83R9019 SLB-F
 
  By: Kuempel H.B. No. 1818
 
 
 
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.