By: Bivins S.B. No. 248
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the seizure and disposition of certain property under
1-2 the Parks and Wildlife Code.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 12, Parks and Wildlife
1-5 Code, is amended by adding Section 12.101 to read as follows:
1-6 Sec. 12.101. DEFINITIONS. In this subchapter:
1-7 (1) "Aircraft" means a device, including an airplane,
1-8 ultralight airplane, or helicopter, that can be used for flight in
1-9 the air.
1-10 (2) "Contraband" means:
1-11 (A) an aircraft, vehicle, firearm, or other
1-12 device used to commit a violation of Subchapter G, Chapter 43, of
1-13 this code or a regulation of the commission adopted under that
1-14 subchapter;
1-15 (B) a vessel that is not documented by the
1-16 United States Coast Guard or registered as provided by Chapter 31
1-17 and that is used to commit an offense under Section 66.006 of this
1-18 code; or
1-19 (C) equipment, including a vessel, seized as
1-20 provided by Section 66.2011(d) of this code.
1-21 (3) "Vessel" means watercraft, including an attached
1-22 motor, that can be used for transportation on water.
1-23 SECTION 2. Section 12.1106, Parks and Wildlife Code, is
1-24 amended to read as follows:
2-1 Sec. 12.1106. SEIZURE <CONFISCATION> AND DISPOSITION OF
2-2 CONTRABAND <UNREGISTERED VESSELS>; IMMUNITY. (a) A game warden or
2-3 other peace officer who has probable cause to believe property is
2-4 contraband may seize the property without a warrant <and hold as
2-5 evidence a vessel not documented by the U.S. Coast Guard or not
2-6 registered under an approved numbering system in accord with the
2-7 Federal Boating Act of 1958 and subsequent federal legislation if:>
2-8 <(1) a person is charged with an offense under Section
2-9 66.006 of this code; and>
2-10 <(2) the person used the vessel in committing the
2-11 offense with which the person is charged>.
2-12 (b) The warden or officer shall give notice of the seizure,
2-13 including a description of the seized property and the location and
2-14 date of seizure, to the county judge or a judge of a county court
2-15 at law or district court of the county where the seizure occurred:
2-16 (1) when a person pleads guilty or nolo contendere to,
2-17 is convicted of, or is placed on deferred adjudication for an
2-18 offense under Section 66.006, Section 66.2011, or Subchapter G,
2-19 Chapter 43, of this code; or
2-20 (2) if no person is arrested for an offense
2-21 immediately after the warden or officer seizes the property.
2-22 (c) The court shall direct the sheriff or a constable to
2-23 post a copy of the notice in the county courthouse for not less
2-24 than 10 days. At the expiration of 10 days, the court shall hold a
2-25 hearing to determine if the seized property is contraband.
2-26 (d) The court shall order the seized property:
2-27 (1) forfeited to the department if the court
3-1 determines by a preponderance of the evidence that:
3-2 (A) the seized property is contraband and a
3-3 person pleaded guilty or nolo contendere to, was convicted of, or
3-4 was placed on deferred adjudication for an offense under Section
3-5 66.006, Section 66.2011, or Subchapter G, Chapter 43, of this code;
3-6 or
3-7 (B) the seized property is contraband and no
3-8 person was arrested for an offense immediately after the warden or
3-9 officer seized the property; or
3-10 (2) released to the owner if:
3-11 (A) the person charged with an offense under
3-12 Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of
3-13 this code is acquitted or the charge is dismissed; or
3-14 (B) the court determines that the seized
3-15 property is not contraband.
3-16 (e) If the department receives a forfeiture order from a
3-17 court as authorized by this section, the department may:
3-18 (1) use the seized property in its normal operations;
3-19 (2) sell or transfer the property; or
3-20 (3) destroy the property.
3-21 (f) A warden or officer who seizes property under this
3-22 section is immune from liability and from suit for a seizure and
3-23 disposition of property as authorized by this section.
3-24 (g) The commission may adopt rules to implement this
3-25 section.
3-26 (h) <The department may sell a vessel seized under this
3-27 section to the highest bidder if:>
4-1 <(1) the person who used the vessel to commit an
4-2 offense under Section 66.006 of this code is convicted of the
4-3 offense or if a court of appropriate jurisdiction finds that a
4-4 person has failed to appear in court to answer charges filed under
4-5 Section 66.006 of this code;>
4-6 <(2) the department receives at least three written
4-7 bids to purchase the vessel; and>
4-8 <(3) the highest bid is not less than the appraised
4-9 value of the vessel.>
4-10 <(c) The department shall release a vessel seized under this
4-11 section to the owner if the person charged with an offense under
4-12 Section 66.006 of this code is acquitted or the charge against the
4-13 person is dismissed.>
4-14 <(d) If the department is not authorized to sell or required
4-15 to release the vessel, the department may keep and use the vessel
4-16 in its normal operations.>
4-17 <(e) A game warden or other peace officer is not liable for
4-18 any damages arising from the seizure of a vessel under this section
4-19 unless the damages are caused by an act that was intentional or
4-20 grossly negligent.>
4-21 <(f)> The department shall deposit money received under this
4-22 section in the state treasury to the credit of the game, fish, and
4-23 water safety account.
4-24 <(g) The expense for storage of a vessel seized under the
4-25 authority of this section shall be assessed against the defendant
4-26 upon conviction.>
4-27 SECTION 3. Section 43.112, Parks and Wildlife Code, is
5-1 repealed.
5-2 SECTION 4. This Act takes effect September 1, 1995.
5-3 SECTION 5. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.