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.