By Bivins                                              S.B. No. 248
       74R2864 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the seizure and disposition of certain property under
    1-3  the Parks and Wildlife Code.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter B, Chapter 12, Parks and Wildlife
    1-6  Code, is amended by adding Section 12.101 to read as follows:
    1-7        Sec. 12.101.  DEFINITIONS.  In this subchapter:
    1-8              (1)  "Aircraft" means a device, including an airplane,
    1-9  ultralight airplane, or helicopter, that can be used for flight in
   1-10  the air.
   1-11              (2)  "Contraband" means:
   1-12                    (A)  an aircraft, vehicle, firearm, or other
   1-13  device used to commit a violation of Subchapter G, Chapter 43, of
   1-14  this code or a regulation of the commission adopted under that
   1-15  subchapter;
   1-16                    (B)  a vessel that is not documented by the U.S.
   1-17  Coast Guard or registered as provided by Chapter 31 and that is
   1-18  used to commit an offense under Section 66.006; or
   1-19                    (C)  equipment, including a vessel, seized as
   1-20  provided by Section 66.2011(d).
   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; 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; or
    3-6                    (B)  the seized property is contraband and no
    3-7  person was arrested for an offense immediately after the warden or
    3-8  officer seized the property; or
    3-9              (2)  released to the owner if:
   3-10                    (A)  the person charged with an offense under
   3-11  Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, is
   3-12  acquitted or the charge is dismissed; or
   3-13                    (B)  the court determines that the seized
   3-14  property is not contraband.
   3-15        (e)  If the department receives a forfeiture order from a
   3-16  court as authorized by this section, the department may:
   3-17              (1)  use the seized property in its normal operations;
   3-18              (2)  sell or transfer the property; or
   3-19              (3)  destroy the property.
   3-20        (f)  A warden or officer who seizes property under this
   3-21  section is immune from liability and from suit for a seizure and
   3-22  disposition of property as authorized by this section.
   3-23        (g)  The commission may adopt rules to implement this
   3-24  section.
   3-25        (h)  <The department may sell a vessel seized under this
   3-26  section to the highest bidder if:>
   3-27              <(1)  the person who used the vessel to commit an
    4-1  offense under Section 66.006 of this code is convicted of the
    4-2  offense or if a court of appropriate jurisdiction finds that a
    4-3  person has failed to appear in court to answer charges filed under
    4-4  Section 66.006 of this code;>
    4-5              <(2)  the department receives at least three written
    4-6  bids to purchase the vessel; and>
    4-7              <(3)  the highest bid is not less than the appraised
    4-8  value of the vessel.>
    4-9        <(c)  The department shall release a vessel seized under this
   4-10  section to the owner if the person charged with an offense under
   4-11  Section 66.006 of this code is acquitted or the charge against the
   4-12  person is dismissed.>
   4-13        <(d)  If the department is not authorized to sell or required
   4-14  to release the vessel, the department may keep and use the vessel
   4-15  in its normal operations.>
   4-16        <(e)  A game warden or other peace officer is not liable for
   4-17  any damages arising from the seizure of a vessel under this section
   4-18  unless the damages are caused by an act that was intentional or
   4-19  grossly negligent.>
   4-20        <(f)>  The department shall deposit money received under this
   4-21  section in the state treasury to the credit of the game, fish, and
   4-22  water safety account.
   4-23        <(g)  The expense for storage of a vessel seized under the
   4-24  authority of this section shall be assessed against the defendant
   4-25  upon conviction.>
   4-26        SECTION 3.  Section 43.112, Parks and Wildlife Code, is
   4-27  repealed.
    5-1        SECTION 4.  This Act takes effect September 1, 1995.
    5-2        SECTION 5.  The importance of this legislation and the
    5-3  crowded condition of the calendars in both houses create an
    5-4  emergency and an imperative public necessity that the
    5-5  constitutional rule requiring bills to be read on three several
    5-6  days in each house be suspended, and this rule is hereby suspended.