76R10827 MI-F
By Cuellar, King of Uvalde H.B. No. 2526
Substitute the following for H.B. No. 2526:
By Ellis C.S.H.B. No. 2526
A BILL TO BE ENTITLED
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, motor vehicle, or vessel used
1-18 to commit a second or subsequent offense under Section 61.022,
1-19 62.003, 62.004, or 62.005.
1-20 SECTION 2. Subchapter E, Chapter 12, Parks and Wildlife
1-21 Code, is amended by adding Section 12.4061 to read as follows:
1-22 Sec. 12.4061. PARKS AND WILDLIFE CODE STATE JAIL FELONY.
1-23 (a) An individual adjudged guilty of a Parks and Wildlife Code
1-24 state jail felony shall be punished by confinement in a state jail
2-1 for a term of not more than two years or less than 180 days.
2-2 (b) In addition to confinement, an individual adjudged
2-3 guilty of a Parks and Wildlife Code state jail felony may be
2-4 punished by a fine of not less than $1,500 and not more than
2-5 $10,000.
2-6 SECTION 3. Section 12.5015, Parks and Wildlife Code, is
2-7 amended by amending Subsections (a), (b), and (c) and adding
2-8 Subsection (e) to read as follows:
2-9 (a) Except as provided by this section, any hunting or
2-10 fishing license or permit issued by the department to a person is
2-11 automatically revoked on final conviction of the person of an
2-12 offense under Section 61.022, 62.003, 62.004, 62.005, 62.011(c),
2-13 66.004(a), or 66.004(c).
2-14 (b) If the holder of a lifetime license is finally convicted
2-15 of an offense under Section 61.022, 62.003, 62.004, 62.005,
2-16 62.011(c), 66.004(a), or 66.004(c), the person's lifetime license
2-17 is automatically suspended. The suspension is for a period set by
2-18 the court of not less than one year or more than five years. If
2-19 the court does not set a period, the suspension is for one year
2-20 from the date the conviction becomes final.
2-21 (c) On conviction of a person for an offense under Section
2-22 61.022, 62.003, 62.004, 62.005, 62.011(c), 66.004(a), or 66.004(c),
2-23 the court shall set a period of not less than one year and not more
2-24 than five years during which the department may not issue that
2-25 person a license, tag, or stamp under Chapter 42, 46, or 50. If
2-26 the court does not set a period, the department may not issue that
2-27 person a license, tag, or stamp under Chapter 42, 46, or 50 before
3-1 the first anniversary of the date the conviction becomes final.
3-2 (e) For purposes of this section, "final conviction"
3-3 includes a plea of guilty or nolo contendere to or the imposition
3-4 of deferred adjudication for an offense.
3-5 SECTION 4. Section 12.504(a), Parks and Wildlife Code, is
3-6 amended to read as follows:
3-7 (a) A license or permit may be suspended under this
3-8 subchapter for a period set by the director. The period of
3-9 suspension ends on the expiration of the time set by the director
3-10 or the expiration of the license or permit, whichever occurs first
3-11 [not more than 60 days after the date on which the suspension takes
3-12 effect].
3-13 SECTION 5. Sections 61.022(b), (c), and (d), Parks and
3-14 Wildlife Code, are amended to read as follows:
3-15 (b) Except as provided by Subsection (c), a [A] person who
3-16 violates Subsection (a) the first time commits an offense that is a
3-17 Class A [B] Parks and Wildlife Code misdemeanor and is punishable
3-18 in addition by the revocation or suspension under Section 12.5015
3-19 of hunting and fishing licenses and permits.
3-20 (c) A person who violates Subsection (a) the first time by
3-21 killing a desert bighorn sheep, pronghorn antelope, mule deer, or
3-22 white-tailed deer commits an offense that is a Parks and Wildlife
3-23 Code state jail felony and is punishable in addition by the
3-24 revocation or suspension under Section 12.5015 of hunting and
3-25 fishing licenses and permits.
3-26 (d) A second violation of Subsection (a) shall be classified
3-27 as one category higher than the first violation or a Parks and
4-1 Wildlife Code felony, whichever is lesser, [is a Class A Parks and
4-2 Wildlife Code misdemeanor] and is punishable in addition by the
4-3 revocation or suspension under Section 12.5015 of hunting and
4-4 fishing licenses and permits.
4-5 (e) [(d)] A third or subsequent violation of Subsection (a)
4-6 shall be classified as a Parks and Wildlife Code felony [is a state
4-7 jail felony under Section 12.35, Penal Code,] and is punishable in
4-8 addition by the revocation or suspension under Section 12.5015 of
4-9 hunting and fishing licenses and permits.
4-10 SECTION 6. Section 62.011, Parks and Wildlife Code, is
4-11 amended to read as follows:
4-12 Sec. 62.011. RETRIEVAL AND WASTE OF GAME. (a) Except as
4-13 provided by Subsection (c), it [It] is an offense if a person while
4-14 [lawfully] hunting kills or wounds a game bird or game animal and
4-15 intentionally or knowingly fails to make a reasonable effort to
4-16 retrieve the animal or bird and include it in the person's daily or
4-17 seasonal bag limit.
4-18 (b) Except as provided by Subsection (c), it [It] is an
4-19 offense if a person intentionally takes a game bird, game animal,
4-20 or a fish and intentionally, knowingly, or recklessly, or with
4-21 criminal negligence, fails to keep the edible portions of the bird,
4-22 animal, or fish in an edible condition.
4-23 (c) It is an offense if a person while hunting kills or
4-24 wounds a desert bighorn sheep, pronghorn antelope, mule deer, or
4-25 white-tailed deer and intentionally or knowingly fails to make a
4-26 reasonable effort to retrieve the animal or intentionally,
4-27 knowingly, or recklessly or with criminal negligence fails to keep
5-1 the edible parts of the animal in an edible condition.
5-2 SECTION 7. Sections 62.013(b) and (c), Parks and Wildlife
5-3 Code, are amended to read as follows:
5-4 (b) A person who violates Section 62.003, 62.004, 62.005, or
5-5 62.011(c) of this code commits an offense that is a Class A [B]
5-6 Parks and Wildlife Code misdemeanor, unless it is shown at the
5-7 trial of the defendant for a violation of that section that the
5-8 defendant has been convicted one or more times before the trial
5-9 date of a violation of that section, in which case the offense is a
5-10 [Class A] Parks and Wildlife Code state jail felony [misdemeanor].
5-11 (c) In addition to the punishments provided in Subsections
5-12 (a) and (b), a person who violates Section 62.003, 62.004, 62.005,
5-13 or 62.011(c) of this code is punishable by the revocation or
5-14 suspension under Section 12.5015 of hunting and fishing licenses
5-15 and permits [If it is shown at the trial of the defendant for a
5-16 violation of Section 62.003 or 62.004 of this code that he has been
5-17 convicted within five years before the trial date of a violation of
5-18 the section for which he is being prosecuted, on conviction he
5-19 shall be punished for a Class B Parks and Wildlife Code
5-20 misdemeanor].
5-21 SECTION 8. Subchapter A, Chapter 62, Parks and Wildlife
5-22 Code, is amended by adding Section 62.017 to read as follows:
5-23 Sec. 62.017. DISPOSITION OF SEIZED PROPERTY. (a) If a
5-24 person is finally convicted of an offense under Section 62.003,
5-25 62.004, 62.005, or 62.011(c), the court entering judgment of
5-26 conviction may order any weapon or other personal property used in
5-27 the commission of the offense destroyed or forfeited to the
6-1 department.
6-2 (b) If the department receives a forfeiture order from a
6-3 court as authorized by this section, the department may:
6-4 (1) use the property in its normal operation;
6-5 (2) sell or transfer the property; or
6-6 (3) destroy the property.
6-7 (c) This section does not apply to a vehicle, aircraft, or
6-8 vessel.
6-9 (d) If the disposition of property under this section is by
6-10 sale of the property, the sale proceeds shall be deposited in the
6-11 game, fish, and water safety account.
6-12 SECTION 9. This Act takes effect September 1, 1999.
6-13 SECTION 10. (a) The change in law made by this Act applies
6-14 only to an offense committed on or after September 1, 1999. For
6-15 purposes of this section an offense is committed before September
6-16 1, 1999, if any element of the offense occurs before that date.
6-17 (b) An offense committed before the effective date of this
6-18 Act is covered by the law in effect when the offense was committed,
6-19 and the former law is continued in effect for that purpose.
6-20 SECTION 11. The importance of this legislation and the
6-21 crowded condition of the calendars in both houses create an
6-22 emergency and an imperative public necessity that the
6-23 constitutional rule requiring bills to be read on three several
6-24 days in each house be suspended, and this rule is hereby suspended.