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.