Texas 2025 - 89th Regular

Texas House Bill HB654 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R21995~~ MP-D
2		-	By: Leo Wilson~~, et al.~~ H.B. No. 654
3		-	~~Substitute the following for H.B. No. 654:~~
4		-	~~By: Metcalf C.S.H.B. No. 654~~
	1	+	89R496 MP-D
	2	+	By: Leo Wilson H.B. No. 654
	3	+
	4	+
5	5
6	6
7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to the dismissal of a criminal charge related to the
10	10		illegal hunting of certain deer; authorizing fees.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. This Act may be cited as the Asp-Morgan Act.
13		-	SECTION 2. Subchapter F, Chapter 61, Parks and Wildlife
	12	+	SECTION 1. Subchapter F, Chapter 61, Parks and Wildlife
14	13		Code, is amended by adding Section 61.902 to read as follows:
15	14		Sec. 61.902. DISMISSAL OF CERTAIN CHARGES RELATED TO
16	15		PROHIBITED HUNTING ON COMPLETION OF HUNTER EDUCATION COURSE. (a)
17	16		In this section, "hunter education course" means a hunter education
18	17		course established under Section 62.014.
19	18		(b) This section applies only to an alleged offense for the
20	19		violation of a provision of this code, or a proclamation or
21	20		regulation of the commission issued under the authority of this
22	21		code, that prohibits the hunting of certain mule deer or
23	22		white-tailed deer based on the inside or outside spread measurement
24		-	of the deer's antlers, where the violation is based on a difference
25		-	of one inch or less from the spread measurement prescribed by the
26		-	provision.
	23	+	of the deer's antlers.
27	24		(c) A court having proper jurisdiction of an offense to
28	25		which this section applies may, without entering an adjudication of
29	26		guilt, defer proceedings against a defendant for a period not to
30	27		exceed 180 days if the defendant:
31	28		(1) reported the defendant's commission of the offense
32		-	to a game warden before the defendant left the location where the
33		-	conduct occurred and was subsequently charged with the offense;
34		-	(2) did not retain possession of the deer carcass or
35		-	otherwise disposed of the carcass in the manner prescribed by the
36		-	department;
37		-	(3) has not previously:
38		-	(A) been convicted of an offense to which this
39		-	section applies; or
40		-	(B) had a charge dismissed under this section;
41		-	(4) pleads nolo contendere or guilty to the offense in
	29	+	to the department and was subsequently charged with the offense;
	30	+	(2) has not previously been convicted of an offense to
	31	+	which this section applies;
	32	+	(3) pleads nolo contendere or guilty to the offense in
42	33		open court; and
43		-	(5) presents to the court an oral or written request to
	34	+	(4) presents to the court an oral or written request to
44	35		attend a hunter education course.
45	36		(d) The court shall dismiss a defendant's charge that the
46	37		court deferred under Subsection (c) if the defendant presents
47	38		satisfactory evidence that the defendant:
48	39		(1) has successfully completed the hunter education
49	40		course before the last day of the deferral period; and
50	41		(2) during the deferral period, has not violated a
51	42		provision of this code or a proclamation or regulation of the
52	43		commission issued under the authority of this code.
53	44		(e) The court shall enter an adjudication of guilt and
54	45		impose the penalty for the offense if the defendant fails to satisfy
55	46		the conditions for dismissal of the charge described by Subsection
56	47		(d).
57	48		(f) Notwithstanding any other law, a charge dismissed under
58	49		this section may not be:
59	50		(1) considered a conviction for the purposes of any
60	51		disqualifications or disabilities imposed by this code or other law
61	52		for conviction of an offense; or
62	53		(2) used as grounds for denying issuance of a
63	54		professional or occupational license or certificate to, or
64	55		suspending or revoking the professional or occupational license or
65	56		certificate of, the defendant otherwise entitled to or qualified
66	57		for the license or certificate.
67	58		(g) A court may transfer a case in which proceedings have
68	59		been deferred under this section to a different court if that court
69	60		consents to the transfer and has jurisdiction over the case.
70	61		(h) In addition to court costs and fees authorized or
71	62		imposed by a law of this state and applicable to the offense, the
72	63		court may require a defendant who requests a hunter education
73	64		course to pay a reimbursement fee in an amount not to exceed $10 to
74	65		cover the costs of administering this section. Money collected by
75	66		the court shall be deposited in the county treasury of the county in
76	67		which the court is located.
77	68		(i) In addition to the reimbursement fee authorized by
78	69		Subsection (h), the court may require a defendant who requests a
79	70		hunter education course to pay a $10 reimbursement fee to cover the
80	71		course provider's cost for performing duties under this section.
81	72		The court shall pay the fee to the course provider, and the course
82	73		provider must account to the court for the receipt and disbursal of
83	74		the fee.
84	75		(j) A defendant who pays a fee under Subsection (h) or (i) is
85	76		not entitled to a refund of the fee, regardless of whether the
86	77		defendant successfully completes the hunter education course.
87	78		(k) A court may not require an indigent defendant for whom
88	79		proceedings are deferred under this section to pay a reimbursement
89	80		fee described by this section.
90		-	SECTION 3. The change in law made by this Act applies only
	81	+	SECTION 2. The change in law made by this Act applies only
91	82		to an offense committed on or after the effective date of this Act.
92	83		An offense committed before the effective date of this Act is
93	84		governed by the law in effect on the date the offense was committed,
94	85		and the former law is continued in effect for that purpose. For
95	86		purposes of this section, an offense was committed before the
96	87		effective date of this Act if any element of the offense occurred
97	88		before that date.
98		-	SECTION 4. This Act takes effect September 1, 2025.
	89	+	SECTION 3. This Act takes effect September 1, 2025.