HBA-KMH, NIK C.S.H.B. 2526 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2526 By: Cuellar State Recreational Resources 4/5/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE As of September 1, 1997, certain violations of the Parks and Wildlife Code were upgraded from Class C misdemeanor offenses to Class B and Class A misdemeanor offenses. Although these new classifications have subjected poachers to possible jail time in addition to fines, poaching continues. Because poaching can be a lucrative business and the benefits seems to outweigh the risks, poachers risk probation and fines to engage in illegal hunting activities. C.S.H.B. 2526 enhances the violations for these penalties by upgrading certain violations and making specified offenses state jail felonies, to deter further violations. This bill also expands the definition of contraband for the purposes of forfeiture and seizure, provides for a Parks and Wildlife Code state jail felony category, and enhances suspension, revocation, and denial of hunting and fishing licenses and permits for violations of the Parks and Wildlife Code. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 12.101(2), Parks and Wildlife Code, to modify and expand the definition of "contraband" for the purposes of this section to include equipment seized as provided by Section 66.2011 (Red Drum and Speckled Sea Trout: Penalties), Parks and Wildlife Code, rather than 66.2011(d), Parks and Wildlife Code, and any aircraft, motor vehicle, or vessel used to commit a second or subsequent offense under Section 61.022 (Taking Wildlife Resources Without Consent of Landowner Prohibited), 62.003 (Hunting From Vehicles), 62.004 (Hunting at Night), or 62.005 (Hunting With Light). SECTION 2. Amends Subchapter E, Chapter 12, Parks and Wildlife Code, by adding Section 12.4061, as follows: Sec. 12.4061. PARKS AND WILDLIFE CODE STATE JAIL FELONY. Requires a person adjudged guilty of a Parks and Wildlife Code state jail felony to be punished by confinement in a state jail for a term of not more than two years or less than 180 days. Authorizes a fine of between $1,500 and $10,000 in addition to confinement. SECTION 3. Amends Section 12.5015, Parks and Wildlife Code, to include a final conviction under Section 62.003 (Taking of Fish by Electric Shock Prohibited; Execption), 62.004, or 62.005 , 62.011(c) (Retrieval and waste of Game), 66.004(a), or 66.004(c) among the offenses for which this section provides for automatic suspension, revocation, or denial of a license or permit. Defines "final conviction" for the purposes of this section. SECTION 4. Amends Section 12.504(a), Parks and Wildlife Code, to grant discretion to the executive director (director) of the Parks and Wildlife Department (department) in setting the length of time that a license or permit may be suspended, rather than a maximum of 60 days after the date on which the suspension takes effect. Provides that the suspension ends on the expiration of the time set by the director or the expiration of the license or permit, whichever occurs first. SECTION 5. Amends Sections 61.022(b), (c), and (d), and adds Subsection (e), Parks and Wildlife Code, as follows: (b) Subjects this subsection to the provisions set forth in Subsection (c). Raises the penalty of a violation of this subsection to a Class A Parks and Wildlife Code misdemeanor, rather than a Class B Parks and Wildlife Code misdemeanor. (c) Provides that a first time violation of Subsection (a) by killing a desert bighorn sheep, pronghorn antelope, mule deer, or white-tailed deer is a Parks and Wildlife Code state jail felony and is punishable in addition by the revocation or suspension under Section 12.5015 (Automatic Revocation of Hunting or Fishing License or Permit) of hunting and fishing licenses and permits. (d) Requires a second violation of Subsection (a) to be classified as one category higher than the first violation or a Parks and Wildlife Code felony, whichever is lesser, rather than a Class A Parks and Wildlife Code misdemeanor, as well as mandatory revocation of hunting and fishing licenses and permits. (e) Changes the penalty of a third or subsequent violation of Subsection (a) to a Parks and Wildlife Code felony, rather than a state jail felony. Redesignates existing Subsection (d) to (e). SECTION 6. Amends Section 62.011, Parks and Wildlife Code, as follows: (a) Subjects Subsection (a) to the provisions of Subsection (c). (b) Subjects Subsection (b) to the provisions of Subsection (c). (c) Makes it an offense if a person while hunting kills or wounds a desert bighorn sheep, pronghorn antelope, mule deer, or white-tailed deer and intentionally or knowingly fails to make a reasonable effort to retrieve the animal or intentionally, knowingly, or recklessly or with criminal negligence fails to keep the edible parts of the animal in an edible condition. SECTION 7. Amends Sections 62.013(b) and (c), Parks and Wildlife Code, as follows: (b) Raises the penalty for a violation of Sections 62.003, 62.004, 62.005, or 62.011(c), as provided by this section to a Class A, rather than Class B, Parks and Wildlife Code misdemeanor. Raises the penalty for a defendant who has been previously convicted to a Parks and Wildlife Code state jail felony from a Class A misdemeanor. (c) Provides for the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits in addition to other punishments provided by this section for a violation of 62.003, 62.004, 62.005, or 62.011(c) of this code. Deletes existing requirement of proof of previous conviction of similar offenses during prescribed time. SECTION 8. Amends Subchapter A, Chapter 62, Parks and Wildlife Code, by adding Section 62.017, as follows: Sec. 62.017. DISPOSITION OF SEIZED PROPERTY. (a) Authorizes a court to order any weapon or other personal property used in the commission of the offense destroyed or forfeited to the department if a person is finally convicted of an offense under Section 62.003, 62.004, 62.005, or 62.011(c), Parks and Wildlife Code. (b) Authorizes the department, upon receiving a forfeiture order under this section to use the property in its normal operation, sell or transfer the property, or destroy the property. (c) Provides that this section does not apply to a vehicle, aircraft, or vessel. (d) Requires the proceeds of a sale of property received by the department under this section to be deposited in the game, fish, and water safety account. SECTION 9. Effective date: September 1, 1999. SECTION 10. Makes application of this Act prospective. SECTION 11. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2526 modifies the original by including new SECTIONS 1 - 4, 6, and 8. The substitute redesignates SECTIONS 1, 2, 3, 4, and 5 of the original as SECTIONS 5, 7, 9, 10, and 11 respectively. C.S.H.B. 2526 modifies SECTION 1 of the original in SECTION 5 of the substitute by: _subjecting existing Section 61.022(b), Parks and Wildlife Code, to the provisions of Subsection (c); _creating new language in existing Subsection (c) to provide that a first time violation of Subsection (a) by killing a desert bighorn sheep, pronghorn antelope, mule deer, or white-tailed deer is a Parks and Wildlife Code state jail felony and is punishable in addition by the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits; _adding Subsection (d) from existing language and requiring a second violation of Subsection (a) to be classified as one category higher than the first violation or a Parks and Wildlife Code felony, whichever is lesser, rather than a Class A Parks and Wildlife Code misdemeanor, as well as mandatory revocation of hunting and fishing licenses and permits; and _adding Subsection (e) from existing language and changing the penalty of a third or subsequent violation of Subsection (a) to a Parks and Wildlife Code felony, rather than a state jail felony. C.S.H.B. 2526 modifies SECTION 2 of the original in SECTION 7 of the substitute by: _amending existing Subsections (b) and (c), rather than adding a new Subsection (b) and redesignating existing Subsections (b) and (c) to Subsections (c) and (d) of the original; _removing proposed text of Subsection (b) from the original relating to penalties for violation of Section 62.004, 62.101, or 62.011; _raising the penalty, in existing Subsection (b), for a violation of Section 62.003, 62.004, 62.005, or 62.011(c), as provided by this section, to a Parks and Wildlife Code state jail felony from a Class A Parks and Wildlife Code misdemeanor, rather than raising the penalty for a violation of Section 62.005 to a state jail felony under Section 12.35 (State Jail Felony Punishment), Penal Code; _providing, in existing Subsection (c), for the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits in addition to other punishments provided by this section for a violation of Section 62.003, 62.004, 62.005, or 62.011(c) of this code; and _deleting, in existing Subsection (c), the requirement of proof of previous conviction of similar offenses during prescribed time, rather than limiting the proof to a violation of Section 62.003, rather than Section 62.003 and 62.004, as provided by the original.