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.