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
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   3-21  Name:  James E. Robertson                                      x
   3-22  Representing:  Tx Parks and Wildlife Dept.
   3-23  City:  Buda
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   3-25  Name:  Charles J. Hensley                                      x
   3-26  Representing:  Tx Parks and Wildlife Dept.
   3-27  City:  Austin
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