
8-33 Name: Sandra G. Skrei x
8-34 Representing: National Audubon Society
8-35 City: Austin
8-36 -------------------------------------------------------------------
8-37 Name: Scott Royder x
8-38 Representing: Sierra Club
8-39 City: Austin
8-40 -------------------------------------------------------------------
8-41 Name: PC Hanes x
8-42 Representing: Central Tx Wildlife Inst. Inc
8-43 City: Hamilton
8-44 -------------------------------------------------------------------
8-45 Name: Myron Joseph Hess x
8-46 Representing: Tx Parks & Wildlife Dept.
8-47 City: Austin
8-48 -------------------------------------------------------------------