By:  Brown                                             S.B. No. 440
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to authorization for the Parks and Wildlife Department to
    1-2  receive fines for failure to appear and to the donation of seized
    1-3  aquatic life and wildlife; providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 12.106, Parks and Wildlife Code, is
    1-6  amended to read as follows:
    1-7        Sec. 12.106.  NOTICE TO APPEAR.  (a)  Any peace officer of
    1-8  this state or a political subdivision of this state or an
    1-9  authorized employee of the department who arrests a person for a
   1-10  violation of any provision of this code or a regulation of the
   1-11  commission adopted under the authority of this code may deliver to
   1-12  the alleged violator a written notice to appear before the justice
   1-13  court, county court, or any other court having jurisdiction of the
   1-14  offense not later than 15 days after the date of the alleged
   1-15  violation.
   1-16        (b)  On signing the written notice to appear and thereby
   1-17  promising to appear as provided in the notice, the alleged violator
   1-18  shall be released.
   1-19        (c)  A person who fails to appear in the court of
   1-20  jurisdiction for a violation of any provision of this code or a
   1-21  regulation of the commission adopted under the authority of this
   1-22  code within the time specified in the written notice commits an
   1-23  offense that is a Class C Parks and Wildlife Code misdemeanor, and
   1-24  a warrant for the arrest of the alleged violator may be issued.
    2-1        SECTION 2.  Section 12.107, Parks and Wildlife Code, is
    2-2  amended to read as follows:
    2-3        Sec. 12.107.  REMISSION OF FINES.  (a)  A justice of the
    2-4  peace, clerk of any court, or any other officer of the state who
    2-5  receives a fine imposed by a court of jurisdiction for a violation
    2-6  of any statute of this code or regulation of the commission adopted
    2-7  under the authority of this code <law relating to the protection
    2-8  and conservation of wild birds, wild fowl, wild animals, fish,
    2-9  oysters, and other wildlife> shall send the fine to the department
   2-10  within 10 days after the date of collection.  A statement
   2-11  containing the docket number of the case, the name of the person
   2-12  fined, and the section of the code or regulation of the commission
   2-13  <law> violated must accompany the remission of the fine.
   2-14        (b)  The amount of the fine to be remitted to the department
   2-15  is 80 percent in county court or higher court cases and 85 percent
   2-16  in justice court cases.
   2-17        SECTION 3.  Section 12.109, Parks and Wildlife Code, is
   2-18  amended to read as follows:
   2-19        Sec. 12.109.  CONFISCATION AND DISPOSITION OF AQUATIC LIFE.
   2-20  (a)  Except as provided by Subsection (e) of this section, when an
   2-21  enforcement officer of the department believes that a person has
   2-22  unlawful possession of any fish, oysters, shrimp, or other aquatic
   2-23  life, he shall seize and sell the aquatic life and dispose of the
   2-24  proceeds as provided in this section.  If the person is in
   2-25  possession of a greater quantity of aquatic life than is authorized
   2-26  by law, all such aquatic life shall be deemed to have been taken in
   2-27  contravention of the law and shall be seized by the arresting
    3-1  officer.  The officer shall give to the person a receipt for all
    3-2  aquatic life seized upon the sale of the aquatic life.
    3-3        (b)  The confiscated aquatic life shall be sold to the
    3-4  highest of three bidders.  The proceeds of the sale shall be
    3-5  deposited in the state treasury to the credit of suspense fund No.
    3-6  900 pending the outcome of the action taken against the person
    3-7  charged with illegal possession.  If no bids can be obtained, the
    3-8  department shall donate the aquatic life, whenever reasonably
    3-9  practical, to a charitable institution, hospital, or person or
   3-10  persons.
   3-11        (c)  Unless the person is found guilty, pleads guilty, pleads
   3-12  nolo contendere, or is placed on deferred adjudication, all the
   3-13  proceeds shall be paid to the owner of the aquatic life.
   3-14        (d)  This section does not apply to fish, shrimp, or other
   3-15  aquatic life that are taken from an area declared by the
   3-16  Commissioner of Health to be a prohibited area.
   3-17        (e)  If an enforcement officer of the department determines
   3-18  that a person is in possession of oysters that were taken
   3-19  unlawfully, the officer may direct, if practical, that the oysters
   3-20  be returned to a public reef.
   3-21        (f)  The department and an enforcement officer of the
   3-22  department who acts under this section are not liable in any civil
   3-23  action for the seizure, <or> sale, or donation of aquatic life or
   3-24  for the order to return oysters to a public reef.
   3-25        SECTION 4.  Section 12.110, Parks and Wildlife Code, is
   3-26  amended to read as follows:
   3-27        Sec. 12.110.  DISPOSITION OF CONFISCATED GAME.  (a)  The
    4-1  department shall donate, whenever same is reasonably practicable,
    4-2  any wild game animal, bird, fowl, or game fish which is unlawfully
    4-3  killed, taken, shipped, held in storage, or found in a public
    4-4  eating place to a charitable institution, hospital, or person or
    4-5  persons.
    4-6        (b)  The expense of any cold storage that may be necessary
    4-7  for an unlawfully possessed game bird, fowl, animal, or game fish
    4-8  shall be assessed against the violator on his conviction.
    4-9        (c)  The department and an enforcement officer of the
   4-10  department who acts under this section are not liable in any civil
   4-11  action for the seizure or donation of game birds, fowl, animals, or
   4-12  game fish.
   4-13        SECTION 5.  Section 77.027, Parks and Wildlife Code, is
   4-14  amended to read as follows:
   4-15        Sec. 77.027.  CONFISCATION AND DISPOSAL OF SHRIMP.  When an
   4-16  enforcement officer of the department believes that a person has
   4-17  unlawful possession of any shrimp taken in violation of this
   4-18  chapter, all shrimp aboard any vessel involved or in the trawl,
   4-19  whether in storage, on deck, and whether alive or dead, whole or
   4-20  headed, frozen or fresh, shall be deemed to have been taken in
   4-21  violation of the chapter and shall be confiscated by the arresting
   4-22  officer.  The cargo of shrimp shall be sold to the highest of three
   4-23  bidders by the officer.  The proceeds of the sale shall be
   4-24  deposited in the state treasury to the credit of suspense fund
   4-25  number 900, pending the outcome of the action taken against the
   4-26  person charged with the illegal possession.  If no bids can be
   4-27  obtained, the officer shall donate the shrimp, whenever reasonably
    5-1  practical, to a charitable institution, hospital, or person or
    5-2  persons.  Unless the person is found guilty, pleads guilty, pleads
    5-3  nolo contendere, or is placed on deferred adjudication, all the
    5-4  proceeds shall be paid to the defendant.
    5-5        SECTION 6.  This Act takes effect September 1, 1993.
    5-6        SECTION 7.  The importance of this legislation and the
    5-7  crowded condition of the calendars in both houses create an
    5-8  emergency and an imperative public necessity that the
    5-9  constitutional rule requiring bills to be read on three several
   5-10  days in each house be suspended, and this rule is hereby suspended,
   5-11  and that this Act take effect and be in force from and after its
   5-12  passage, and it is so enacted.