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.