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A BILL TO BE ENTITLED
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AN ACT
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relating to the dismissal of a criminal charge related to the |
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illegal hunting of certain deer; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Asp-Morgan Act. |
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SECTION 2. Subchapter F, Chapter 61, Parks and Wildlife |
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Code, is amended by adding Section 61.902 to read as follows: |
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Sec. 61.902. DISMISSAL OF CERTAIN CHARGES RELATED TO |
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PROHIBITED HUNTING ON COMPLETION OF HUNTER EDUCATION COURSE. (a) |
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In this section, "hunter education course" means a hunter education |
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course established under Section 62.014. |
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(b) This section applies only to an alleged offense for the |
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violation of a provision of this code, or a proclamation or |
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regulation of the commission issued under the authority of this |
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code, that prohibits the hunting of certain mule deer or |
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white-tailed deer based on the inside or outside spread measurement |
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of the deer's antlers, where the violation is based on a difference |
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of one inch or less from the spread measurement prescribed by the |
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provision. |
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(c) A court having proper jurisdiction of an offense to |
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which this section applies may, without entering an adjudication of |
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guilt, defer proceedings against a defendant for a period not to |
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exceed 180 days if the defendant: |
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(1) reported the defendant's commission of the offense |
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to a game warden before the defendant left the location where the |
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conduct occurred and was subsequently charged with the offense; |
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(2) did not retain possession of the deer carcass or |
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otherwise disposed of the carcass in the manner prescribed by the |
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department; |
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(3) has not previously: |
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(A) been convicted of an offense to which this |
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section applies; or |
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(B) had a charge dismissed under this section; |
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(4) pleads nolo contendere or guilty to the offense in |
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open court; and |
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(5) presents to the court an oral or written request to |
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attend a hunter education course. |
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(d) The court shall dismiss a defendant's charge that the |
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court deferred under Subsection (c) if the defendant presents |
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satisfactory evidence that the defendant: |
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(1) has successfully completed the hunter education |
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course before the last day of the deferral period; and |
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(2) during the deferral period, has not violated a |
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provision of this code or a proclamation or regulation of the |
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commission issued under the authority of this code. |
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(e) The court shall enter an adjudication of guilt and |
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impose the penalty for the offense if the defendant fails to satisfy |
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the conditions for dismissal of the charge described by Subsection |
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(d). |
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(f) Notwithstanding any other law, a charge dismissed under |
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this section may not be: |
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(1) considered a conviction for the purposes of any |
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disqualifications or disabilities imposed by this code or other law |
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for conviction of an offense; or |
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(2) used as grounds for denying issuance of a |
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professional or occupational license or certificate to, or |
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suspending or revoking the professional or occupational license or |
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certificate of, the defendant otherwise entitled to or qualified |
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for the license or certificate. |
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(g) A court may transfer a case in which proceedings have |
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been deferred under this section to a different court if that court |
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consents to the transfer and has jurisdiction over the case. |
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(h) In addition to court costs and fees authorized or |
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imposed by a law of this state and applicable to the offense, the |
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court may require a defendant who requests a hunter education |
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course to pay a reimbursement fee in an amount not to exceed $10 to |
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cover the costs of administering this section. Money collected by |
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the court shall be deposited in the county treasury of the county in |
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which the court is located. |
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(i) In addition to the reimbursement fee authorized by |
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Subsection (h), the court may require a defendant who requests a |
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hunter education course to pay a $10 reimbursement fee to cover the |
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course provider's cost for performing duties under this section. |
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The court shall pay the fee to the course provider, and the course |
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provider must account to the court for the receipt and disbursal of |
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the fee. |
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(j) A defendant who pays a fee under Subsection (h) or (i) is |
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not entitled to a refund of the fee, regardless of whether the |
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defendant successfully completes the hunter education course. |
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(k) A court may not require an indigent defendant for whom |
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proceedings are deferred under this section to pay a reimbursement |
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fee described by this section. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2025. |
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* * * * * |