BILL ANALYSIS S.B. 248 By: Bivins Natural Resources 04-10-95 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.