By Grusendorf H.B. No. 2130
74R6286 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to suits for recovery of value of certain species and
1-3 collection of restitution after judgment.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.303, Parks and Wildlife Code, is
1-6 amended by amending Subsection (a) and adding Subsection (c) to
1-7 read as follows:
1-8 (a) The attorney general, <or> the county attorney of the
1-9 county in which the violation occurred, or a private attorney who
1-10 contracts with the department as provided by this subchapter may
1-11 bring a civil suit under this subchapter in the name of the state
1-12 to recover the value of each fish, shellfish, reptile, amphibian,
1-13 bird, or animal unlawfully killed, caught, taken, possessed, or
1-14 injured.
1-15 (c) The county attorney or a private attorney who contracts
1-16 with the department is exempt from paying a filing fee for bringing
1-17 a civil suit under this section.
1-18 SECTION 2. Subchapter D, Chapter 12, Parks and Wildlife
1-19 Code, is amended by adding Section 12.308 to read as follows:
1-20 Sec. 12.308. CONTRACT WITH PRIVATE ATTORNEY. (a)
1-21 Notwithstanding other law, the department may contract with a
1-22 private attorney to:
1-23 (1) bring a civil suit under Section 12.303; or
1-24 (2) collect on behalf of the state, including bringing
2-1 a civil suit to collect in the name of the state, civil restitution
2-2 awarded under this subchapter.
2-3 (b) A private attorney is exempt from paying a filing fee in
2-4 a collection suit filed under this section.
2-5 (c) The department may agree to pay the attorney as a fee
2-6 for collections a percentage of the total amount collected under a
2-7 contract.
2-8 (d) A contract between the department and a private attorney
2-9 only for the collection of restitution is not subject to review or
2-10 oversight by the attorney general.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended,
2-16 and that this Act take effect and be in force from and after its
2-17 passage, and it is so enacted.