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.