By: Brown S.B. No. 440
73R5203 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorization for Parks and Wildlife to receive fines
1-3 for failure to appear and to the donation of seized aquatic life
1-4 and wildlife; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 12.106, Subchapter B, Chapter 12, Parks
1-7 and Wildlife Code is amended to read as follows:
1-8 Sec. 12.106. Notice to Appear. (a) Any peace officer of
1-9 this state or a political subdivision of this state or an
1-10 authorized employee of the department who arrests a person for a
1-11 violation of any provision of this code or a regulation of the
1-12 commission adopted under the authority of this code may deliver to
1-13 the alleged violator a written notice to appear before the justice
1-14 court, county court, or any other court having jurisdiction of the
1-15 offense not later than 15 days after the date of the alleged
1-16 violation.
1-17 (b) On signing the written Notice to Appear and thereby
1-18 promising to appear as provided in the notice, the alleged violator
1-19 shall be released.
1-20 (c) A person who fails to appear in the court of
1-21 jurisdiction for a violation of any provision of this code or a
1-22 regulation of the commission adopted under the authority of this
1-23 code within the time specified in the written notice commits an
1-24 offense that is a Class C Parks and Wildlife Code misdemeanor, and
2-1 a warrant for the arrest of the alleged violator may be issued.
2-2 SECTION 2. Section 12.107, Subchapter B, Chapter 12, Parks
2-3 and Wildlife Code is amended to read as follows:
2-4 Sec. 12.107. Remission of Fines. (a) A justice of the
2-5 peace, clerk of any court, or any other officer of the state who
2-6 receives a fine imposed by a court of jurisdiction for a violation
2-7 of any <law> statute of the Parks and Wildlife Code or regulation
2-8 of the commission adopted under the authority of this code
2-9 <relating to the protection and conservation of wild birds, wild
2-10 fowl, wild animals, fish, oysters, and other wildlife,> shall send
2-11 the fine to the department within 10 days after the date of
2-12 collection. A statement containing the docket number of the case,
2-13 the name of the person fined, and the section of the code <law> or
2-14 regulation of the commission violated must accompany the remission
2-15 of the fine.
2-16 (b) The amount of the fine to be remitted to the department
2-17 is 80 percent in county court or higher court and 85 percent in
2-18 justice court cases.
2-19 SECTION 3. Section 12.109, Subchapter B, Chapter 12, Parks
2-20 and Wildlife Code is amended to read as follows:
2-21 Sec. 12.109. Confiscation and Disposition of Aquatic Life.
2-22 (a) Except as provided by Subsection (e) of this section, when an
2-23 enforcement officer of the department believes that a person has
2-24 unlawful possession of any fish, oysters, shrimp, or other aquatic
2-25 life, he shall seize and sell the aquatic life and dispose of the
2-26 proceeds as provided in this section. If the person is in
2-27 possession of a greater quantity of aquatic life than is authorized
3-1 by law, all such aquatic life shall be deemed to have been taken in
3-2 contravention of the law and shall be seized by the arresting
3-3 officer. The officer shall give to the person a receipt for all
3-4 aquatic life seized upon the sale of the aquatic life.
3-5 (b) The confiscated aquatic life shall be sold to the
3-6 highest of three bidders. The proceeds of the sale shall be
3-7 deposited in the state treasury to the credit of suspense fund No.
3-8 900 pending the outcome of the action taken against the person
3-9 charged with illegal possession. If no bids can be obtained, the
3-10 Department shall donate the aquatic life, whenever reasonably
3-11 practical, to a charitable institution, hospital, person or
3-12 persons.
3-13 (c) Unless the person is found guilty, pleads guilty, pleads
3-14 nolo contendere, or is placed on deferred adjudication, all the
3-15 proceeds shall be paid to the owner of the aquatic life.
3-16 (d) This section does not apply to fish, shrimp, or other
3-17 aquatic life that are taken from an area declared by the
3-18 Commissioner of Health to be a prohibited area.
3-19 (e) If an enforcement officer of the Department determines
3-20 that a person is in possession of oysters that were taken
3-21 unlawfully, the officer may direct, if practical, that the oysters
3-22 be returned to a public reef.
3-23 (f) The Department and an enforcement officer of the
3-24 Department who acts under this section are not liable in any civil
3-25 action for the seizure <or>, sale, or donation of aquatic life or
3-26 for the order to return oysters to a public reef.
3-27 SECTION 4. Section 12.110, Subchapter B, Chapter 12, Parks
4-1 and Wildlife Code is amended to read as follows:
4-2 Sec. 12.110. Disposition of Confiscated Game. (a) The
4-3 Department shall donate, whenever same is reasonably practicable,
4-4 any wild game animal, bird, fowl, or game fish which is unlawfully
4-5 killed, taken, shipped, held in storage, or found in a public
4-6 eating place to a charitable institution, hospital, or person or
4-7 persons.
4-8 (b) The expense of any cold storage that may be necessary
4-9 for an unlawfully possessed game bird, fowl, animal, or game fish
4-10 shall be assessed against the violator on his conviction.
4-11 (c) The Department and an enforcement officer of the
4-12 Department who acts under this section are not liable in any civil
4-13 action for the seizure or donation of game birds, fowl, animals, or
4-14 game fish.
4-15 SECTION 5. Section 77.027 Parks and Wildlife Code is amended
4-16 to read as follows:
4-17 Section 77.027 Confiscation and Disposal of Shrimp. When an
4-18 enforcement officer of the Department believes that a person has
4-19 unlawful possession of any shrimp taken in violation of this
4-20 chapter, all shrimp aboard any vessel involved, or in the trawl,
4-21 whether in storage, on deck, and whether alive or dead, whole or
4-22 headed, frozen or fresh, shall be deemed to have been taken in
4-23 violation of the chapter and shall be confiscated by the arresting
4-24 officer. The cargo of shrimp shall be sold to the highest of three
4-25 bidders by the officer. The proceeds of the sale shall be
4-26 deposited in the state treasury to the credit of suspense fund
4-27 number 900, pending the outcome of the action taken against the
5-1 person charged with the illegal possession. If no bids can be
5-2 obtained, the officer shall donate the shrimp, whenever reasonably
5-3 practical, to a charitable institution, hospital, person or
5-4 persons. Unless the person is found guilty, pleads guilty, pleads
5-5 nolo contendere, or is placed on deferred adjudication, all the
5-6 proceeds shall be paid to the defendant.
5-7 SECTION 6. This Act shall take effect on September 1, 1993.
5-8 SECTION 7. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended,
5-13 and that this Act take effect and be in force from and after its
5-14 passage, and it is so enacted.