HBA-NIK C.S.H.B. 1828 76(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1828 By: Christian State Recreational Resources 4/4/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Game wardens currently turn to justice of the peace courts for the adjudication of offenses punishable by a fine, but seizures of property believed to have been used in poaching must be handled in county courts. County courts often have crowded dockets, so cases can be left pending for two or three years, or dropped before any action is taken. C.S.H.B. 1828 authorizes the justice courts to grant disposition of seized property believed to be used in the commission of a crime concerning poaching or the illegal taking of wildlife to the Parks and Wildlife Department. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 12.1105(c), Parks and Wildlife Code, to include the justice court as one of the authorities to which the warden or other peace officer is required to give notice of the seizure. SECTION 2. Amends Section 12.1106(b), Parks and Wildlife Code, to make a conforming change. SECTION 3. Amends Subchapter A, Chapter 62, Parks and Wildlife Code, by adding Section 62.017, as follows: Sec. 62.017. DISPOSITION OF SEIZED PROPERTY. (a) Authorizes a court convicting a person of violating Section 62.003 (Hunting from Vehicles), 62.004 (Hunting at Night), or 62.005 (Hunting with Light) to order any weapon or other personal property used in the commission of the offense destroyed or forfeited to the Parks and Wildlife Department (department). (b) Authorizes the department to use the property in its normal operation, sell or transfer the property, or destroy the property if the department receives a forfeiture order from a court as authorized by this section. (c) Provides that this section does not apply to a vehicle, aircraft, or vessel. (d) Requires the sale proceeds to be deposited in the game, fish, and water safety account if the disposition of property under this section is by sale of the property. SECTION 4. Effective date: September 1, 1999. SECTION 5. Makes application of this Act prospective. SECTION 6. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1828 modifies the original bill in a new SECTION 1 by amending Section 12.1105 (c), Parks and Wildlife Code, by including the justice court among the specified courts of the county in which a seizure occurred to which the warden or other peace officer is required to give notice of the seizure if no person is charged with an offense in connection with the seizure of a seine, net, trawl, trap, or other device under this section, and no person is found in possession, of the seine, net, trawl, trap, or device. C.S.H.B. 1828 modifies the original by redesignating SECTION 1 to SECTION 2 and by removing the proposed amendment to Section 12.1106(d) and the proposed addition of Section 12.1106(e). The proposed amendment to Section 12.1106(d) required the court to prescribe the manner of disposition of seized property if the property remains unclaimed for 30 days, no case is filed, the identity of the property owner is unknown, and the warden or officer has provided the required notice. The proposed addition of Section 12.1106(e) required sale proceeds of disposed property to be deposited in the game, fish, and water safety account. C.S.H.B.1828 modifies the original bill in a new SECTION 3 by proposing the addition of Section 62.017, Parks and Wildlife Code. Section 62.017 authorizes a court to order any weapon or other personal property used in the commission of certain offenses destroyed or forfeited to the Texas Parks and Wildlife Department (department). Authorizes the department to use the property in its normal operation, sell or transfer the property, or destroy the property. Provides that this section does not apply to vehicle, aircraft, or vessel. Requires the sale proceeds to be deposited in the game, fish, and water safety account if the disposition of property under this section is by sale of the property. C.S.H.B. 1828 modifies the original bill in new SECTION 4 by changing the effective date of this Act to September 1, 1999, from upon passage. C.S.H.B. 1828 modifies the original in new SECTION 5 by making the application of this Act prospective. C.S.H.B. 1828 modifies the original by redesignating the emergency clause in SECTION 2 to new SECTION 6.