SRC-JXG H.B. 1828 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1828
76R10000 WP-DBy: Christian (Armbrister)
Criminal Justice
5/7/1999
Engrossed


DIGEST 

Currently, game wardens turn to justice of the peace courts for the
adjudication of offenses punishable by a fine, but seizures of property
believed to have been used in poaching must be handled in county courts.
County courts often have crowded dockets, so cases can be left pending for
two or three years, or dropped before any action is taken.  H.B. 1828 would
authorize the justice courts to grant to the Texas Parks and Wildlife
Department disposition of seized property believed to be used in the
commission of a crime regarding poaching or the illegal taking of wildlife. 

PURPOSE

As proposed, H.B. 1828 set forth provisions regarding enforcement of
certain poaching laws by a justice court, and disposition of seized
property. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 12.1105(c), Parks and Wildlife Code, to require
the warden or other peace officer to give notice of the seizure to the
county judge or a judge of a county court at law or justice court of the
county where the seizure occurred, if no person is charged with an offense
in connection with the seizure of a seine, net, trawl, trap, or device.  

SECTION 2. Amends Section 12.1106(b), Parks and Wildlife Code, to make a
conforming change. 

SECTION 3. Amends Chapter 62A, Parks and Wildlife Code, by adding Section
62.017, as follows: 

Sec. 62.017.  DISPOSITION OF SEIZED PROPERTY. Authorizes a court convicting
a person of violating Sections 62.003, 62.004, or 62.005 to order any
weapon or other personal property used in the commission of the offense
destroyed or forfeited to Texas Parks and Wildlife Department (TPWD).
Authorizes TPWD to use the property in its normal operation, sell or
transfer the property, or destroy the property, if TPWD receives a
forfeiture order from a court as authorized by this section.  Provides that
this section does not apply to a vehicle, aircraft, or vessel.  Requires
the sale proceeds to be deposited in the game, fish, and water safety
account, if the disposition of property under this section is by sale of
the property.  

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Makes application of this Act prospective.

SECTION 6. Emergency clause.