89R21995 MP-D
By: Leo Wilson, et al. H.B. No. 654
Substitute the following for H.B. No. 654:
By: Metcalf C.S.H.B. No. 654
A BILL TO BE ENTITLED
AN ACT
relating to the dismissal of a criminal charge related to the
illegal hunting of certain deer; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Asp-Morgan Act.
SECTION 2. Subchapter F, Chapter 61, Parks and Wildlife
Code, is amended by adding Section 61.902 to read as follows:
Sec. 61.902. DISMISSAL OF CERTAIN CHARGES RELATED TO
PROHIBITED HUNTING ON COMPLETION OF HUNTER EDUCATION COURSE. (a)
In this section, "hunter education course" means a hunter education
course established under Section 62.014.
(b) This section applies only to an alleged offense for the
violation of a provision of this code, or a proclamation or
regulation of the commission issued under the authority of this
code, that prohibits the hunting of certain mule deer or
white-tailed deer based on the inside or outside spread measurement
of the deer's antlers, where the violation is based on a difference
of one inch or less from the spread measurement prescribed by the
provision.
(c) A court having proper jurisdiction of an offense to
which this section applies may, without entering an adjudication of
guilt, defer proceedings against a defendant for a period not to
exceed 180 days if the defendant:
(1) reported the defendant's commission of the offense
to a game warden before the defendant left the location where the
conduct occurred and was subsequently charged with the offense;
(2) did not retain possession of the deer carcass or
otherwise disposed of the carcass in the manner prescribed by the
department;
(3) has not previously:
(A) been convicted of an offense to which this
section applies; or
(B) had a charge dismissed under this section;
(4) pleads nolo contendere or guilty to the offense in
open court; and
(5) presents to the court an oral or written request to
attend a hunter education course.
(d) The court shall dismiss a defendant's charge that the
court deferred under Subsection (c) if the defendant presents
satisfactory evidence that the defendant:
(1) has successfully completed the hunter education
course before the last day of the deferral period; and
(2) during the deferral period, has not violated a
provision of this code or a proclamation or regulation of the
commission issued under the authority of this code.
(e) The court shall enter an adjudication of guilt and
impose the penalty for the offense if the defendant fails to satisfy
the conditions for dismissal of the charge described by Subsection
(d).
(f) Notwithstanding any other law, a charge dismissed under
this section may not be:
(1) considered a conviction for the purposes of any
disqualifications or disabilities imposed by this code or other law
for conviction of an offense; or
(2) used as grounds for denying issuance of a
professional or occupational license or certificate to, or
suspending or revoking the professional or occupational license or
certificate of, the defendant otherwise entitled to or qualified
for the license or certificate.
(g) A court may transfer a case in which proceedings have
been deferred under this section to a different court if that court
consents to the transfer and has jurisdiction over the case.
(h) In addition to court costs and fees authorized or
imposed by a law of this state and applicable to the offense, the
court may require a defendant who requests a hunter education
course to pay a reimbursement fee in an amount not to exceed $10 to
cover the costs of administering this section. Money collected by
the court shall be deposited in the county treasury of the county in
which the court is located.
(i) In addition to the reimbursement fee authorized by
Subsection (h), the court may require a defendant who requests a
hunter education course to pay a $10 reimbursement fee to cover the
course provider's cost for performing duties under this section.
The court shall pay the fee to the course provider, and the course
provider must account to the court for the receipt and disbursal of
the fee.
(j) A defendant who pays a fee under Subsection (h) or (i) is
not entitled to a refund of the fee, regardless of whether the
defendant successfully completes the hunter education course.
(k) A court may not require an indigent defendant for whom
proceedings are deferred under this section to pay a reimbursement
fee described by this section.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2025.