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                               * * * * *