By Gutierrez H.B. No. 1452
75R4069 MI-D
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 12.501, Parks and Wildlife Code, is
2-27 amended by adding Subsection (c) to read as follows:
3-1 (c) If a court notifies the department that a person has
3-2 been adjudged guilty of an offense under Section 61.022:
3-3 (1) the director shall revoke any license, including a
3-4 lifetime license, issued to that person by the department under
3-5 Chapter 42, 46, or 50; and
3-6 (2) the department may not issue any license,
3-7 including a lifetime license, to that person under Chapter 42, 46,
3-8 or 50:
3-9 (A) during the period ordered by the court; or
3-10 (B) if the court does not set a period, for one
3-11 year from the date the conviction becomes final.
3-12 SECTION 4. Section 12.506, Parks and Wildlife Code, is
3-13 amended by adding Subsection (c) to read as follows:
3-14 (c) This section does not apply to an order of the
3-15 department revoking a license under Section 12.501(c).
3-16 SECTION 5. Section 61.022, Parks and Wildlife Code, is
3-17 amended to read as follows:
3-18 Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF
3-19 LANDOWNER PROHIBITED. (a) No person may hunt, catch, or possess a
3-20 game animal or game bird, fish, marine animal, or other aquatic
3-21 life at any time and at any place covered by this chapter unless
3-22 the owner of the land or water, or the owner's agent, consents.
3-23 (b) A person who violates Subsection (a) commits an
3-24 offense. A person adjudged guilty of an offense under this
3-25 section:
3-26 (1) shall be punished by:
3-27 (A) a fine of not less than $300 or more than
4-1 $500; and
4-2 (B) revocation of any license, including a
4-3 lifetime license, issued to the person by the department under
4-4 Chapter 42, 46, or 50; and
4-5 (2) during the period set by the court of not less
4-6 than one year and not more than five years, may not acquire a
4-7 license, including a lifetime license, under Chapter 42, 46, or 50.
4-8 (c) The court shall order a person adjudged guilty under
4-9 this section immediately to surrender to the court any license,
4-10 including a lifetime license, issued to the person by the
4-11 department under Chapter 42, 46, or 50. Not later than the 10th
4-12 day after the date of the order, the clerk shall send to the
4-13 department:
4-14 (1) each license surrendered; and
4-15 (2) a certified copy of the judgment.
4-16 (d) Hunting or fishing equipment or a vehicle, vessel,
4-17 firearm, or other device used to commit an offense under Subsection
4-18 (a) is subject to confiscation and disposal under Subchapter B,
4-19 Chapter 12.
4-20 (e) A justice of the peace court has jurisdiction of a
4-21 prosecution brought under this section.
4-22 (f) For purposes of this section, "adjudged guilty" means a
4-23 final conviction. A conviction is a final conviction regardless of
4-24 whether any portion of the sentence for the conviction was
4-25 suspended or probated. For purposes of this section, a final
4-26 judgment includes a judgment entered under Article 45.231, Code of
4-27 Criminal Procedure.
5-1 SECTION 6. (a) This Act takes effect September 1, 1997.
5-2 (b) The change in law made by this Act applies only to an
5-3 offense under Section 61.022, Parks and Wildlife Code, as amended
5-4 by this Act, that takes place on or after the effective date of
5-5 this Act. For purposes of this section, an offense is committed
5-6 before the effective date of this Act if any element of the offense
5-7 occurs before that date. An offense under Section 61.022, Parks
5-8 and Wildlife Code, that takes place before the effective date of
5-9 this Act is governed by the law in effect on the date the offense
5-10 was committed, and the former law is continued in effect for that
5-11 purpose.
5-12 SECTION 7. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended.