76R10000 WP-D
By Christian H.B. No. 1828
Substitute the following for H.B. No. 1828:
By Alexander C.S.H.B. No. 1828
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement of certain poaching laws by a justice
1-3 court.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.1105(c), Parks and Wildlife Code, is
1-6 amended to read as follows:
1-7 (c) If no person is charged with an offense in connection
1-8 with the seizure of a seine, net, trawl, trap, or other device
1-9 under this section, and no person is found in possession of the
1-10 seine, net, trawl, trap, or device, the warden or other peace
1-11 officer shall give notice of the seizure to the county judge or a
1-12 judge of a county court at law or justice court of the county where
1-13 the seizure occurred. The notice must include a description of
1-14 the items seized and the location of the seizure. The court shall
1-15 then direct the sheriff or a constable to post a copy of the notice
1-16 in the county courthouse for not less than 10 days. At the
1-17 expiration of 10 days, the court shall hold a hearing to determine
1-18 if the seine, net, trawl, trap, or device was used or possessed in
1-19 violation of a provision of this code or of a lawful regulation of
1-20 the commission. Except as provided in Subsection (e) of this
1-21 section, if the use or possession was unlawful, the warden or other
1-22 peace officer shall destroy the seine, net, trawl, trap, or device.
1-23 SECTION 2. Section 12.1106(b), Parks and Wildlife Code, is
1-24 amended to read as follows:
2-1 (b) The warden or officer shall give notice of the seizure,
2-2 including a description of the seized property and the location and
2-3 date of seizure, to the county judge or a judge of a county court
2-4 at law, justice court, or district court of the county where the
2-5 seizure occurred:
2-6 (1) when a person pleads guilty or nolo contendere to,
2-7 is convicted of, or is placed on deferred adjudication for an
2-8 offense under Section 66.006, Section 66.2011, or Subchapter G,
2-9 Chapter 43, of this code; or
2-10 (2) if no person is arrested for an offense
2-11 immediately after the warden or officer seizes the property.
2-12 SECTION 3. Subchapter A, Chapter 62, Parks and Wildlife
2-13 Code, is amended by adding Section 62.017 to read as follows:
2-14 Sec. 62.017. DISPOSITION OF SEIZED PROPERTY. (a) A court
2-15 convicting a person of violating Section 62.003, 62.004, or 62.005
2-16 may order any weapon or other personal property used in the
2-17 commission of the offense destroyed or forfeited to the department.
2-18 (b) If the department receives a forfeiture order from a
2-19 court as authorized by this section, the department may:
2-20 (1) use the property in its normal operation;
2-21 (2) sell or transfer the property; or
2-22 (3) destroy the property.
2-23 (c) This section does not apply to a vehicle, aircraft, or
2-24 vessel.
2-25 (d) If the disposition of property under this section is by
2-26 sale of the property, the sale proceeds shall be deposited in the
2-27 game, fish, and water safety account.
3-1 SECTION 4. This Act takes effect September 1, 1999.
3-2 SECTION 5. (a) The change in law made by Section 62.017,
3-3 Parks and Wildlife Code, as added by this Act, applies only to an
3-4 offense committed on or after the effective date of this Act. For
3-5 purposes of this section, an offense is committed before the
3-6 effective date of this Act if any element of the offense occurs
3-7 before that date.
3-8 (b) An offense committed before the effective date of this
3-9 Act is covered by the law in effect when the offense was committed,
3-10 and the former law is continued in effect for that purpose.
3-11 SECTION 6. 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.