BILL ANALYSIS



S.B. 248
By: Bivins (Woolley)
May 10, 1995
Committee Report (Unamended)


BACKGROUND

Currently, the Parks and Wildlife Code subjects aircraft, vehicles,
firearms, and vessels used in an illegal manner, to seizure and
forfeiture by the Parks and Wildlife Department.  Existing statutes
do not provide due process in the form of legal procedure allowing
the Parks and Wildlife Department to confiscate aircraft, vessels,
vehicles, guns, or other devices.

PURPOSE

As proposed, S.B. 248 authorizes seizure without a warrant and
forfeiture of property believed to be contraband; provides immunity
to officers or wardens who seize the property.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Parks and Wildlife Commission under SECTION 2 (Section
12.1106(g), Chapter 12B, Parks and Wildlife Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 12B, Parks and Wildlife Code, by adding
Section 12.101, as follows:

     Sec.  12.101.  DEFINITIONS.  Defines "aircraft," "contraband,"
     and "vessel."
     
SECTION 2.  Amends Section 12.1106, Parks and Wildlife Code, as
follows:

     Sec.  12.1106.  SEIZURE AND DISPOSITION OF CONTRABAND;
     IMMUNITY.  (a) Authorizes a game warden or other peace officer
     who has probable cause to believe property is contraband to
     seize the property without a warrant.  Deletes the provision
     authorizing holding a vessel.
     
     (b) Requires a warden or officer to give notice of the
       seizure including a description of the seized property and
       the location and date of the seizure, to the judge of a
       county or district of the county where the seizure occurred.
       
       (c) Requires the court to direct the sheriff or constable to
       post the notice for at least 10 days in the county
       courthouse.  Requires the court to hold a hearing at the end
       of the 10 days to determine if the seized property is
       contraband.
       
       (d) Requires the court to order the seized property
       forfeited or released under certain circumstances.
       
       (e) Sets forth authorized actions of the Parks and Wildlife
       Department (department) upon receiving a forfeiture order
       from a court.
       
       (f) Provides immunity from liability and suit for a seizure
       under this section to a warden or officer who seizes
       property.
       
       (g) Authorizes the Parks and Wildlife Commission
       (commission) to adopt rules to implement this section.
       
       (h) Deletes existing Subsections (b)-(e) and (g). 
       Redesignates existing Subsection (f).
       
SECTION 3.  Repealer: Section 43.112, Parks and Wildlife Code
(Confiscation and Disposition of Aircraft, Vehicles, Guns, and
Other Devices; Immunity).

SECTION 4.  Effective date: September 1, 1995.

SECTION 5.  Emergency clause.


SUMMARY OF COMMITTEE ACTION

S.B. 248 was considered by the Committee on State Recreational
Resources in a public hearing on May 10, 1995.

The following persons testified neutrally on the bill:

     Boyd Kennedy representing Texas Parks and Wildlife Department;
and
     James Robertson representing Texas Parks and Wildlife
Department.

The bill was reported favorably without amendment with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 7
ayes, 0 nays, 0 pnv, 2 absent.