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.