By Christian                                          H.B. No. 1828
         76R5855 WP-D                           
                                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 12.1106, Parks and Wildlife Code, is
 1-6     amended by amending Subsections (b) and (d) and adding Subsection
 1-7     (e) to read as follows:
 1-8           (b)  The warden or officer shall give notice of the seizure,
 1-9     including a description of the seized property and the location and
1-10     date of seizure, to the justice court, a county judge, or a judge
1-11     of a county court at law or district court of the county where the
1-12     seizure occurred:
1-13                 (1)  when a person pleads guilty or nolo contendere to,
1-14     is convicted of, or is placed on deferred adjudication for an
1-15     offense under Section 66.006, Section 66.2011, or Subchapter G,
1-16     Chapter 43, of this code; or
1-17                 (2)  if no person is arrested for an offense
1-18     immediately after the warden or officer seizes the property.
1-19           (d)  The court shall order the seized property:
1-20                 (1)  forfeited to the department if the court
1-21     determines by a preponderance of the evidence that:
1-22                       (A)  the seized property is contraband and a
1-23     person pleaded guilty or nolo contendere to, was convicted of, or
1-24     was placed on deferred adjudication for an offense under Section
 2-1     66.006, Section 66.2011, or Subchapter G, Chapter 43, of this code;
 2-2     or
 2-3                       (B)  the seized property is contraband and no
 2-4     person was arrested for an offense immediately after the warden or
 2-5     officer seized the property;  [or]
 2-6                 (2)  released to the owner if:
 2-7                       (A)  the person charged with an offense under
 2-8     Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of
 2-9     this code is acquitted or the charge is dismissed; or
2-10                       (B)  the court determines that the seized
2-11     property is not contraband; or
2-12                 (3)  disposed of in a manner prescribed by the court on
2-13     a motion filed by the warden or officer if:
2-14                       (A)  the property remains unclaimed for a period
2-15     of 30 days;
2-16                       (B)  no case is filed or anticipated to be filed;
2-17                       (C)  the identity of the property owner is
2-18     unknown after the warden or officer has exercised due diligence to
2-19     identify the property owner; and
2-20                       (D)  the warden or officer has provided notice in
2-21     the same manner as required for the disposition of property under
2-22     Subsections (c) and (d), Article 18.17, Code of Criminal Procedure.
2-23           (e)  If the disposition of property under Subsection (d)(3)
2-24     is by sale of the property, the sale proceeds, after deduction of
2-25     the reasonable expense of keeping the property and costs of the
2-26     sale, shall be deposited in the game, fish, and water safety
2-27     account.
 3-1           SECTION 2.  The importance of this legislation and the
 3-2     crowded condition of the calendars in both houses create an
 3-3     emergency and an imperative public necessity that the
 3-4     constitutional rule requiring bills to be read on three several
 3-5     days in each house be suspended, and this rule is hereby suspended,
 3-6     and that this Act take effect and be in force from and after its
 3-7     passage, and it is so enacted.