By Cuellar H.B. No. 2526
76R8942 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for poaching.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 61.022(b), (c), and (d), Parks and
1-5 Wildlife Code, are amended to read as follows:
1-6 (b) A person who violates Subsection (a) the first time
1-7 commits an offense that is a Class A [B] Parks and Wildlife Code
1-8 misdemeanor and is punishable in addition by the revocation or
1-9 suspension under Section 12.5015 of hunting and fishing licenses
1-10 and permits.
1-11 (c) A [second violation of Subsection (a) is a Class A Parks
1-12 and Wildlife Code misdemeanor and is punishable in addition by the
1-13 revocation or suspension under Section 12.5015 of hunting and
1-14 fishing licenses and permits.]
1-15 [(d) A third or] subsequent violation of Subsection (a) is
1-16 a state jail felony under Section 12.35, Penal Code, and is
1-17 punishable in addition by the revocation or suspension under
1-18 Section 12.5015 of hunting and fishing licenses and permits.
1-19 SECTION 2. Section 62.013, Parks and Wildlife Code, is
1-20 amended by adding a new Subsection (b) and redesignating and
1-21 amending existing Subsections (b) and (c) as Subsections (c) and
1-22 (d) to read as follows:
1-23 (b) A person who violates Section 62.004, 62.010, or 62.011
1-24 commits an offense that is a Class B Parks and Wildlife Code
2-1 misdemeanor, unless it is shown at the trial that the defendant has
2-2 been convicted one or more times before the trial date of a
2-3 violation of the same section, in which case the offense is a Class
2-4 A Parks and Wildlife Code misdemeanor.
2-5 (c) A person who violates Section 62.005 of this code
2-6 commits an offense that is a Class A [B] Parks and Wildlife Code
2-7 misdemeanor, unless it is shown at the trial of the defendant for
2-8 a violation of that section that the defendant has been convicted
2-9 one or more times before the trial date of a violation of that
2-10 section, in which case the offense is a state jail felony under
2-11 Section 12.35, Penal Code [Class A Parks and Wildlife Code
2-12 misdemeanor].
2-13 (d) [(c)] If it is shown at the trial of the defendant for a
2-14 violation of Section 62.003 [or 62.004] of this code that he has
2-15 been convicted within five years before the trial date of a
2-16 violation of the section for which he is being prosecuted, on
2-17 conviction he shall be punished for a Class B Parks and Wildlife
2-18 Code misdemeanor.
2-19 SECTION 3. This Act takes effect September 1, 1999.
2-20 SECTION 4. (a) The change in law made by this Act applies
2-21 only to an offense committed on or after September 1, 1999. For
2-22 purposes of this section an offense is committed before September
2-23 1, 1999, if any element of the offense occurs before that date.
2-24 (b) An offense committed before the effective date of this
2-25 Act is covered by the law in effect when the offense was committed,
2-26 and the former law is continued in effect for that purpose.
2-27 SECTION 5. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.