Amend SB 1302 by adding a new SECTION 6 and a new SECTION 7
to read as follows and renumber subsequent sections appropriately:
      "SECTION 6.  Section 12.109, Parks and Wildlife Code, is
amended to read as follows:
      Sec. 12.109.  CONFISCATION AND DISPOSITION OF AQUATIC
PRODUCTS <LIFE>.  (a)  Except as provided by s<S>ubsection (c) or
subsection (f) <(e)> of this section, when an enforcement officer
of the department believes that a person has unlawful possession of
any fish, oysters, shrimp, or other aquatic products as defined by
Section 47.001(16), Parks and Wildlife Code, taken in violation of
this code, or a proclamation of the commission adopted under this
code <life>, he shall seize <and sell> the aquatic products, and
all aquatic products aboard any vessel involved, or in any device
used to catch or store aquatic products, whether in storage or on
deck, and whether alive or dead, frozen or fresh, whole or
processed to any extent.  The officer shall sell the aquatic
products and dispose of the proceeds as provided in subsection (b)
<life and dispose of the proceeds as provided in this section>.
<If the person is in possession of a greater quantity of aquatic
life than is authorized by law, all such aquatic life shall be
deemed to have been taken in contravention of the law and shall be
seized by the arresting officer.  The officer shall give to the
person a receipt for all aquatic life seized upon the sale of the
aquatic life.>
      (b)  The confiscated aquatic products <life> shall be sold to
the highest of three bidders.  The proceeds of the sale shall be
deposited in the state treasury to the credit of suspense account
No. 900 pending the outcome of the action taken against the person
charged with illegal possession.  The officer shall give to the
person a receipt for all aquatic products seized upon the sale of
the aquatic products.  If bids cannot be obtained, the department,
if practicable, shall donate the aquatic products <life> to a
charitable institution, hospital, or other person.
      (c)  If aquatic products are seized due only to a violation
of a daily bag or possession limit, the officer shall allow the
person in possession to retain a lawful quantity of the aquatic
products, but only if the person gives written acknowledgement of
retention of a lawful quantity to the officer on a form provided by
the department.  The officer shall sell the remainder of the
aquatic products and dispose of the proceeds as provided by
subsection (b) of this section.
      (d) <(c)>  Unless the person is found guilty, pleads guilty
or nolo contendere, or is placed on deferred adjudication, all the
proceeds shall be paid to the owner of the aquatic products <life>.
      (e) <(d)>  This section does not apply to fish, shrimp or
other aquatic products <life> that are taken from an area declared
by the Commissioner of Health to be a prohibited area.
      (f) <(e)>  If an enforcement officer of the department
determines that a person is in possession of oysters that were
taken unlawfully, the officer may direct, if practical, that the
oysters be returned to a public reef.
      (g) <(f)>  The department and an enforcement officer of the
department who acts under this section are not liable in any civil
action for the seizure, sale, release, or donation of aquatic
products, <life> or for the order to return oysters to a public
reef.
      SECTION 7.  Section 77.027, Parks and Wildlife Code, is
repealed."