75R11544 E
By Gutierrez H.B. No. 1452
Substitute the following for H.B. No. 1452:
By King C.S.H.B. No. 1452
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to poaching; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 12.101(2), Parks and Wildlife Code, is
1-5 amended to read as follows:
1-6 (2) "Contraband" means:
1-7 (A) an aircraft, vehicle, firearm, or other
1-8 device used to commit a violation of Subchapter G, Chapter 43, [of
1-9 this code] or a regulation of the commission adopted under that
1-10 subchapter;
1-11 (B) a vessel that is not documented by the
1-12 United States Coast Guard or registered as provided by Chapter 31
1-13 and that is used to commit an offense under Section 66.006 [of this
1-14 code]; [or]
1-15 (C) equipment, including a vessel, seized as
1-16 provided by Section 66.2011(d); or
1-17 (D) hunting or fishing equipment or a vehicle,
1-18 vessel, firearm, or other device used to commit a violation of
1-19 Section 61.022 [of this code].
1-20 SECTION 2. Sections 12.1106(b) and (d), Parks and Wildlife
1-21 Code, are amended to read as follows:
1-22 (b) The warden or officer shall give notice of the seizure,
1-23 including a description of the seized property and the location and
1-24 date of seizure, to the county judge or a judge of a county court
2-1 at law or district court of the county where the seizure occurred:
2-2 (1) when a person pleads guilty or nolo contendere to,
2-3 is convicted of, or is placed on deferred adjudication for an
2-4 offense under Section 66.006, Section 66.2011, Section 61.022, or
2-5 Subchapter G, Chapter 43[, of this code]; or
2-6 (2) if no person is arrested for an offense
2-7 immediately after the warden or officer seizes the property.
2-8 (d) The court shall order the seized property:
2-9 (1) forfeited to the department if the court
2-10 determines by a preponderance of the evidence that:
2-11 (A) the seized property is contraband and a
2-12 person pleaded guilty or nolo contendere to, was convicted of, or
2-13 was placed on deferred adjudication for an offense under Section
2-14 66.006, Section 66.2011, Section 61.022, or Subchapter G, Chapter
2-15 43[, of this code]; or
2-16 (B) the seized property is contraband and no
2-17 person was arrested for an offense immediately after the warden or
2-18 officer seized the property; or
2-19 (2) released to the owner if:
2-20 (A) the person charged with an offense under
2-21 Section 66.006, Section 66.2011, Section 61.022, or Subchapter G,
2-22 Chapter 43, [of this code] is acquitted or the charge is dismissed;
2-23 or
2-24 (B) the court determines that the seized
2-25 property is not contraband.
2-26 SECTION 3. Section 61.022, Parks and Wildlife Code, is
2-27 amended to read as follows:
3-1 Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF
3-2 LANDOWNER PROHIBITED. (a) No person may hunt or[,] catch by any
3-3 means or method[,] or possess a wildlife resource [game animal or
3-4 game bird, fish, marine animal, or other aquatic life] at any time
3-5 and at any place covered by this chapter unless the owner of the
3-6 land or water, or the owner's agent, consents.
3-7 (b) A person who violates Subsection (a) the first time
3-8 commits an offense that is a Class B Parks and Wildlife Code
3-9 misdemeanor and is punishable in addition by the revocation or
3-10 suspension under Section 12.5015 of hunting and fishing licenses
3-11 and permits.
3-12 (c) A second violation of Subsection (a) is a Class A Parks
3-13 and Wildlife Code misdemeanor and is punishable in addition by the
3-14 revocation or suspension under Section 12.5015 of hunting and
3-15 fishing licenses and permits.
3-16 (d) A third or subsequent violation of Subsection (a) is a
3-17 state jail felony under Section 12.35, Penal Code, and is
3-18 punishable in addition by the revocation or suspension under
3-19 Section 12.5015 of hunting and fishing licenses and permits.
3-20 (e) Hunting or fishing equipment or a vehicle, vessel,
3-21 firearm, or other device used to commit an offense under Subsection
3-22 (a) is subject to confiscation and disposal under Subchapter B,
3-23 Chapter 12, on conviction for a second, third, or subsequent
3-24 violation.
3-25 SECTION 4. Subchapter F, Chapter 12, Parks and Wildlife
3-26 Code, is amended by adding Section 12.5015 to read as follows:
3-27 Sec. 12.5015. AUTOMATIC REVOCATION OF HUNTING OR FISHING
4-1 LICENSE OR PERMIT. (a) Except as provided by this section, any
4-2 hunting or fishing license or permit issued by the department to a
4-3 person is automatically revoked on final conviction of the person
4-4 of an offense under Section 61.022.
4-5 (b) If the holder of a lifetime license is finally convicted
4-6 of an offense under Section 61.022, the person's lifetime license
4-7 is automatically suspended. The suspension is for a period set by
4-8 the court of not less than one year or more than five years. If
4-9 the court does not set a period, the suspension is for one year
4-10 from the date the conviction becomes final.
4-11 (c) On conviction of a person for an offense under Section
4-12 61.022, the court shall set a period of not less than one year and
4-13 not more than five years during which the department may not issue
4-14 that person a license, tag, or stamp under Chapter 42, 46, or 50.
4-15 If the court does not set a period, the department may not issue
4-16 that person a license, tag, or stamp under Chapter 42, 46, or 50
4-17 before the first anniversary of the date the conviction becomes
4-18 final.
4-19 (d) A person who has a license or permit revoked or
4-20 suspended under this section shall surrender the revoked or
4-21 suspended license or permit to the court. The court shall send the
4-22 department the revoked or suspended license or permit and a copy of
4-23 the judgment of conviction.
4-24 SECTION 5. (a) This Act takes effect September 1, 1997.
4-25 (b) The change in law made by this Act applies only to an
4-26 offense under Section 61.022, Parks and Wildlife Code, as amended
4-27 by this Act, that takes place on or after the effective date of
5-1 this Act. For purposes of this section, an offense is committed
5-2 before the effective date of this Act if any element of the offense
5-3 occurs before that date. An offense under Section 61.022, Parks
5-4 and Wildlife Code, that takes place before the effective date of
5-5 this Act is governed by the law in effect on the date the offense
5-6 was committed, and the former law is continued in effect for that
5-7 purpose.
5-8 SECTION 6. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended.