PUC C.S.H.B. 1452 75(R)BILL ANALYSIS


STATE RECREATIONAL RESOURCES
C.S.H.B. 1452
By: Gutierrez
5-5-97
Committee Report (Substituted)



BACKGROUND 

The state of Texas has a wide variety of wildlife, and Texans are
privileged to have the opportunity to hunt these animals.  However,
poaching, an illegal hunting activity, results in the taking of wildlife
resources from all Texans.  Poaching is not limited only to native
species, but to exotic wildlife as well.  For land owners whose main
source of income includes raising exotic wildlife, poaching can be very
damaging to their livelihoods. 

Currently, the Parks and Wildlife Code provides that aircraft, vehicles,
firearms or other devices used to commit a violation related to aerial
hunting, and certain vessels (boats) used to commit certain fishing
violations, may be seized and forfeited to the state. 

PURPOSE

HB 1452 provides for increased penalties for poaching.  In addition, this
bill provides for license revocation and suspension as well as allowing a
court to prohibit a person from buying a license for a certain period of
time. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1: Amends Sec. 12.101 (2), Parks and Wildlife Code, by redefining
contraband to include hunting or fishing equipment or a vehicle, vessel,
firearm or other device used to commit a violation of Sec. 61.022 (Taking
Wildlife Resources Without Consent of Landowner Prohibited). 

SECTION 2: Amends Sec. 12.1106 (b) and (d), Parks and Wildlife Code, to
direct peace officers to give notice of the seizure to a court in the
county where the seizure occurred for an offense under Sec. 61.022. 

SECTION 3: Amends Sec. 61.022, Parks and Wildlife Code, by amending
subsection (a) and adding Subsections (b) through (e). 
 
 (a)  Provides that no person may hunt or catch by any means or method or
possess a  wildlife resource unless they have the owner's or owner's
agents consent. 

 (b)  Provides that a person who violates subsection (a) the first time
commits a Class B  Parks and Wildlife Code misdemeanor, and is punishable
by the revocation or suspension  of hunting and fishing licenses and
permits. 

 (c)  Provides that a second violation of subsection (a) is a Class A
Parks and Wildlife  Code misdemeanor, and is punishable by the revocation
or suspension of hunting and  fishing licenses and permits. 

  (d)  Provides that a third or subsequent violation is a state jail
felony, and is punishable by  the revocation or suspension of hunting and
fishing licenses and permits. 

 (e)  Provides for confiscation of equipment, vehicle, vessel, firearm, or
other device used  to commit the offense, on conviction of second, third,
or subsequent violation. 

SECTION 4: Amends Subchapter F, Chapter 12, Parks and Wildlife Code, by
adding Section 12.5015, to provide for the automatic revocation of hunting
or fishing license or permit.   

 (a)  Provides that any hunting or fishing license or permit is
automatically revoked on  final conviction of an offense under Sec.
61.022. 

 (b)  Provides that if the holder of a lifetime license is finally
convicted of an offense,   their lifetime license is automatically
suspended for a period of one to five years. 

 (c)  Provides that for persons convicted of an offense under Sec. 61.022,
the court shall  set a period of one to five years, during which time
Parks and Wildlife may not issue that  person a license, tag, or stamp
under Chapter 42, 46,or 50.  Provides that if the court does  not set a
period of time, it shall be one year from the date of conviction. 

 (d)  Provides that the person who's license or permit is suspended or
revoked shall  surrender that license or permit to the court, and the
court shall send it to Parks and  Wildlife with a copy of the judgement of
conviction. 

SECTION 5: Effective Date:  September 1, 1997, and applies only to
offenses committed on or after that date. 

SECTION 6: Emergency Clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTIONS 1 and 2 of the original bill are the same in the committee
substitute. 

SECTION 3 of the original bill (Sec. 12.501, Parks and Wildlife Code) has
been deleted. 

SECTION 4 of the original bill (Sec. 12.506, Parks and Wildlife Code) has
been deleted. 

SECTION 5 of the original bill (Sec. 61.022, Parks and Wildlife Code) is
SECTION 3 of the committee substitute.  However, SECTION 3 (Sec. 61.022,
Parks and Wildlife Code) of the committee substitute differs from that of
the original bill.  The original bill provides for the revocation of
licenses, including lifetime for a period of one to five years; prohibits
a convicted person from obtaining a new license for a period of one to
five years; provides for the confiscation of equipment, vehicle, vessel,
firearm, etc. beginning with a first offense.  The committee substitute
provides for a first violation (Class B Parks and Wildlife misdemeanor),
second violation (Class A Parks and Wildlife misdemeanor), and third or
subsequent violations (state jail felony); confiscation can only occur
beginning with a second offense; and for all offenses revocation or
suspension of license or permit occurs. 

SECTION 4 of the committee substitute (Subchapter F, Chapter 12, Parks and
Wildlife Code) was not in the original bill.  This section adds Sec.
12.5015 to Subchapter F, Chapter 12, Parks and Wildlife Code.  Sec.
12.5015 provides for the automatic revocation of hunting or fishing
license or permit.  In addition, it provides that for holders of lifetime
licenses, their license will be suspended instead of revoked. 

SECTION 6 of the original bill is now SECTION 5 of the committee
substitute. 

SECTION 7 of the original bill is now SECTION 6 of the committee
substitute.