1-1 AN ACT
1-2 relating to the penalties for poaching.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 12.101(2), Parks and Wildlife Code, is
1-5 amended to read as follows:
1-6 (2) "Contraband" means:
1-7 (A) an aircraft, vehicle, firearm, or other
1-8 device used to commit a violation of Subchapter G, Chapter 43, of
1-9 this code or a regulation of the commission adopted under that
1-10 subchapter;
1-11 (B) a vessel that is not documented by the
1-12 United States Coast Guard or registered as provided by Chapter 31
1-13 and that is used to commit an offense under Section 66.006 of this
1-14 code; [or]
1-15 (C) equipment, including a vessel, seized as
1-16 provided by Section 66.2011 [66.2011(d)] of this code; or
1-17 (D) any aircraft or vessel used to commit a
1-18 second or subsequent offense under Section 61.022, 62.003, 62.004,
1-19 or 62.005.
1-20 SECTION 2. Sections 12.1106(b) and (d), Parks and Wildlife
1-21 Code, are amended to read as follows:
1-22 (b) The warden or officer shall give notice of the seizure,
1-23 including a description of the seized property and the location and
1-24 date of seizure, to the county judge or a judge of a county court
2-1 at law or district court of the county where the seizure occurred:
2-2 (1) when a person pleads guilty or nolo contendere to,
2-3 is convicted of, or is placed on deferred adjudication for:
2-4 (A) an offense under Section 66.006, Section
2-5 66.2011, or Subchapter G, Chapter 43, of this code; or
2-6 (B) a second or subsequent offense under Section
2-7 61.022, 62.003, 62.004, or 62.005 of this code; or
2-8 (2) if no person is arrested for an offense
2-9 immediately after the warden or officer seizes the property.
2-10 (d) The court shall order the seized property:
2-11 (1) forfeited to the department if the court
2-12 determines by a preponderance of the evidence that:
2-13 (A) the seized property is contraband and a
2-14 person pleaded guilty or nolo contendere to, was convicted of, or
2-15 was placed on deferred adjudication for:
2-16 (i) an offense under Section 66.006,
2-17 Section 66.2011, or Subchapter G, Chapter 43, of this code; or
2-18 (ii) a second or subsequent offense under
2-19 Section 61.022, 62.003, 62.004, or 62.005 of this code; or
2-20 (B) the seized property is contraband and no
2-21 person was arrested for an offense immediately after the warden or
2-22 officer seized the property; or
2-23 (2) released to the owner if:
2-24 (A) the person charged with an offense under
2-25 Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of
2-26 this code or a second or subsequent offense under Section 61.022,
2-27 62.003, 62.004, or 62.005 of this code is acquitted or the charge
3-1 is dismissed; or
3-2 (B) the court determines that the seized
3-3 property is not contraband.
3-4 SECTION 3. Subchapter E, Chapter 12, Parks and Wildlife
3-5 Code, is amended by adding Section 12.4061 to read as follows:
3-6 Sec. 12.4061. PARKS AND WILDLIFE CODE STATE JAIL FELONY.
3-7 (a) An individual adjudged guilty of a Parks and Wildlife Code
3-8 state jail felony shall be punished by confinement in a state jail
3-9 for a term of not more than two years or less than 180 days.
3-10 (b) In addition to confinement, an individual adjudged
3-11 guilty of a Parks and Wildlife Code state jail felony may be
3-12 punished by a fine of not less than $1,500 and not more than
3-13 $10,000.
3-14 SECTION 4. Section 12.5015, Parks and Wildlife Code, is
3-15 amended by amending Subsections (a), (b), and (c) and adding
3-16 Subsection (e) to read as follows:
3-17 (a) Except as provided by this section, any hunting or
3-18 fishing license or permit issued by the department to a person is
3-19 automatically revoked on final conviction of the person of an
3-20 offense under Section 61.022, 62.003, 62.004, 62.005, 62.011(c),
3-21 66.004(a), or 66.004(c).
3-22 (b) If the holder of a lifetime license is finally convicted
3-23 of an offense under Section 61.022, 62.003, 62.004, 62.005,
3-24 62.011(c), 66.004(a), or 66.004(c), the person's lifetime license
3-25 is automatically suspended. The suspension is for a period set by
3-26 the court of not less than one year or more than five years. If
3-27 the court does not set a period, the suspension is for one year
4-1 from the date the conviction becomes final.
4-2 (c) On conviction of a person for an offense under Section
4-3 61.022, 62.003, 62.004, 62.005, 62.011(c), 66.004(a), or 66.004(c),
4-4 the court shall set a period of not less than one year and not more
4-5 than five years during which the department may not issue that
4-6 person a license, tag, or stamp under Chapter 42, 46, or 50. If
4-7 the court does not set a period, the department may not issue that
4-8 person a license, tag, or stamp under Chapter 42, 46, or 50 before
4-9 the first anniversary of the date the conviction becomes final.
4-10 (e) For purposes of this section, "final conviction"
4-11 includes a plea of guilty or nolo contendere to or the imposition
4-12 of deferred adjudication for an offense.
4-13 SECTION 5. Section 12.504(a), Parks and Wildlife Code, is
4-14 amended to read as follows:
4-15 (a) A license or permit may be suspended under this
4-16 subchapter for a period set by the director. The period of
4-17 suspension ends on the expiration of the time set by the director
4-18 or the expiration of the license or permit, whichever occurs first
4-19 [not more than 60 days after the date on which the suspension takes
4-20 effect].
4-21 SECTION 6. Sections 61.022(b), (c), and (d), Parks and
4-22 Wildlife Code, are amended to read as follows:
4-23 (b) Except as provided by Subsection (c), a [A] person who
4-24 violates Subsection (a) the first time commits an offense that is a
4-25 Class A [B] Parks and Wildlife Code misdemeanor and is punishable
4-26 in addition by the revocation or suspension under Section 12.5015
4-27 of hunting and fishing licenses and permits.
5-1 (c) A person who violates Subsection (a) the first time by
5-2 killing a desert bighorn sheep, pronghorn antelope, mule deer, or
5-3 white-tailed deer commits an offense that is a Parks and Wildlife
5-4 Code state jail felony and is punishable in addition by the
5-5 revocation or suspension under Section 12.5015 of hunting and
5-6 fishing licenses and permits.
5-7 (d) A second violation of Subsection (a) shall be classified
5-8 as one category higher than the first violation or a Parks and
5-9 Wildlife Code felony, whichever is lesser, [is a Class A Parks and
5-10 Wildlife Code misdemeanor] and is punishable in addition by the
5-11 revocation or suspension under Section 12.5015 of hunting and
5-12 fishing licenses and permits.
5-13 (e) [(d)] A third or subsequent violation of Subsection (a)
5-14 shall be classified as a Parks and Wildlife Code felony [is a state
5-15 jail felony under Section 12.35, Penal Code,] and is punishable in
5-16 addition by the revocation or suspension under Section 12.5015 of
5-17 hunting and fishing licenses and permits.
5-18 SECTION 7. Section 62.011, Parks and Wildlife Code, is
5-19 amended to read as follows:
5-20 Sec. 62.011. RETRIEVAL AND WASTE OF GAME. (a) Except as
5-21 provided by Subsection (c), it [It] is an offense if a person while
5-22 [lawfully] hunting kills or wounds a game bird or game animal and
5-23 intentionally or knowingly fails to make a reasonable effort to
5-24 retrieve the animal or bird and include it in the person's daily or
5-25 seasonal bag limit.
5-26 (b) Except as provided by Subsection (c), it [It] is an
5-27 offense if a person intentionally takes a game bird, game animal,
6-1 or a fish and intentionally, knowingly, or recklessly, or with
6-2 criminal negligence, fails to keep the edible portions of the bird,
6-3 animal, or fish in an edible condition.
6-4 (c) It is an offense if a person while hunting kills or
6-5 wounds a desert bighorn sheep, pronghorn antelope, mule deer, or
6-6 white-tailed deer and intentionally or knowingly fails to make a
6-7 reasonable effort to retrieve the animal or intentionally,
6-8 knowingly, or recklessly or with criminal negligence fails to keep
6-9 the edible parts of the animal in an edible condition.
6-10 SECTION 8. Sections 62.013(b) and (c), Parks and Wildlife
6-11 Code, are amended to read as follows:
6-12 (b) A person who violates Section 62.003, 62.004, 62.005, or
6-13 62.011(c) of this code commits an offense that is a Class A [B]
6-14 Parks and Wildlife Code misdemeanor, unless it is shown at the
6-15 trial of the defendant for a violation of that section that the
6-16 defendant has been convicted one or more times before the trial
6-17 date of a violation of that section, in which case the offense is a
6-18 [Class A] Parks and Wildlife Code state jail felony [misdemeanor].
6-19 (c) In addition to the punishments provided in Subsections
6-20 (a) and (b), a person who violates Section 62.003, 62.004, 62.005,
6-21 or 62.011(c) of this code is punishable by the revocation or
6-22 suspension under Section 12.5015 of hunting and fishing licenses
6-23 and permits [If it is shown at the trial of the defendant for a
6-24 violation of Section 62.003 or 62.004 of this code that he has been
6-25 convicted within five years before the trial date of a violation of
6-26 the section for which he is being prosecuted, on conviction he
6-27 shall be punished for a Class B Parks and Wildlife Code
7-1 misdemeanor].
7-2 SECTION 9. Subchapter A, Chapter 62, Parks and Wildlife
7-3 Code, is amended by adding Section 62.017 to read as follows:
7-4 Sec. 62.017. DISPOSITION OF SEIZED PROPERTY. (a) If a
7-5 person is finally convicted of an offense under Section 62.003,
7-6 62.004, 62.005, or 62.011(c), the court entering judgment of
7-7 conviction may order any weapon or other personal property used in
7-8 the commission of the offense destroyed or forfeited to the
7-9 department.
7-10 (b) If the department receives a forfeiture order from a
7-11 court as authorized by this section, the department may:
7-12 (1) use the property in its normal operation;
7-13 (2) sell or transfer the property; or
7-14 (3) destroy the property.
7-15 (c) This section does not apply to a vehicle, aircraft, or
7-16 vessel.
7-17 (d) If the disposition of property under this section is by
7-18 sale of the property, the sale proceeds shall be deposited in the
7-19 game, fish, and water safety account.
7-20 SECTION 10. This Act takes effect September 1, 1999.
7-21 SECTION 11. (a) The change in law made by this Act applies
7-22 only to an offense committed on or after September 1, 1999. For
7-23 purposes of this section an offense is committed before September
7-24 1, 1999, if any element of the offense occurs before that date.
7-25 (b) An offense committed before the effective date of this
7-26 Act is covered by the law in effect when the offense was committed,
7-27 and the former law is continued in effect for that purpose.
8-1 SECTION 12. The importance of this legislation and the
8-2 crowded condition of the calendars in both houses create an
8-3 emergency and an imperative public necessity that the
8-4 constitutional rule requiring bills to be read on three several
8-5 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2526 was passed by the House on May
4, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2526 on May 26, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2526 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor