73R7402 MLR-F
          By Brown                                               S.B. No. 440
          Substitute the following for S.B. No. 440:
          By Hightower                                       C.S.S.B. No. 440
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the Parks and Wildlife Department's enforcement powers,
    1-3  the seizure and disposal of certain aquatic life and wildlife, and
    1-4  the disposition of fines.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Sections 12.106(a) and (c), Parks and Wildlife
    1-7  Code, are amended to read as follows:
    1-8        (a)  Any peace officer of this state or a political
    1-9  subdivision of this state or an authorized employee of the
   1-10  department who arrests a person for a violation of this code or a
   1-11  regulation of the commission adopted under this code may deliver to
   1-12  the alleged violator a written notice to appear before the justice
   1-13  court, county court, or another court having jurisdiction of the
   1-14  offense not later than 15 days after the date of the alleged
   1-15  violation.
   1-16        (c)  A person who fails to appear for a violation of this
   1-17  code or a regulation of the commission adopted under this code
   1-18  within the time specified in the written notice commits an offense
   1-19  that is a Class C Parks and Wildlife Code misdemeanor, and a
   1-20  warrant for the arrest of the alleged violator may be issued.
   1-21        SECTION 2.  Section 12.107, Parks and Wildlife Code, is
   1-22  amended to read as follows:
   1-23        Sec. 12.107.  Remission of Fines.  (a)  A justice of the
   1-24  peace, clerk of any court, or any other officer of the state who
    2-1  receives a fine imposed by a court for a violation of this code or
    2-2  a regulation of the commission adopted under this code <any law
    2-3  relating to the protection and conservation of wild birds, wild
    2-4  fowl, wild animals, fish, oysters, and other wildlife> shall send
    2-5  the fine to the department within 10 days after the date of
    2-6  collection.  A statement containing the docket number of the case,
    2-7  the name of the person fined, and the section of this code or the
    2-8  regulation <the law> violated must accompany the remission of the
    2-9  fine.
   2-10        (b)  The amount of the fine to be remitted to the department
   2-11  is 80 percent in county court or higher court cases and 85 percent
   2-12  in justice court cases.
   2-13        SECTION 3.  Sections 12.109(b), (c), and (f), Parks and
   2-14  Wildlife Code, are amended to read as follows:
   2-15        (b)  The confiscated aquatic life shall be sold to the
   2-16  highest of three bidders.  The proceeds of the sale shall be
   2-17  deposited in the state treasury to the credit of suspense fund No.
   2-18  900 pending the outcome of the action taken against the person
   2-19  charged with illegal possession.  If bids cannot be obtained, the
   2-20  department, if practicable, shall donate the aquatic life to a
   2-21  charitable institution, hospital, or other person.
   2-22        (c)  Unless the person is found guilty, pleads guilty or nolo
   2-23  contendere, or is placed on deferred adjudication, all the proceeds
   2-24  shall be paid to the owner of the aquatic life.
   2-25        (f)  The department and an enforcement officer of the
   2-26  department who acts under this section are not liable in any civil
   2-27  action for the seizure, <or> sale, or donation of aquatic life or
    3-1  for the order to return oysters to a public reef.
    3-2        SECTION 4.  Section 12.110, Parks and Wildlife Code, is
    3-3  amended by adding Subsection (c) to read as follows:
    3-4        (c)  The department and an enforcement officer of the
    3-5  department who acts under this section are not liable in any civil
    3-6  action for the seizure, sale, or donation of a game bird, other
    3-7  fowl, animal, or game fish.
    3-8        SECTION 5.  Section 65.002, Parks and Wildlife Code, is
    3-9  amended to read as follows:
   3-10        Sec. 65.002.  Application.  Except for regulation of those
   3-11  populations listed on the United States List of Endangered Wildlife
   3-12  (50 C.F.R. Part 17), special permits issued under Chapter 43 of
   3-13  this code, revocation or suspension of licenses or permits under
   3-14  Subchapter F, Chapter 12, of this code, or contracts for the
   3-15  removal of reptiles entered into under Section 81.404<, as
   3-16  amended,> of this code, this chapter governs the taking,
   3-17  possession, and sale of alligators to the exclusion of other
   3-18  regulatory and licensing laws.
   3-19        SECTION 6.  Section 65.009, Parks and Wildlife Code, is
   3-20  amended to read as follows:
   3-21        Sec. 65.009.  Seizure and Disposal of Alligators.  (a)  A
   3-22  game warden or any other peace officer may seize an alligator,
   3-23  alligator hide, alligator egg, or any part of an alligator if he
   3-24  has probable cause to believe it was taken, possessed, sold, or
   3-25  purchased in violation of this chapter or of a regulation of the
   3-26  commission.  An alligator, alligator hide, alligator egg, or
   3-27  alligator part seized under this section may be sold by the
    4-1  department to the highest of three bidders, and the proceeds of the
    4-2  sale shall be deposited in the appropriate department suspense
    4-3  fund.
    4-4        (b)  On conviction of a violation, on a plea of nolo
    4-5  contendere, or on assessment of deferred adjudication in connection
    4-6  with an alligator, alligator hide, alligator egg, or alligator part
    4-7  seized under this section, the department shall transfer the
    4-8  proceeds of the sale from the suspense fund to the game, fish, and
    4-9  water safety fund <If a person is charged with a violation of a
   4-10  provision of this chapter or of a regulation of the commission
   4-11  issued under this chapter, the game warden or peace officer shall
   4-12  seize and hold the alligator, alligator hide, or any part of an
   4-13  alligator as evidence>.
   4-14        (c)  If the alleged violator is found not guilty of the
   4-15  offense or if the charges are dismissed, the department shall
   4-16  transfer to the owner the entire proceeds of the sale of the
   4-17  alligator, alligator hide, alligator egg, or alligator part <On
   4-18  conviction of the person or on plea of nolo contendere, the
   4-19  alligator, alligator hide, or any part of an alligator seized may
   4-20  be sold at any time by the department to the highest bidder after
   4-21  taking a minimum of three written bids>.
   4-22        (d)  <If the person is adjudged not guilty of the offense,
   4-23  the department shall return all alligators, alligator hides, or
   4-24  parts of an alligator seized to the lawful owner.>
   4-25        <(e)>  A game warden or peace officer acting under the
   4-26  authority of this chapter or of a regulation of the commission is
   4-27  immune from liability and from suit for the seizure of alligators,
    5-1  alligator hides, alligator eggs, or any part of an alligator.
    5-2        SECTION 7.  Section 77.027, Parks and Wildlife Code, is
    5-3  amended to read as follows:
    5-4        Sec. 77.027.  Confiscation and Disposal of Shrimp.  When an
    5-5  enforcement officer of the department believes that a person has
    5-6  unlawful possession of any shrimp taken in violation of this
    5-7  chapter, all shrimp aboard any vessel involved or in the trawl,
    5-8  whether in storage, on deck, and whether alive or dead, whole or
    5-9  headed, frozen or fresh, shall be deemed to have been taken in
   5-10  violation of the chapter and shall be confiscated by the arresting
   5-11  officer.  The cargo of shrimp shall be sold to the highest of three
   5-12  bidders by the officer.  The proceeds of the sale shall be
   5-13  deposited in the state treasury to the credit of suspense fund
   5-14  number 900, pending the outcome of the action taken against the
   5-15  person charged with the illegal possession.  If a bid cannot be
   5-16  obtained for the sale, the officer, if practicable, shall donate
   5-17  the shrimp to a charitable institution, hospital, or other person.
   5-18  Unless the person is found guilty, pleads guilty or nolo
   5-19  contendere, or is placed on deferred adjudication, all the proceeds
   5-20  shall be paid to the defendant.
   5-21        SECTION 8.  (a)  This Act takes effect September 1, 1993.
   5-22        (b)  Sections 12.109(b) and 77.027, Parks and Wildlife Code,
   5-23  as amended by this Act, apply to aquatic life confiscated on or
   5-24  after the effective date of this Act.
   5-25        (c)  Section 12.110(c), Parks and Wildlife Code, as added by
   5-26  this Act, applies to the seizure or donation of a game bird, other
   5-27  fowl, animal, or game fish on or after the effective date of this
    6-1  Act.
    6-2        (d)  Section 65.009, Parks and Wildlife Code, as amended by
    6-3  this Act, applies to an alligator, alligator hide, alligator egg,
    6-4  or alligator part seized on or after the effective date of this
    6-5  Act.  The seizure of an alligator, alligator hide, alligator egg,
    6-6  or alligator part before the effective date of this Act is governed
    6-7  by the law in effect on the date of the seizure, and the former law
    6-8  is continued in effect for that purpose.
    6-9        SECTION 9.  The importance of this legislation and the
   6-10  crowded condition of the calendars in both houses create an
   6-11  emergency and an imperative public necessity that the
   6-12  constitutional rule requiring bills to be read on three several
   6-13  days in each house be suspended, and this rule is hereby suspended.