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.