1-1 By: Brown S.B. No. 440
1-2 (In the Senate - Filed February 23, 1993; February 23, 1993,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 15, 1993, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; March 15, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to authorization for the Parks and Wildlife Department to
1-22 receive fines for failure to appear and to the donation of seized
1-23 aquatic life and wildlife; providing penalties.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 12.106, Parks and Wildlife Code, is
1-26 amended to read as follows:
1-27 Sec. 12.106. NOTICE TO APPEAR. (a) Any peace officer of
1-28 this state or a political subdivision of this state or an
1-29 authorized employee of the department who arrests a person for a
1-30 violation of any provision of this code or a regulation of the
1-31 commission adopted under the authority of this code may deliver to
1-32 the alleged violator a written notice to appear before the justice
1-33 court, county court, or any other court having jurisdiction of the
1-34 offense not later than 15 days after the date of the alleged
1-35 violation.
1-36 (b) On signing the written notice to appear and thereby
1-37 promising to appear as provided in the notice, the alleged violator
1-38 shall be released.
1-39 (c) A person who fails to appear in the court of
1-40 jurisdiction for a violation of any provision of this code or a
1-41 regulation of the commission adopted under the authority of this
1-42 code within the time specified in the written notice commits an
1-43 offense that is a Class C Parks and Wildlife Code misdemeanor, and
1-44 a warrant for the arrest of the alleged violator may be issued.
1-45 SECTION 2. Section 12.107, Parks and Wildlife Code, is
1-46 amended to read as follows:
1-47 Sec. 12.107. REMISSION OF FINES. (a) A justice of the
1-48 peace, clerk of any court, or any other officer of the state who
1-49 receives a fine imposed by a court of jurisdiction for a violation
1-50 of any statute of this code or regulation of the commission adopted
1-51 under the authority of this code <law relating to the protection
1-52 and conservation of wild birds, wild fowl, wild animals, fish,
1-53 oysters, and other wildlife> shall send the fine to the department
1-54 within 10 days after the date of collection. A statement
1-55 containing the docket number of the case, the name of the person
1-56 fined, and the section of the code or regulation of the commission
1-57 <law> violated must accompany the remission of the fine.
1-58 (b) The amount of the fine to be remitted to the department
1-59 is 80 percent in county court or higher court cases and 85 percent
1-60 in justice court cases.
1-61 SECTION 3. Section 12.109, Parks and Wildlife Code, is
1-62 amended to read as follows:
1-63 Sec. 12.109. CONFISCATION AND DISPOSITION OF AQUATIC LIFE.
1-64 (a) Except as provided by Subsection (e) of this section, when an
1-65 enforcement officer of the department believes that a person has
1-66 unlawful possession of any fish, oysters, shrimp, or other aquatic
1-67 life, he shall seize and sell the aquatic life and dispose of the
1-68 proceeds as provided in this section. If the person is in
2-1 possession of a greater quantity of aquatic life than is authorized
2-2 by law, all such aquatic life shall be deemed to have been taken in
2-3 contravention of the law and shall be seized by the arresting
2-4 officer. The officer shall give to the person a receipt for all
2-5 aquatic life seized upon the sale of the aquatic life.
2-6 (b) The confiscated aquatic life shall be sold to the
2-7 highest of three bidders. The proceeds of the sale shall be
2-8 deposited in the state treasury to the credit of suspense fund No.
2-9 900 pending the outcome of the action taken against the person
2-10 charged with illegal possession. If no bids can be obtained, the
2-11 department shall donate the aquatic life, whenever reasonably
2-12 practical, to a charitable institution, hospital, person or
2-13 persons.
2-14 (c) Unless the person is found guilty, pleads guilty, pleads
2-15 nolo contendere, or is placed on deferred adjudication, all the
2-16 proceeds shall be paid to the owner of the aquatic life.
2-17 (d) This section does not apply to fish, shrimp, or other
2-18 aquatic life that are taken from an area declared by the
2-19 Commissioner of Health to be a prohibited area.
2-20 (e) If an enforcement officer of the department determines
2-21 that a person is in possession of oysters that were taken
2-22 unlawfully, the officer may direct, if practical, that the oysters
2-23 be returned to a public reef.
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.
2-28 SECTION 4. Section 12.110, Parks and Wildlife Code, is
2-29 amended to read as follows:
2-30 Sec. 12.110. DISPOSITION OF CONFISCATED GAME. (a) The
2-31 department shall donate, whenever same is reasonably practicable,
2-32 any wild game animal, bird, fowl, or game fish which is unlawfully
2-33 killed, taken, shipped, held in storage, or found in a public
2-34 eating place to a charitable institution, hospital, or person or
2-35 persons.
2-36 (b) The expense of any cold storage that may be necessary
2-37 for an unlawfully possessed game bird, fowl, animal, or game fish
2-38 shall be assessed against the violator on his conviction.
2-39 (c) The department and an enforcement officer of the
2-40 department who acts under this section are not liable in any civil
2-41 action for the seizure or donation of game birds, fowl, animals, or
2-42 game fish.
2-43 SECTION 5. Section 77.027, Parks and Wildlife Code, is
2-44 amended to read as follows:
2-45 Sec. 77.027. CONFISCATION AND DISPOSAL OF SHRIMP. When an
2-46 enforcement officer of the department believes that a person has
2-47 unlawful possession of any shrimp taken in violation of this
2-48 chapter, all shrimp aboard any vessel involved or in the trawl,
2-49 whether in storage, on deck, and whether alive or dead, whole or
2-50 headed, frozen or fresh, shall be deemed to have been taken in
2-51 violation of the chapter and shall be confiscated by the arresting
2-52 officer. The cargo of shrimp shall be sold to the highest of three
2-53 bidders by the officer. The proceeds of the sale shall be
2-54 deposited in the state treasury to the credit of suspense fund
2-55 number 900, pending the outcome of the action taken against the
2-56 person charged with the illegal possession. If no bids can be
2-57 obtained, the officer shall donate the shrimp, whenever reasonably
2-58 practical, to a charitable institution, hospital, or person or
2-59 persons. Unless the person is found guilty, pleads guilty, pleads
2-60 nolo contendere, or is placed on deferred adjudication, all the
2-61 proceeds shall be paid to the defendant.
2-62 SECTION 6. This Act takes effect September 1, 1993.
2-63 SECTION 7. The importance of this legislation and the
2-64 crowded condition of the calendars in both houses create an
2-65 emergency and an imperative public necessity that the
2-66 constitutional rule requiring bills to be read on three several
2-67 days in each house be suspended, and this rule is hereby suspended,
2-68 and that this Act take effect and be in force from and after its
2-69 passage, and it is so enacted.
2-70 * * * * *
3-1 Austin,
3-2 Texas
3-3 March 15, 1993
3-4 Hon. Bob Bullock
3-5 President of the Senate
3-6 Sir:
3-7 We, your Committee on Natural Resources to which was referred S.B.
3-8 No. 440, have had the same under consideration, and I am instructed
3-9 to report it back to the Senate with the recommendation that it do
3-10 pass and be printed.
3-11 Sims,
3-12 Chairman
3-13 * * * * *
3-14 WITNESSES
3-15 FOR AGAINST ON
3-16 ___________________________________________________________________
3-17 Name: Dick G. Ingram x
3-18 Representing: GCCA
3-19 City: Austin
3-20 -------------------------------------------------------------------
3-21 Name: James E. Robertson x
3-22 Representing: Tx Parks and Wildlife Dept.
3-23 City: Buda
3-24 -------------------------------------------------------------------
3-25 Name: Charles J. Hensley x
3-26 Representing: Tx Parks and Wildlife Dept.
3-27 City: Austin
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