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By:  Averitt                                                      S.B. No. 804
	(In the Senate - Filed February 28, 2005; March 10, 2005, 
read first time and referred to Committee on Natural Resources; 
April 22, 2005, reported favorably by the following vote:  Yeas 11, 
Nays 0; April 22, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the liability of license deputies for sales money held 
in trust for the Parks and Wildlife Department.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter H, Chapter 12, Parks and Wildlife 
Code, is amended by adding Section 12.708 to read as follows:
	Sec. 12.708.  LIABILITY OF LICENSE DEPUTY FOR SALES.  
(a)  This section applies to the sale of a license, stamp, permit, 
or tag generated by a license deputy or by an employee or agent of a 
license deputy.
	(b)  A license deputy holds in trust for the benefit of the 
state money that the license deputy receives from the sale of a 
license, stamp, permit, or tag, minus the amount of the authorized 
sales commission, until that money is transferred to the state 
treasury for credit to the appropriate department account.  The 
license deputy is liable to the department for the full amount of 
money held in trust.  If the license deputy is not an individual, 
each officer, director, or owner of the license deputy is 
personally liable to the department for the full amount of money 
held in trust.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.



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