S.B. No. 440
AN ACT
1-1 relating to the Parks and Wildlife Department's enforcement powers,
1-2 the seizure and disposal of certain aquatic life and wildlife, and
1-3 the disposition of fines.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (a) and (c), Section 12.106, Parks
1-6 and Wildlife Code, are amended to read as follows:
1-7 (a) Any peace officer of this state or a political
1-8 subdivision of this state or an authorized employee of the
1-9 department who arrests a person for a violation of this code or a
1-10 regulation of the commission adopted under this code may deliver to
1-11 the alleged violator a written notice to appear before the justice
1-12 court, county court, or another court having jurisdiction of the
1-13 offense not later than 15 days after the date of the alleged
1-14 violation.
1-15 (c) A person who fails to appear for a violation of this
1-16 code or a regulation of the commission adopted under this code
1-17 within the time specified in the written notice commits an offense
1-18 that is a Class C Parks and Wildlife Code misdemeanor, and a
1-19 warrant for the arrest of the alleged violator may be issued.
1-20 SECTION 2. Section 12.107, Parks and Wildlife Code, is
1-21 amended to read as follows:
1-22 Sec. 12.107. Remission of Fines. (a) A justice of the
1-23 peace, clerk of any court, or any other officer of the state who
1-24 receives a fine imposed by a court for a violation of this code or
2-1 a regulation of the commission adopted under this code <any law
2-2 relating to the protection and conservation of wild birds, wild
2-3 fowl, wild animals, fish, oysters, and other wildlife> shall send
2-4 the fine to the department within 10 days after the date of
2-5 collection. A statement containing the docket number of the case,
2-6 the name of the person fined, and the section of this code or the
2-7 regulation <the law> violated must accompany the remission of the
2-8 fine.
2-9 (b) The amount of the fine to be remitted to the department
2-10 is 80 percent in county court or higher court cases and 85 percent
2-11 in justice court cases.
2-12 SECTION 3. Subsections (b), (c), and (f), Section 12.109,
2-13 Parks and Wildlife Code, are amended to read as follows:
2-14 (b) The confiscated aquatic life shall be sold to the
2-15 highest of three bidders. The proceeds of the sale shall be
2-16 deposited in the state treasury to the credit of suspense fund No.
2-17 900 pending the outcome of the action taken against the person
2-18 charged with illegal possession. If bids cannot be obtained, the
2-19 department, if practicable, shall donate the aquatic life to a
2-20 charitable institution, hospital, or other person.
2-21 (c) Unless the person is found guilty, pleads guilty or nolo
2-22 contendere, or is placed on deferred adjudication, all the proceeds
2-23 shall be paid to the owner of the aquatic life.
2-24 (f) The department and an enforcement officer of the
2-25 department who acts under this section are not liable in any civil
2-26 action for the seizure, <or> sale, or donation of aquatic life or
2-27 for the order to return oysters to a public reef.
3-1 SECTION 4. Section 12.110, Parks and Wildlife Code, is
3-2 amended by adding Subsection (c) to read as follows:
3-3 (c) The department and an enforcement officer of the
3-4 department who acts under this section are not liable in any civil
3-5 action for the seizure, sale, or donation of a game bird, other
3-6 fowl, animal, or game fish.
3-7 SECTION 5. Section 65.002, Parks and Wildlife Code, is
3-8 amended to read as follows:
3-9 Sec. 65.002. Application. Except for regulation of those
3-10 populations listed on the United States List of Endangered Wildlife
3-11 (50 C.F.R. Part 17), special permits issued under Chapter 43 of
3-12 this code, revocation or suspension of licenses or permits under
3-13 Subchapter F, Chapter 12, of this code, or contracts for the
3-14 removal of reptiles entered into under Section 81.404<, as
3-15 amended,> of this code, this chapter governs the taking,
3-16 possession, and sale of alligators to the exclusion of other
3-17 regulatory and licensing laws.
3-18 SECTION 6. Section 65.009, Parks and Wildlife Code, is
3-19 amended to read as follows:
3-20 Sec. 65.009. Seizure and Disposal of Alligators. (a) A
3-21 game warden or any other peace officer may seize an alligator,
3-22 alligator hide, alligator egg, or any part of an alligator if he
3-23 has probable cause to believe it was taken, possessed, sold, or
3-24 purchased in violation of this chapter or of a regulation of the
3-25 commission. An alligator, alligator hide, alligator egg, or
3-26 alligator part seized under this section may be sold by the
3-27 department to the highest of three bidders, and the proceeds of the
4-1 sale shall be deposited in the appropriate department suspense
4-2 fund.
4-3 (b) On conviction of a violation, on a plea of nolo
4-4 contendere, or on assessment of deferred adjudication in connection
4-5 with an alligator, alligator hide, alligator egg, or alligator part
4-6 seized under this section, the department shall transfer the
4-7 proceeds of the sale from the suspense fund to the game, fish, and
4-8 water safety fund <If a person is charged with a violation of a
4-9 provision of this chapter or of a regulation of the commission
4-10 issued under this chapter, the game warden or peace officer shall
4-11 seize and hold the alligator, alligator hide, or any part of an
4-12 alligator as evidence>.
4-13 (c) If the alleged violator is found not guilty of the
4-14 offense or if the charges are dismissed, the department shall
4-15 transfer to the owner the entire proceeds of the sale of the
4-16 alligator, alligator hide, alligator egg, or alligator part <On
4-17 conviction of the person or on plea of nolo contendere, the
4-18 alligator, alligator hide, or any part of an alligator seized may
4-19 be sold at any time by the department to the highest bidder after
4-20 taking a minimum of three written bids>.
4-21 (d) <If the person is adjudged not guilty of the offense,
4-22 the department shall return all alligators, alligator hides, or
4-23 parts of an alligator seized to the lawful owner.>
4-24 <(e)> A game warden or peace officer acting under the
4-25 authority of this chapter or of a regulation of the commission is
4-26 immune from liability and from suit for the seizure of alligators,
4-27 alligator hides, alligator eggs, or any part of an alligator.
5-1 SECTION 7. Section 77.027, Parks and Wildlife Code, is
5-2 amended to read as follows:
5-3 Sec. 77.027. Confiscation and Disposal of Shrimp. When an
5-4 enforcement officer of the department believes that a person has
5-5 unlawful possession of any shrimp taken in violation of this
5-6 chapter, all shrimp aboard any vessel involved or in the trawl,
5-7 whether in storage, on deck, and whether alive or dead, whole or
5-8 headed, frozen or fresh, shall be deemed to have been taken in
5-9 violation of the chapter and shall be confiscated by the arresting
5-10 officer. The cargo of shrimp shall be sold to the highest of three
5-11 bidders by the officer. The proceeds of the sale shall be
5-12 deposited in the state treasury to the credit of suspense fund
5-13 number 900, pending the outcome of the action taken against the
5-14 person charged with the illegal possession. If a bid cannot be
5-15 obtained for the sale, the officer, if practicable, shall donate
5-16 the shrimp to a charitable institution, hospital, or other person.
5-17 Unless the person is found guilty, pleads guilty or nolo
5-18 contendere, or is placed on deferred adjudication, all the proceeds
5-19 shall be paid to the defendant.
5-20 SECTION 8. (a) This Act takes effect September 1, 1993.
5-21 (b) Subsection (b), Section 12.109, and Section 77.027,
5-22 Parks and Wildlife Code, as amended by this Act, apply to aquatic
5-23 life confiscated on or after the effective date of this Act.
5-24 (c) Subsection (c), Section 12.110, Parks and Wildlife Code,
5-25 as added by this Act, applies to the seizure or donation of a game
5-26 bird, other fowl, animal, or game fish on or after the effective
5-27 date of this Act.
6-1 (d) Section 65.009, Parks and Wildlife Code, as amended by
6-2 this Act, applies to an alligator, alligator hide, alligator egg,
6-3 or alligator part seized on or after the effective date of this
6-4 Act. The seizure of an alligator, alligator hide, alligator egg,
6-5 or alligator part before the effective date of this Act is governed
6-6 by the law in effect on the date of the seizure, and the former law
6-7 is continued in effect for that purpose.
6-8 SECTION 9. The importance of this legislation and the
6-9 crowded condition of the calendars in both houses create an
6-10 emergency and an imperative public necessity that the
6-11 constitutional rule requiring bills to be read on three several
6-12 days in each house be suspended, and this rule is hereby suspended.