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 61.022, Parks and Wildlife Code, is
1-5 amended to read as follows:
1-6 Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF
1-7 LANDOWNER PROHIBITED. (a) No person may hunt or[,] catch by any
1-8 means or method[,] or possess a wildlife resource [game animal or
1-9 game bird, fish, marine animal, or other aquatic life] at any time
1-10 and at any place covered by this chapter unless the owner of the
1-11 land or water, or the owner's agent, consents.
1-12 (b) A person who violates Subsection (a) the first time
1-13 commits an offense that is a Class B Parks and Wildlife Code
1-14 misdemeanor and is punishable in addition by the revocation or
1-15 suspension under Section 12.5015 of hunting and fishing licenses
1-16 and permits.
1-17 (c) A second violation of Subsection (a) is a Class A Parks
1-18 and Wildlife Code misdemeanor and is punishable in addition by the
1-19 revocation or suspension under Section 12.5015 of hunting and
1-20 fishing licenses and permits.
1-21 (d) A third or subsequent violation of Subsection (a) is a
1-22 state jail felony under Section 12.35, Penal Code, and is
1-23 punishable in addition by the revocation or suspension under
1-24 Section 12.5015 of hunting and fishing licenses and permits.
2-1 SECTION 2. Subchapter F, Chapter 12, Parks and Wildlife
2-2 Code, is amended by adding Section 12.5015 to read as follows:
2-3 Sec. 12.5015. AUTOMATIC REVOCATION OF HUNTING OR FISHING
2-4 LICENSE OR PERMIT. (a) Except as provided by this section, any
2-5 hunting or fishing license or permit issued by the department to a
2-6 person is automatically revoked on final conviction of the person
2-7 of an offense under Section 61.022.
2-8 (b) If the holder of a lifetime license is finally convicted
2-9 of an offense under Section 61.022, the person's lifetime license
2-10 is automatically suspended. The suspension is for a period set by
2-11 the court of not less than one year or more than five years. If
2-12 the court does not set a period, the suspension is for one year
2-13 from the date the conviction becomes final.
2-14 (c) On conviction of a person for an offense under Section
2-15 61.022, the court shall set a period of not less than one year and
2-16 not more than five years during which the department may not issue
2-17 that person a license, tag, or stamp under Chapter 42, 46, or 50.
2-18 If the court does not set a period, the department may not issue
2-19 that person a license, tag, or stamp under Chapter 42, 46, or 50
2-20 before the first anniversary of the date the conviction becomes
2-21 final.
2-22 (d) A person who has a license or permit revoked or
2-23 suspended under this section shall surrender the revoked or
2-24 suspended license or permit to the court. The court shall send the
2-25 department the revoked or suspended license or permit and a copy of
2-26 the judgment of conviction.
2-27 SECTION 3. (a) This Act takes effect September 1, 1997.
3-1 (b) The change in law made by this Act applies only to an
3-2 offense under Section 61.022, Parks and Wildlife Code, as amended
3-3 by this Act, that takes place on or after the effective date of
3-4 this Act. For purposes of this section, an offense is committed
3-5 before the effective date of this Act if any element of the offense
3-6 occurs before that date. An offense under Section 61.022, Parks
3-7 and Wildlife Code, that takes place before the effective date of
3-8 this Act is governed by the law in effect on the date the offense
3-9 was committed, and the former law is continued in effect for that
3-10 purpose.
3-11 SECTION 4. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1941 was passed by the House on May
7, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1941 on May 29, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1941 on May 31, 1997, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1941 was passed by the Senate, with
amendments, on May 26, 1997, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1941 on May 31, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor