1-1 By: Bivins S.B. No. 248
1-2 (In the Senate - Filed January 17, 1995; January 18, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 22, 1995, rereferred to Committee on Natural Resources;
1-5 April 7, 1995, reported favorably by the following vote: Yeas 10,
1-6 Nays 0; April 7, 1995, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the seizure and disposition of certain property under
1-10 the Parks and Wildlife Code.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter B, Chapter 12, Parks and Wildlife
1-13 Code, is amended by adding Section 12.101 to read as follows:
1-14 Sec. 12.101. DEFINITIONS. In this subchapter:
1-15 (1) "Aircraft" means a device, including an airplane,
1-16 ultralight airplane, or helicopter, that can be used for flight in
1-17 the air.
1-18 (2) "Contraband" means:
1-19 (A) an aircraft, vehicle, firearm, or other
1-20 device used to commit a violation of Subchapter G, Chapter 43, of
1-21 this code or a regulation of the commission adopted under that
1-22 subchapter;
1-23 (B) a vessel that is not documented by the
1-24 United States Coast Guard or registered as provided by Chapter 31
1-25 and that is used to commit an offense under Section 66.006 of this
1-26 code; or
1-27 (C) equipment, including a vessel, seized as
1-28 provided by Section 66.2011(d) of this code.
1-29 (3) "Vessel" means watercraft, including an attached
1-30 motor, that can be used for transportation on water.
1-31 SECTION 2. Section 12.1106, Parks and Wildlife Code, is
1-32 amended to read as follows:
1-33 Sec. 12.1106. SEIZURE <CONFISCATION> AND DISPOSITION OF
1-34 CONTRABAND <UNREGISTERED VESSELS>; IMMUNITY. (a) A game warden or
1-35 other peace officer who has probable cause to believe property is
1-36 contraband may seize the property without a warrant <and hold as
1-37 evidence a vessel not documented by the U.S. Coast Guard or not
1-38 registered under an approved numbering system in accord with the
1-39 Federal Boating Act of 1958 and subsequent federal legislation if:>
1-40 <(1) a person is charged with an offense under Section
1-41 66.006 of this code; and>
1-42 <(2) the person used the vessel in committing the
1-43 offense with which the person is charged>.
1-44 (b) The warden or officer shall give notice of the seizure,
1-45 including a description of the seized property and the location and
1-46 date of seizure, to the county judge or a judge of a county court
1-47 at law or district court of the county where the seizure occurred:
1-48 (1) when a person pleads guilty or nolo contendere to,
1-49 is convicted of, or is placed on deferred adjudication for an
1-50 offense under Section 66.006, Section 66.2011, or Subchapter G,
1-51 Chapter 43, of this code; or
1-52 (2) if no person is arrested for an offense
1-53 immediately after the warden or officer seizes the property.
1-54 (c) The court shall direct the sheriff or a constable to
1-55 post a copy of the notice in the county courthouse for not less
1-56 than 10 days. At the expiration of 10 days, the court shall hold a
1-57 hearing to determine if the seized property is contraband.
1-58 (d) The court shall order the seized property:
1-59 (1) forfeited to the department if the court
1-60 determines by a preponderance of the evidence that:
1-61 (A) the seized property is contraband and a
1-62 person pleaded guilty or nolo contendere to, was convicted of, or
1-63 was placed on deferred adjudication for an offense under Section
1-64 66.006, Section 66.2011, or Subchapter G, Chapter 43, of this code;
1-65 or
1-66 (B) the seized property is contraband and no
1-67 person was arrested for an offense immediately after the warden or
1-68 officer seized the property; or
2-1 (2) released to the owner if:
2-2 (A) the person charged with an offense under
2-3 Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of
2-4 this code is acquitted or the charge is dismissed; or
2-5 (B) the court determines that the seized
2-6 property is not contraband.
2-7 (e) If the department receives a forfeiture order from a
2-8 court as authorized by this section, the department may:
2-9 (1) use the seized property in its normal operations;
2-10 (2) sell or transfer the property; or
2-11 (3) destroy the property.
2-12 (f) A warden or officer who seizes property under this
2-13 section is immune from liability and from suit for a seizure and
2-14 disposition of property as authorized by this section.
2-15 (g) The commission may adopt rules to implement this
2-16 section.
2-17 (h) <The department may sell a vessel seized under this
2-18 section to the highest bidder if:>
2-19 <(1) the person who used the vessel to commit an
2-20 offense under Section 66.006 of this code is convicted of the
2-21 offense or if a court of appropriate jurisdiction finds that a
2-22 person has failed to appear in court to answer charges filed under
2-23 Section 66.006 of this code;>
2-24 <(2) the department receives at least three written
2-25 bids to purchase the vessel; and>
2-26 <(3) the highest bid is not less than the appraised
2-27 value of the vessel.>
2-28 <(c) The department shall release a vessel seized under this
2-29 section to the owner if the person charged with an offense under
2-30 Section 66.006 of this code is acquitted or the charge against the
2-31 person is dismissed.>
2-32 <(d) If the department is not authorized to sell or required
2-33 to release the vessel, the department may keep and use the vessel
2-34 in its normal operations.>
2-35 <(e) A game warden or other peace officer is not liable for
2-36 any damages arising from the seizure of a vessel under this section
2-37 unless the damages are caused by an act that was intentional or
2-38 grossly negligent.>
2-39 <(f)> The department shall deposit money received under this
2-40 section in the state treasury to the credit of the game, fish, and
2-41 water safety account.
2-42 <(g) The expense for storage of a vessel seized under the
2-43 authority of this section shall be assessed against the defendant
2-44 upon conviction.>
2-45 SECTION 3. Section 43.112, Parks and Wildlife Code, is
2-46 repealed.
2-47 SECTION 4. This Act takes effect September 1, 1995.
2-48 SECTION 5. The importance of this legislation and the
2-49 crowded condition of the calendars in both houses create an
2-50 emergency and an imperative public necessity that the
2-51 constitutional rule requiring bills to be read on three several
2-52 days in each house be suspended, and this rule is hereby suspended.
2-53 * * * * *