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.
4-7 * * * * *