AN ACT
1-1 relating to the authority of the Parks and Wildlife Department to
1-2 withhold licenses and permits and to confiscate certain products.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 12.501, Parks and
1-5 Wildlife Code, is amended to read as follows:
1-6 (b) The director may suspend or revoke an original or
1-7 renewal permit or license issued under this code if it is found,
1-8 after notice and hearing, that:
1-9 (1) the permittee or licensee has been finally
1-10 convicted of a violation of this code or proclamation or regulation
1-11 adopted under this code relating to the permit or license to be
1-12 suspended or revoked;
1-13 (2) the permittee or licensee violated a provision of
1-14 this code or proclamation or regulation adopted under this code
1-15 relating to the permit or license to be suspended or revoked;
1-16 (3) the permittee or licensee made a false or
1-17 misleading statement in connection with his original or renewal
1-18 application, either in the formal application itself or in any
1-19 other written instrument relating to the application submitted to
1-20 the commission or its officers or employees; [or]
1-21 (4) the permittee or licensee is indebted to the state
1-22 for taxes, fees, or payment of penalties imposed by this code or by
1-23 a commission rule relating to a permit or license to be suspended
1-24 or revoked; or
2-1 (5) the permittee or licensee is liable to the state
2-2 under Section 12.301.
2-3 SECTION 2. The section heading to Section 12.506, Parks and
2-4 Wildlife Code, is amended to read as follows:
2-5 Sec. 12.506. APPEAL FROM SUSPENSION, REFUSAL, OR REVOCATION
2-6 OF LICENSE OR PERMIT.
2-7 SECTION 3. Subsection (a), Section 12.506, Parks and
2-8 Wildlife Code, is amended to read as follows:
2-9 (a) An appeal from an order of the department refusing to
2-10 issue or transfer a license or permit or revoking or suspending a
2-11 license or permit may be taken to a district court of Travis
2-12 County.
2-13 SECTION 4. Subchapter F, Chapter 12, Parks and Wildlife
2-14 Code, is amended by adding Section 12.508 to read as follows:
2-15 Sec. 12.508. REFUSAL OF LICENSE OR PERMIT. (a) In this
2-16 section:
2-17 (1) "Notice" includes a certified letter sent from the
2-18 department by the United States Postal Service to the applicant at
2-19 the last address supplied to the department by the applicant or
2-20 verbal notice to the applicant by a representative of the
2-21 department.
2-22 (2) "Finally convicted" includes a final judgment of
2-23 guilt, deferred adjudication, a plea of nolo contendere, or a plea
2-24 of guilty.
2-25 (b) The department may refuse to issue or transfer an
2-26 original or renewal license, permit, or tag if the applicant or
3-1 transferee:
3-2 (1) has been finally convicted of a violation under
3-3 this code or a rule adopted or a proclamation issued under this
3-4 code;
3-5 (2) is liable to the state under Section 12.301; and
3-6 (3) has failed to fully pay the amount due under
3-7 Section 12.301 after the department has issued notice of liability
3-8 to the applicant or transferee.
3-9 (c) The contested case provisions of the Administrative
3-10 Procedure Act (Sections 2001.051-2001.178, Government Code) do not
3-11 apply to the refusal to issue, transfer, or renew a license,
3-12 permit, or tag under this section.
3-13 (d) This section does not apply to a person who incurred
3-14 liability to the state under Section 12.301 before September 1,
3-15 1999. This subsection expires September 1, 2001.
3-16 SECTION 5. Section 12.505, Parks and Wildlife Code, is
3-17 amended to read as follows:
3-18 Sec. 12.505. VIOLATION OF SUSPENSION, REFUSAL, OR
3-19 REVOCATION. A person who engages in an activity requiring a permit
3-20 or license during the time for which such license or permit has
3-21 been suspended, refused, or revoked commits an offense that is a
3-22 Class A Parks and Wildlife Code misdemeanor.
3-23 SECTION 6. Section 12.109, Parks and Wildlife Code, is
3-24 amended to read as follows:
3-25 Sec. 12.109. CONFISCATION AND DISPOSITION OF AQUATIC
3-26 PRODUCTS [LIFE]. (a) Except as provided by Subsection (c) or (f)
4-1 [(e)] of this section, when an enforcement officer of the
4-2 department believes that a person has unlawful possession of any
4-3 fish, oysters, shrimp, or other aquatic products as defined by
4-4 Section 47.001(16) of this code, taken in violation of this code or
4-5 a proclamation of the commission adopted under this code [life], he
4-6 shall seize [and sell] the aquatic products and all aquatic
4-7 products aboard any vessel involved, or in any device used to catch
4-8 or store aquatic products, whether in storage or on deck, and
4-9 whether alive or dead, frozen or fresh, whole or processed to any
4-10 extent. The officer shall sell the aquatic products and dispose of
4-11 the proceeds as provided in Subsection (b) of [life and dispose of
4-12 the proceeds as provided in] this section. [If the person is in
4-13 possession of a greater quantity of aquatic life than is authorized
4-14 by law, all such aquatic life shall be deemed to have been taken in
4-15 contravention of the law and shall be seized by the arresting
4-16 officer. The officer shall give to the person a receipt for all
4-17 aquatic life seized upon the sale of the aquatic life.]
4-18 (b) The confiscated aquatic products [life] shall be sold to
4-19 the highest of three bidders. The proceeds of the sale shall be
4-20 deposited in the state treasury to the credit of suspense account
4-21 No. 900 pending the outcome of the action taken against the person
4-22 charged with illegal possession. The officer shall give to the
4-23 person a receipt for all aquatic products seized upon the sale of
4-24 the aquatic products. If bids cannot be obtained, the department,
4-25 if practicable, shall donate the aquatic products [life] to a
4-26 charitable institution, hospital, or other person.
5-1 (c) If aquatic products are seized due only to a violation
5-2 of a daily bag or possession limit, the officer shall allow the
5-3 person in possession to retain a lawful quantity of the aquatic
5-4 products, but only if the person gives written acknowledgement of
5-5 retention of a lawful quantity to the officer on a form provided by
5-6 the department. The officer shall sell the remainder of the
5-7 aquatic products and dispose of the proceeds as provided by
5-8 Subsection (b) of this section.
5-9 (d) Unless the person is found guilty, pleads guilty or nolo
5-10 contendere, or is placed on deferred adjudication, all the proceeds
5-11 shall be paid to the owner of the aquatic products [life].
5-12 (e) [(d)] This section does not apply to fish, shrimp, or
5-13 other aquatic products [life] that are taken from an area declared
5-14 by the Commissioner of Health to be a prohibited area.
5-15 (f) [(e)] If an enforcement officer of the department
5-16 determines that a person is in possession of oysters that were
5-17 taken unlawfully, the officer may direct, if practical, that the
5-18 oysters be returned to a public reef.
5-19 (g) [(f)] The department and an enforcement officer of the
5-20 department who acts under this section are not liable in any civil
5-21 action for the seizure, sale, release, or donation of aquatic
5-22 products [life] or for the order to return oysters to a public
5-23 reef.
5-24 SECTION 7. Section 77.027, Parks and Wildlife Code, is
5-25 repealed.
5-26 SECTION 8. This Act takes effect September 1, 1999.
6-1 SECTION 9. The importance of this legislation and the
6-2 crowded condition of the calendars in both houses create an
6-3 emergency and an imperative public necessity that the
6-4 constitutional rule requiring bills to be read on three several
6-5 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1302 passed the Senate on
April 22, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1302 passed the House on
May 22, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor