1-1 By: Place (Senate Sponsor - Armbrister) H.B. No. 1941
1-2 (In the Senate - Received from the House May 8, 1997;
1-3 May 9, 1997, read first time and referred to Committee on Natural
1-4 Resources; May 15, 1997, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 May 15, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1941 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to poaching; providing a penalty.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 12.101(2), Parks and Wildlife Code, is
1-13 amended to read as follows:
1-14 (2) "Contraband" means:
1-15 (A) an aircraft, vehicle, firearm, or other
1-16 device used to commit a violation of Subchapter G, Chapter 43, [of
1-17 this code] or a regulation of the commission adopted under that
1-18 subchapter;
1-19 (B) a vessel that is not documented by the
1-20 United States Coast Guard or registered as provided by Chapter 31
1-21 and that is used to commit an offense under Section 66.006 [of this
1-22 code]; [or]
1-23 (C) equipment, including a vessel, seized as
1-24 provided by Section 66.2011(d); or
1-25 (D) hunting or fishing equipment or a vehicle,
1-26 vessel, firearm, or other device used to commit a violation of
1-27 Section 61.022 [of this code].
1-28 SECTION 2. Sections 12.1106(b) and (d), Parks and Wildlife
1-29 Code, are amended to read as follows:
1-30 (b) The warden or officer shall give notice of the seizure,
1-31 including a description of the seized property and the location and
1-32 date of seizure, to the county judge or a judge of a county court
1-33 at law or district court of the county where the seizure occurred:
1-34 (1) when a person pleads guilty or nolo contendere to,
1-35 is convicted of, or is placed on deferred adjudication for an
1-36 offense under Section 66.006, Section 66.2011, Section 61.022, or
1-37 Subchapter G, Chapter 43[, of this code]; or
1-38 (2) if no person is arrested for an offense
1-39 immediately after the warden or officer seizes the property.
1-40 (d) The court shall order the seized property:
1-41 (1) forfeited to the department if the court
1-42 determines by a preponderance of the evidence that:
1-43 (A) the seized property is contraband and a
1-44 person pleaded guilty or nolo contendere to, was convicted of, or
1-45 was placed on deferred adjudication for an offense under Section
1-46 66.006, Section 66.2011, Section 61.022, or Subchapter G, Chapter
1-47 43[, of this code]; or
1-48 (B) the seized property is contraband and no
1-49 person was arrested for an offense immediately after the warden or
1-50 officer seized the property; or
1-51 (2) released to the owner if:
1-52 (A) the person charged with an offense under
1-53 Section 66.006, Section 66.2011, Section 61.022, or Subchapter G,
1-54 Chapter 43, [of this code] is acquitted or the charge is dismissed;
1-55 or
1-56 (B) the court determines that the seized
1-57 property is not contraband.
1-58 SECTION 3. Section 61.022, Parks and Wildlife Code, is
1-59 amended to read as follows:
1-60 Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF
1-61 LANDOWNER PROHIBITED. (a) No person may hunt or[,] catch by any
1-62 means or method[,] or possess a wildlife resource [game animal or
1-63 game bird, fish, marine animal, or other aquatic life] at any time
1-64 and at any place covered by this chapter unless the owner of the
2-1 land or water, or the owner's agent, consents.
2-2 (b) A person who violates Subsection (a) the first time
2-3 commits an offense that is a Class B Parks and Wildlife Code
2-4 misdemeanor and is punishable in addition by the revocation or
2-5 suspension under Section 12.5015 of hunting and fishing licenses
2-6 and permits.
2-7 (c) A second violation of Subsection (a) is a Class A Parks
2-8 and Wildlife Code misdemeanor and is punishable in addition by the
2-9 revocation or suspension under Section 12.5015 of hunting and
2-10 fishing licenses and permits.
2-11 (d) A third or subsequent violation of Subsection (a) is a
2-12 state jail felony under Section 12.35, Penal Code, and is
2-13 punishable in addition by the revocation or suspension under
2-14 Section 12.5015 of hunting and fishing licenses and permits.
2-15 (e) Hunting or fishing equipment or a firearm or other
2-16 device used to commit an offense under Subsection (a) is subject
2-17 to confiscation and disposal under Subchapter B, Chapter 12, on
2-18 conviction for a second, third, or subsequent violation.
2-19 (f) A vehicle or vessel used to commit an offense under
2-20 Subsection (a) is subject to confiscation and disposal under
2-21 Subchapter B, Chapter 12, on conviction for a third or subsequent
2-22 violation.
2-23 SECTION 4. Subchapter F, Chapter 12, Parks and Wildlife
2-24 Code, is amended by adding Section 12.5015 to read as follows:
2-25 Sec. 12.5015. AUTOMATIC REVOCATION OF HUNTING OR FISHING
2-26 LICENSE OR PERMIT. (a) Except as provided by this section, any
2-27 hunting or fishing license or permit issued by the department to a
2-28 person is automatically revoked on final conviction of the person
2-29 of an offense under Section 61.022.
2-30 (b) If the holder of a lifetime license is finally convicted
2-31 of an offense under Section 61.022, the person's lifetime license
2-32 is automatically suspended. The suspension is for a period set by
2-33 the court of not less than one year or more than five years. If
2-34 the court does not set a period, the suspension is for one year
2-35 from the date the conviction becomes final.
2-36 (c) On conviction of a person for an offense under Section
2-37 61.022, the court shall set a period of not less than one year and
2-38 not more than five years during which the department may not issue
2-39 that person a license, tag, or stamp under Chapter 42, 46, or 50.
2-40 If the court does not set a period, the department may not issue
2-41 that person a license, tag, or stamp under Chapter 42, 46, or 50
2-42 before the first anniversary of the date the conviction becomes
2-43 final.
2-44 (d) A person who has a license or permit revoked or
2-45 suspended under this section shall surrender the revoked or
2-46 suspended license or permit to the court. The court shall send the
2-47 department the revoked or suspended license or permit and a copy of
2-48 the judgment of conviction.
2-49 SECTION 5. (a) This Act takes effect September 1, 1997.
2-50 (b) The change in law made by this Act applies only to an
2-51 offense under Section 61.022, Parks and Wildlife Code, as amended
2-52 by this Act, that takes place on or after the effective date of
2-53 this Act. For purposes of this section, an offense is committed
2-54 before the effective date of this Act if any element of the offense
2-55 occurs before that date. An offense under Section 61.022, Parks
2-56 and Wildlife Code, that takes place before the effective date of
2-57 this Act is governed by the law in effect on the date the offense
2-58 was committed, and the former law is continued in effect for that
2-59 purpose.
2-60 SECTION 6. The importance of this legislation and the
2-61 crowded condition of the calendars in both houses create an
2-62 emergency and an imperative public necessity that the
2-63 constitutional rule requiring bills to be read on three several
2-64 days in each house be suspended, and this rule is hereby suspended.
2-65 * * * * *