|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the disposition of confiscated game, animal parts, and |
|
animal products. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Sections 12.109(b) and (d), Parks and Wildlife |
|
Code, are amended to read as follows: |
|
(b) The confiscated aquatic products shall be sold to the |
|
highest of three bidders. The proceeds of the sale shall be |
|
deposited in the state treasury to the credit of the appropriate |
|
suspense fund [account No. 900] pending the outcome of the action |
|
taken against the person charged with illegal possession. The |
|
officer shall give to the person a receipt for all aquatic products |
|
seized upon the sale of the aquatic products. If bids cannot be |
|
obtained, the department, if practicable, shall donate the aquatic |
|
products to a charitable institution, hospital, or other person. |
|
(d) If [Unless] the person is found guilty, pleads guilty or |
|
nolo contendere, [or] is placed on deferred adjudication, or fails |
|
to appear in accordance with a notice described by Section 12.106 or |
|
another law requiring that, as a condition of release, the |
|
defendant subsequently appear before a court to answer for the |
|
offense, all the proceeds shall be transferred to the credit of the |
|
game, fish, and water safety account. If the person is acquitted by |
|
the trial court, the charges against the person are dismissed, or |
|
the statute of limitations period for the prosecution of the |
|
offense has expired, the department shall pay the proceeds of the |
|
sale to the person from whom [paid to the owner of] the aquatic |
|
products were seized. |
|
SECTION 2. Section 12.110(d), Parks and Wildlife Code, is |
|
amended to read as follows: |
|
(d) The department may sell confiscated live game described |
|
by Subsection (a) to the highest of three bidders. At the time of a |
|
sale under this subsection, the department shall provide the buyer |
|
a receipt for all game sold to the buyer. The department shall |
|
deposit the proceeds of the sale in the state treasury to the credit |
|
of the appropriate suspense fund [account 900] pending the outcome |
|
of any action against the person charged with an unlawful action |
|
described by Subsection (a). If that person is found guilty, pleads |
|
guilty or nolo contendere, [or] is placed on deferred adjudication, |
|
or fails to appear in accordance with a notice described by Section |
|
12.106 or another law requiring that, as a condition of release, the |
|
defendant subsequently appear before a court to answer for the |
|
offense, the department shall transfer [deposit] the proceeds of |
|
the sale to the credit of [into] the game, fish, and water safety |
|
account. If the person is acquitted by the trial court, the charges |
|
against the person are dismissed, or the statute of limitations |
|
period for the prosecution of the offense has expired [found not
|
|
guilty], the department shall pay the proceeds of the sale to the |
|
person from whom the game was seized. |
|
SECTION 3. Section 12.1101, Parks and Wildlife Code, is |
|
amended to read as follows: |
|
Sec. 12.1101. SEIZURE AND DISPOSAL OF CERTAIN ANIMALS' |
|
PELTS AND CARCASSES. (a) A game warden or authorized employee of |
|
the department may seize a [the pelt of any] fur-bearing animal, |
|
pelt, or carcass taken or possessed in violation of a provision of |
|
this code or a lawful regulation of the commission. [If an alleged
|
|
violator is charged with a violation of a provision of this code or
|
|
of a regulation of the commission in connection with the pelt
|
|
seized, the warden or employee shall hold the pelt as evidence. On
|
|
conviction of the alleged violator or on his plea of nolo
|
|
contendere, the pelts may be sold to the highest bidder after taking
|
|
the minimum of three written bids by the department. If the alleged
|
|
violator is not guilty of the offense or if the charge is dismissed
|
|
the pelts shall be returned to their lawful owner.] |
|
(b) The department may sell a confiscated fur-bearing |
|
animal, pelt, or carcass to the highest of three bidders. At the |
|
time of a sale under this subsection, the department shall provide |
|
the buyer a receipt for all fur-bearing animals, pelts, or |
|
carcasses sold to the buyer. The department shall deposit the |
|
proceeds of the sale in the state treasury to the credit of the |
|
appropriate suspense fund pending the outcome of any action against |
|
the person charged with an unlawful action described by Subsection |
|
(a). If that person is found guilty, pleads guilty or nolo |
|
contendere, is placed on deferred adjudication, or fails to appear |
|
in accordance with a notice described by Section 12.106 or another |
|
law requiring that, as a condition of release, the defendant |
|
subsequently appear before a court to answer for the offense, the |
|
department shall transfer the proceeds of the sale to the credit of |
|
the game, fish, and water safety account. If the person is |
|
acquitted by the trial court, the charges against the person are |
|
dismissed, or the statute of limitations period for the prosecution |
|
of the offense has expired, the department shall pay the proceeds of |
|
the sale to the person from whom the items were seized. |
|
(c) A game warden or authorized employee of the department |
|
acting under the authority of this section is immune from liability |
|
and from suit for the seizure of items under this section [pelts]. |
|
SECTION 4. Section 65.009(b), Parks and Wildlife Code, is |
|
amended to read as follows: |
|
(b) If a person from whom an item described by Subsection |
|
(a) was seized is found guilty, pleads guilty or nolo contendere, is |
|
placed on deferred adjudication, or fails to appear in accordance |
|
with a notice described by Section 12.106 or another law requiring |
|
that, as a condition of release, the defendant subsequently appear |
|
before a court to answer for the offense [On conviction of a
|
|
violation, on a plea of nolo contendere, or on assessment of
|
|
deferred adjudication in connection with an alligator, alligator
|
|
hide, alligator egg, or alligator part seized under this section], |
|
the department shall transfer the proceeds of the sale from the |
|
suspense fund to the credit of the game, fish, and water safety |
|
account [fund]. If the person is acquitted by the trial court, the |
|
charges against the person are dismissed, or the statute of |
|
limitations period for the prosecution of the offense has expired, |
|
the department shall pay the proceeds of the sale to the person from |
|
whom the items were seized. |
|
SECTION 5. Section 65.009(c), Parks and Wildlife Code, is |
|
repealed. |
|
SECTION 6. (a) The changes in law made by this Act apply |
|
only to items seized by the Parks and Wildlife Department on or |
|
after the effective date of this Act. Items seized before the |
|
effective date of this Act are covered by the law in effect on the |
|
date of the seizure, and the former law is continued in effect for |
|
that purpose. |
|
(b) The changes in law made by this Act apply to funds under |
|
the control of the Parks and Wildlife Department on and after the |
|
effective date of this Act acquired by the sale of seized items |
|
under Sections 12.109, 12.110, 12.1101, and 65.009, Parks and |
|
Wildlife Code, regardless of whether those items were seized |
|
before, on, or after the effective date of this Act. |
|
SECTION 7. This Act takes effect September 1, 2013. |