1-1     By:  Christian (Senate Sponsor - Armbrister)          H.B. No. 1828
 1-2           (In the Senate - Received from the House April 26, 1999;
 1-3     April 27, 1999, read first time and referred to Committee on
 1-4     Criminal Justice; May 11, 1999, reported favorably by the following
 1-5     vote:  Yeas 7, Nays 0; May 11, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the enforcement of certain poaching laws by a justice
 1-9     court.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 12.1105(c), Parks and Wildlife Code, is
1-12     amended to read as follows:
1-13           (c)  If no person is charged with an offense in connection
1-14     with the seizure of a seine, net, trawl, trap, or other device
1-15     under this section, and no person is found in possession of the
1-16     seine, net, trawl, trap, or device, the warden or other peace
1-17     officer shall give notice of the seizure to the county judge or a
1-18     judge of a county court at law or justice court of the county where
1-19     the seizure occurred.  The notice must include a  description of
1-20     the items seized and the location of the seizure.  The court shall
1-21     then direct the sheriff or a constable to post a copy of the notice
1-22     in the county courthouse for not less than 10 days.  At the
1-23     expiration of 10 days, the court shall hold a hearing to determine
1-24     if the seine, net, trawl, trap, or device was used or possessed in
1-25     violation of a provision of this code or of a lawful regulation of
1-26     the commission.  Except as provided in Subsection (e) of this
1-27     section, if the use or possession was unlawful, the warden or other
1-28     peace officer shall destroy the seine, net, trawl, trap, or device.
1-29           SECTION 2.  Section 12.1106(b), Parks and Wildlife Code, is
1-30     amended to read as follows:
1-31           (b)  The warden or officer shall give notice of the seizure,
1-32     including a description of the seized property and the location and
1-33     date of seizure, to the county judge or a judge of a county court
1-34     at law, justice court, or district court of the county where the
1-35     seizure occurred:
1-36                 (1)  when a person pleads guilty or nolo contendere to,
1-37     is convicted of, or is placed on deferred adjudication for an
1-38     offense under Section 66.006, Section 66.2011, or Subchapter G,
1-39     Chapter 43, of this code; or
1-40                 (2)  if no person is arrested for an offense
1-41     immediately after the warden or officer seizes the property.
1-42           SECTION 3.  Subchapter A, Chapter 62, Parks and Wildlife
1-43     Code, is amended by adding Section 62.017 to read as follows:
1-44           Sec. 62.017.  DISPOSITION OF SEIZED PROPERTY.  (a)  A court
1-45     convicting a person of violating Section 62.003, 62.004, or 62.005
1-46     may order any weapon or other personal property used in the
1-47     commission of the offense destroyed or forfeited to the department.
1-48           (b)  If the department receives a forfeiture order from a
1-49     court as authorized by this section, the department may:
1-50                 (1)  use the property in its normal operation;
1-51                 (2)  sell or transfer the property; or
1-52                 (3)  destroy the property.
1-53           (c)  This section does not apply to a vehicle, aircraft, or
1-54     vessel.
1-55           (d)  If the disposition of property under this section is by
1-56     sale of the property, the sale proceeds shall be deposited in the
1-57     game, fish, and water safety account.
1-58           SECTION 4.  This Act takes effect September 1, 1999.
1-59           SECTION 5.  (a)  The change in law made by Section 62.017,
1-60     Parks and Wildlife Code, as added by this Act, applies only to an
1-61     offense committed on or after the effective date of this Act.  For
1-62     purposes of this section, an offense is committed before the
1-63     effective date of this Act if any element of the offense occurs
1-64     before that date.
 2-1           (b)  An offense committed before the effective date of this
 2-2     Act is covered by the law in effect when the offense was committed,
 2-3     and the former law is continued in effect for that purpose.
 2-4           SECTION 6.  The importance of this legislation and the
 2-5     crowded condition of the calendars in both houses create an
 2-6     emergency and an imperative public necessity that the
 2-7     constitutional rule requiring bills to be read on three several
 2-8     days in each house be suspended, and this rule is hereby suspended.
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