1-1     By:  Cuellar, King of Uvalde                          H.B. No. 2526
 1-2          (Senate Sponsor - Armbrister)
 1-3           (In the Senate - Received from the House May 5, 1999;
 1-4     May 6, 1999, read first time and referred to Committee on Natural
 1-5     Resources; May 13, 1999, reported favorably, as amended, by the
 1-6     following vote:  Yeas 5, Nays 0; May 13, 1999, sent to printer.)
 1-7     COMMITTEE AMENDMENT NO. 1                           By:  Armbrister
 1-8     Amend H.B. 2526, Engrossed Version, on page 3, line 62, by striking
 1-9     "general revenue fund" and substituting "game, fish, and water
1-10     safety account".
1-11     COMMITTEE AMENDMENT NO. 2                           By:  Armbrister
1-12     Amend H.B. 2526, Engrossed Version, on page 1, line 31, by striking
1-13     ", motor vehicle,".
1-14                            A BILL TO BE ENTITLED
1-15                                   AN ACT
1-16     relating to the penalties for poaching.
1-17           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-18           SECTION 1.  Section 12.101(2), Parks and Wildlife Code, is
1-19     amended to read as follows:
1-20                 (2)  "Contraband" means:
1-21                       (A)  an aircraft, vehicle, firearm, or other
1-22     device used to commit a violation of Subchapter G, Chapter 43, of
1-23     this code or a regulation of the commission adopted under that
1-24     subchapter;
1-25                       (B)  a vessel that is not documented by the
1-26     United States Coast Guard or registered as provided by Chapter 31
1-27     and that is used to commit an offense under Section 66.006 of this
1-28     code;  [or]
1-29                       (C)  equipment, including a vessel, seized as
1-30     provided by Section 66.2011 [66.2011(d)] of this code; or
1-31                       (D)  any aircraft, motor vehicle, or vessel used
1-32     to commit a second or subsequent offense under Section 61.022,
1-33     62.003, 62.004, or 62.005.
1-34           SECTION 2.  Sections 12.1106(b) and (d), Parks and Wildlife
1-35     Code, are amended to read as follows:
1-36           (b)  The warden or officer shall give notice of the seizure,
1-37     including a description of the seized property and the location and
1-38     date of seizure, to the county judge or a judge of a county court
1-39     at law or district court of the county where the seizure occurred:
1-40                 (1)  when a person pleads guilty or nolo contendere to,
1-41     is convicted of, or is placed on deferred adjudication for:
1-42                       (A)  an offense under Section 66.006, Section
1-43     66.2011, or Subchapter G, Chapter 43, of this code; or
1-44                       (B)  a second or subsequent offense under Section
1-45     61.022, 62.003, 62.004, or 62.005 of this code; or
1-46                 (2)  if no person is arrested for an offense
1-47     immediately after the warden or officer seizes the property.
1-48           (d)  The court shall order the seized property:
1-49                 (1)  forfeited to the department if the court
1-50     determines by a preponderance of the evidence that:
1-51                       (A)  the seized property is contraband and a
1-52     person pleaded guilty or nolo contendere to, was convicted of, or
1-53     was placed on deferred adjudication for:
1-54                             (i)  an offense under Section 66.006,
1-55     Section 66.2011, or Subchapter G, Chapter 43, of this code; or
1-56                             (ii)  a second or subsequent offense under
1-57     Section 61.022, 62.003, 62.004, or 62.005 of this code; or
1-58                       (B)  the seized property is contraband and no
1-59     person was arrested for an offense immediately after the warden or
1-60     officer seized the property; or
1-61                 (2)  released to the owner if:
 2-1                       (A)  the person charged with an offense under
 2-2     Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of
 2-3     this code or a second or subsequent offense under Section 61.022,
 2-4     62.003, 62.004, or 62.005 of this code is acquitted or the charge
 2-5     is dismissed; or
 2-6                       (B)  the court determines that the seized
 2-7     property is not contraband.
 2-8           SECTION 3.  Subchapter E, Chapter 12, Parks and Wildlife
 2-9     Code, is amended by adding Section 12.4061 to read as follows:
2-10           Sec. 12.4061.  PARKS AND WILDLIFE CODE STATE JAIL FELONY.
2-11     (a)  An individual adjudged guilty of a Parks and Wildlife Code
2-12     state jail felony shall be punished by confinement in a state jail
2-13     for a term of not more than two years or less than 180 days.
2-14           (b)  In addition to confinement, an individual adjudged
2-15     guilty of a Parks and Wildlife Code state jail felony may be
2-16     punished by a fine of not less than $1,500 and not more than
2-17     $10,000.
2-18           SECTION 4.  Section 12.5015, Parks and Wildlife Code, is
2-19     amended by amending Subsections (a), (b), and (c) and adding
2-20     Subsection (e) to read as follows:
2-21           (a)  Except as provided by this section, any hunting or
2-22     fishing license or permit issued by the department to a person is
2-23     automatically revoked on final conviction of the person of an
2-24     offense under Section 61.022, 62.003, 62.004, 62.005, 62.011(c),
2-25     66.004(a), or 66.004(c).
2-26           (b)  If the holder of a lifetime license is finally convicted
2-27     of an offense under Section 61.022, 62.003, 62.004, 62.005,
2-28     62.011(c), 66.004(a), or 66.004(c), the person's lifetime license
2-29     is automatically suspended.  The suspension is for a period set by
2-30     the court of not less than one year or more than five years.  If
2-31     the court does not set a period, the suspension is for one year
2-32     from the date the conviction becomes final.
2-33           (c)  On conviction of a person for an offense under Section
2-34     61.022, 62.003, 62.004, 62.005, 62.011(c), 66.004(a), or 66.004(c),
2-35     the court shall set a period of not less than one year and not more
2-36     than five years during which the department may not issue that
2-37     person a license, tag, or stamp under Chapter 42, 46, or 50.  If
2-38     the court does not set a period, the department may not issue that
2-39     person a license, tag, or stamp under Chapter 42, 46, or 50 before
2-40     the first anniversary of the date the conviction becomes final.
2-41           (e)  For purposes of this section, "final conviction"
2-42     includes a plea of guilty or nolo contendere to or the imposition
2-43     of deferred adjudication  for an offense.
2-44           SECTION 5.  Section 12.504(a), Parks and Wildlife Code, is
2-45     amended to read as follows:
2-46           (a)  A license or permit may be suspended under this
2-47     subchapter for a period set by the director.  The period of
2-48     suspension ends on the expiration of the time set by the director
2-49     or the expiration of the license or permit, whichever occurs first
2-50     [not more than 60 days after the date on which the suspension takes
2-51     effect].
2-52           SECTION 6.  Sections 61.022(b), (c), and (d), Parks and
2-53     Wildlife Code, are amended to read as follows:
2-54           (b)  Except as provided by Subsection (c), a [A] person who
2-55     violates Subsection (a) the first time commits an offense that is a
2-56     Class A [B] Parks and Wildlife Code misdemeanor and is punishable
2-57     in addition by the revocation or suspension under Section 12.5015
2-58     of hunting and fishing licenses and permits.
2-59           (c)  A person who violates Subsection (a) the first time by
2-60     killing a desert bighorn sheep, pronghorn antelope, mule deer, or
2-61     white-tailed deer commits an offense that is a Parks and Wildlife
2-62     Code state jail felony and is punishable in addition by the
2-63     revocation or suspension under Section 12.5015 of hunting and
2-64     fishing licenses and permits.
2-65           (d)  A second violation of Subsection (a) shall be classified
2-66     as one category higher than the first violation or a Parks and
2-67     Wildlife Code felony, whichever is lesser, [is a Class A Parks and
2-68     Wildlife Code misdemeanor] and is punishable in addition by the
2-69     revocation or suspension under Section 12.5015 of hunting and
 3-1     fishing licenses and permits.
 3-2           (e) [(d)]  A third or subsequent violation of Subsection (a)
 3-3     shall be classified as a Parks and Wildlife Code felony [is a state
 3-4     jail felony under Section 12.35, Penal Code,] and is punishable in
 3-5     addition by the revocation or suspension under Section 12.5015 of
 3-6     hunting and fishing licenses and permits.
 3-7           SECTION 7.  Section 62.011, Parks and Wildlife Code, is
 3-8     amended to read as follows:
 3-9           Sec. 62.011.  RETRIEVAL AND WASTE OF GAME.  (a)  Except as
3-10     provided by Subsection (c), it [It] is an offense if a person while
3-11     [lawfully] hunting kills or wounds a game bird or game animal and
3-12     intentionally or knowingly fails to make a reasonable effort to
3-13     retrieve the animal or bird and include it in the person's daily or
3-14     seasonal bag limit.
3-15           (b)  Except as provided by Subsection (c), it [It] is an
3-16     offense if a person intentionally takes a game bird, game animal,
3-17     or a fish and intentionally, knowingly, or recklessly, or with
3-18     criminal negligence, fails to keep the edible portions of the bird,
3-19     animal, or fish in an edible condition.
3-20           (c)  It is an offense if a person while hunting kills or
3-21     wounds a desert bighorn sheep, pronghorn antelope, mule deer, or
3-22     white-tailed deer and intentionally or knowingly fails to make a
3-23     reasonable effort to retrieve the animal or intentionally,
3-24     knowingly, or recklessly or with criminal negligence fails to keep
3-25     the edible parts of the animal in an edible condition.
3-26           SECTION 8.  Sections 62.013(b) and (c), Parks and Wildlife
3-27     Code, are amended to read as follows:
3-28           (b)  A person who violates Section 62.003, 62.004, 62.005, or
3-29     62.011(c) of this code commits an offense that is a Class A [B]
3-30     Parks and Wildlife Code misdemeanor, unless it is shown at the
3-31     trial of the defendant for a violation of that section that the
3-32     defendant has been convicted one or more times before the trial
3-33     date of a violation of that section, in which case the offense is a
3-34     [Class A] Parks and Wildlife Code state jail felony [misdemeanor].
3-35           (c)  In addition to the punishments provided in Subsections
3-36     (a) and (b), a person who violates Section 62.003, 62.004, 62.005,
3-37     or 62.011(c) of this code is punishable by the revocation or
3-38     suspension under Section 12.5015 of hunting and fishing licenses
3-39     and permits [If it is shown at the trial of the defendant for a
3-40     violation of Section 62.003 or 62.004 of this code that he has been
3-41     convicted within five years before the trial date of a violation of
3-42     the section for which he is being prosecuted, on conviction he
3-43     shall be punished for a Class B Parks and Wildlife Code
3-44     misdemeanor].
3-45           SECTION 9.  Subchapter A, Chapter 62, Parks and Wildlife
3-46     Code, is amended by adding Section 62.017 to read as follows:
3-47           Sec. 62.017.  DISPOSITION OF SEIZED PROPERTY.  (a)  If a
3-48     person is finally convicted of an offense under Section 62.003,
3-49     62.004, 62.005, or 62.011(c), the court entering judgment of
3-50     conviction may order any weapon or other personal property used in
3-51     the commission of the offense destroyed or forfeited to the
3-52     department.
3-53           (b)  If the department receives a forfeiture order from a
3-54     court as authorized by this section, the department may:
3-55                 (1)  use the property in its normal operation;
3-56                 (2)  sell or transfer the property; or
3-57                 (3)  destroy the property.
3-58           (c)  This section does not apply to a vehicle, aircraft, or
3-59     vessel.
3-60           (d)  If the disposition of property under this section is by
3-61     sale of the property, the sale proceeds shall be deposited in the
3-62     general revenue fund.
3-63           SECTION 10.  This Act takes effect September 1, 1999.
3-64           SECTION 11.  (a)  The change in law made by this Act applies
3-65     only to an offense committed on or after September 1, 1999.  For
3-66     purposes of this section an offense is committed before September
3-67     1, 1999, if any element of the offense occurs before that date.
3-68           (b)  An offense committed before the effective date of this
3-69     Act is covered by the law in effect when the offense was committed,
 4-1     and the former law is continued in effect for that purpose.
 4-2           SECTION 12.  The importance of this legislation and the
 4-3     crowded condition of the calendars in both houses create an
 4-4     emergency and an imperative public necessity that the
 4-5     constitutional rule requiring bills to be read on three several
 4-6     days in each house be suspended, and this rule is hereby suspended.
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