1-1 By: Brown S.B. No. 1302
1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 14, 1999, reported favorably, as amended, by the following
1-5 vote: Yeas 5, Nays 0; April 14, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Brown
1-7 Amend S.B. No. 1302 as follows:
1-8 (1) On page 2, line 56, between "a" and "letter", insert
1-9 "certified".
1-10 (2) Add a new SECTION 5 to read as follows and renumber
1-11 subsequent sections appropriately:
1-12 "SECTION 5. Section 12.505, Parks and Wildlife Code, is
1-13 amended to read as follows:
1-14 Sec. 12.505. VIOLATION OF SUSPENSION, REFUSAL, OR
1-15 REVOCATION. A person who engages in an activity requiring a permit
1-16 or license during the time for which such license or permit has
1-17 been suspended, refused, or revoked commits an offense that is a
1-18 Class A Parks and Wildlife Code misdemeanor."
1-19 COMMITTEE AMENDMENT NO. 2 By: Brown
1-20 Amend S.B. No. 1302 by adding a new SECTION 6 and a new
1-21 SECTION 7 to read as follows and renumber subsequent sections
1-22 appropriately:
1-23 "SECTION 6. Section 12.109, Parks and Wildlife Code, is
1-24 amended to read as follows:
1-25 Sec. 12.109. CONFISCATION AND DISPOSITION OF AQUATIC
1-26 PRODUCTS [LIFE]. (a) Except as provided by Subsection (c) or (f)
1-27 [(e)] of this section, when an enforcement officer of the
1-28 department believes that a person has unlawful possession of any
1-29 fish, oysters, shrimp, or other aquatic products as defined by
1-30 Section 47.001(16) of this code, taken in violation of this code or
1-31 a proclamation of the commission adopted under this code [life], he
1-32 shall seize [and sell]the aquatic products and all aquatic products
1-33 aboard any vessel involved, or in any device used to catch or store
1-34 aquatic products, whether in storage or on deck, and whether alive
1-35 or dead, frozen or fresh, whole or processed to any extent. The
1-36 officer shall sell the aquatic products and dispose of the proceeds
1-37 as provided in Subsection (b) of [life and dispose of the proceeds
1-38 as provided in] this section. [If the person is in possession of a
1-39 greater quantity of aquatic life than is authorized by law, all
1-40 such aquatic life shall be deemed to have been taken in
1-41 contravention of the law and shall be seized by the arresting
1-42 officer. The officer shall give to the person a receipt for all
1-43 aquatic life seized upon the sale of the aquatic life.]
1-44 (b) The confiscated aquatic products [life] shall be sold to
1-45 the highest of three bidders. The proceeds of the sale shall be
1-46 deposited in the state treasury to the credit of suspense account
1-47 No. 900 pending the outcome of the action taken against the person
1-48 charged with illegal possession. The officer shall give to the
1-49 person a receipt for all aquatic products seized upon the sale of
1-50 the aquatic products. If bids cannot be obtained, the department,
1-51 if practicable, shall donate the aquatic products [life] to a
1-52 charitable institution, hospital, or other person.
1-53 (c) If aquatic products are seized due only to a violation
1-54 of a daily bag or possession limit, the officer shall allow the
1-55 person in possession to retain a lawful quantity of the aquatic
1-56 products, but only if the person gives written acknowledgement of
1-57 retention of a lawful quantity to the officer on a form provided by
1-58 the department. The officer shall sell the remainder of the
1-59 aquatic products and dispose of the proceeds as provided by
1-60 Subsection (b) of this section.
1-61 (d) Unless the person is found guilty, pleads guilty or nolo
1-62 contendere, or is placed on deferred adjudication, all the proceeds
1-63 shall be paid to the owner of the aquatic products [life].
2-1 (e) [(d)] This section does not apply to fish, shrimp, or
2-2 other aquatic products [life] that are taken from an area declared
2-3 by the Commissioner of Health to be a prohibited area.
2-4 (f) [(e)] If an enforcement officer of the department
2-5 determines that a person is in possession of oysters that were
2-6 taken unlawfully, the officer may direct, if practical, that the
2-7 oysters be returned to a public reef.
2-8 (g) [(f)] The department and an enforcement officer of the
2-9 department who acts under this section are not liable in any civil
2-10 action for the seizure, sale, release, or donation of aquatic
2-11 products [life] or for the order to return oysters to a public
2-12 reef.
2-13 SECTION 7. Section 77.027, Parks and Wildlife Code, is
2-14 repealed."
2-15 A BILL TO BE ENTITLED
2-16 AN ACT
2-17 relating to authority of the Parks and Wildlife Department to
2-18 withhold licenses and permits.
2-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-20 SECTION 1. Subsection (b), Section 12.501, Parks and
2-21 Wildlife Code, is amended to read as follows:
2-22 (b) The director may suspend or revoke an original or
2-23 renewal permit or license issued under this code if it is found,
2-24 after notice and hearing, that:
2-25 (1) the permittee or licensee has been finally
2-26 convicted of a violation of this code or proclamation or regulation
2-27 adopted under this code relating to the permit or license to be
2-28 suspended or revoked;
2-29 (2) the permittee or licensee violated a provision of
2-30 this code or proclamation or regulation adopted under this code
2-31 relating to the permit or license to be suspended or revoked;
2-32 (3) the permittee or licensee made a false or
2-33 misleading statement in connection with his original or renewal
2-34 application, either in the formal application itself or in any
2-35 other written instrument relating to the application submitted to
2-36 the commission or its officers or employees; [or]
2-37 (4) the permittee or licensee is indebted to the state
2-38 for taxes, fees, or payment of penalties imposed by this code or by
2-39 a commission rule relating to a permit or license to be suspended
2-40 or revoked; or
2-41 (5) the permittee or licensee is liable to the state
2-42 under Section 12.301.
2-43 SECTION 2. The section heading to Section 12.506, Parks and
2-44 Wildlife Code, is amended to read as follows:
2-45 Sec. 12.506. APPEAL FROM SUSPENSION, REFUSAL, OR REVOCATION
2-46 OF LICENSE OR PERMIT.
2-47 SECTION 3. Subsection (a), Section 12.506, Parks and
2-48 Wildlife Code, is amended to read as follows:
2-49 (a) An appeal from an order of the department refusing to
2-50 issue or transfer a license or permit or revoking or suspending a
2-51 license or permit may be taken to a district court of Travis
2-52 County.
2-53 SECTION 4. Subchapter F, Chapter 12, Parks and Wildlife
2-54 Code, is amended by adding Section 12.508 to read as follows:
2-55 Sec. 12.508. REFUSAL OF LICENSE OR PERMIT. (a) In this
2-56 section:
2-57 (1) "Notice" includes a letter sent from the
2-58 department by the United States Postal Service to the applicant at
2-59 the last address supplied to the department by the applicant or
2-60 verbal notice to the applicant by a representative of the
2-61 department.
2-62 (2) "Finally convicted" includes a final judgment of
2-63 guilt, deferred adjudication, a plea of nolo contendere, or a plea
2-64 of guilty.
2-65 (b) The department may refuse to issue or transfer an
2-66 original or renewal license, permit, or tag if the applicant or
2-67 transferee:
3-1 (1) has been finally convicted of a violation under
3-2 this code or a rule adopted or a proclamation issued under this
3-3 code;
3-4 (2) is liable to the state under Section 12.301; and
3-5 (3) has failed to fully pay the amount due under
3-6 Section 12.301 after the department has issued notice of liability
3-7 to the applicant or transferee.
3-8 (c) The contested case provisions of the Administrative
3-9 Procedure Act (Sections 2001.051-2001.178, Government Code) do not
3-10 apply to the refusal to issue, transfer, or renew a license,
3-11 permit, or tag under this section.
3-12 (d) This section does not apply to a person who incurred
3-13 liability to the state under Section 12.301 before September 1,
3-14 1999. This subsection expires September 1, 2001.
3-15 SECTION 5. This Act takes effect September 1, 1999.
3-16 SECTION 6. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.
3-21 * * * * *