HBA-MPM, KMH, NIK H.B. 2526 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2526
By: Cuellar
State Recreational Resources
10/11/1999
Enrolled


BACKGROUND AND PURPOSE 

As of September 1, 1997, certain violations of the Parks and Wildlife Code
were upgraded from Class C misdemeanor offenses to Class B and Class A
misdemeanor offenses.  Although these new classifications have subjected
poachers to possible jail time in addition to fines, poaching continues.
Because poaching can be a lucrative business and the benefits seem to
outweigh the risks, poachers risk probation and fines to engage in illegal
hunting activities. 

H.B. 2526 enhances the violations for these penalties by upgrading certain
violations and making specified offenses state jail felonies, to deter
further violations.  This bill also expands the definition of contraband
for the purposes of forfeiture and seizure, provides for a Parks and
Wildlife Code state jail felony category, and enhances suspension,
revocation, and denial of hunting and fishing licenses and permits for
violations of the Parks and Wildlife Code. 
 
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 12.101(2), Parks and Wildlife Code, to modify
and expand the definition of "contraband" for the purposes of this section
to include equipment seized as provided by Section 66.2011 (Red Drum and
Speckled Sea Trout:  Penalties), Parks and Wildlife Code, rather than
66.2011(d), Parks and Wildlife Code, and any aircraft or vessel used to
commit a second or subsequent offense under Section 61.022 (Taking Wildlife
Resources Without Consent of Landowner Prohibited), 62.003 (Hunting From
Vehicles), 62.004 (Hunting at Night), or 62.005 (Hunting With Light). 

SECTION 2.  Amends Sections 12.1106(b) and (d), Parks and Wildlike Code, to
require a game warden or peace officer to give notice of a seizure of
contraband, including other specified information, to the county judge or a
judge of a county court at law or district court of the county where the
seizure occurred when a person pleads guilty or nolo contendre to, is
convicted of, or placed on deferred adjudication for a second or subsequent
offense under Section 61.022, 62.003, 62.004, or 62.005, Parks and Wildlife
Code.  Makes conforming changes. 

SECTION 3.  Amends Subchapter E, Chapter 12, Parks and Wildlife Code, by
adding Section 12.4061, as follows: 

Sec.  12.4061.  PARKS AND WILDLIFE CODE STATE JAIL FELONY.  Requires a
person adjudged guilty of a Parks and Wildlife Code state jail felony to be
punished by confinement in a state jail for a term of not more than two
years or less than 180 days.  Authorizes a fine of between $1,500 and
$10,000 in addition to confinement. 

SECTION 4.  Amends Section 12.5015, Parks and Wildlife Code, to include a
final conviction under Section 62.003, 62.004, or 62.005, 62.011(c)
(Retrieval and Waste of Game), 66.004(a) (Taking of Fish by Electric Shock
Prohibited; Execption), or 66.004(c) among the offenses for which this
section provides for automatic suspension, revocation, or denial of a
license or permit.    Defines "final conviction" for the purposes of this
section. 
 
SECTION 5.  Amends Section 12.504(a), Parks and Wildlife Code, to grant
discretion to the executive director (director) of the Parks and Wildlife
Department (department) in setting the length of time that a license or
permit may be suspended, rather than a maximum of 60 days after the date on
which the suspension takes effect.  Provides that the suspension ends on
the expiration of the time set by the director or the expiration of the
license or permit, whichever occurs first. 

SECTION 6.  Amends Sections 61.022(b), (c), and (d), Parks and Wildlife
Code, as follows: 

(b) Subjects this subsection to the provisions set forth in Subsection (c).
Raises the penalty of a violation of this subsection to a Class A Parks and
Wildlife Code misdemeanor, rather than a Class B Parks and Wildlife Code
misdemeanor. 

(c) Provides that a first time violation of Subsection (a) by killing a
desert bighorn sheep, pronghorn antelope, mule deer, or white-tailed deer
is a Parks and Wildlife Code state jail felony and is punishable in
addition by the revocation or suspension under Section 12.5015 (Automatic
Revocation of Hunting or Fishing License or Permit) of hunting and fishing
licenses and permits. 

(d) Requires a second violation of Subsection (a) to be classified as one
category higher than the first violation or a Parks and Wildlife Code
felony, whichever is lesser, rather than a Class A Parks and Wildlife Code
misdemeanor, as well as mandatory revocation of hunting and fishing
licenses and permits. 

(e) Changes the penalty of a third or subsequent violation of Subsection
(a) to a Parks and Wildlife Code felony, rather than a state jail felony. 

Redesignates existing Subsection (d) to (e).

SECTION 7.  Amends Section 62.011, Parks and Wildlife Code, as follows:

(a) Subjects Subsection (a) to the provisions of Subsection (c).

(b) Subjects Subsection (b) to the provisions of Subsection (c).

(c) Makes it an offense if a person while hunting kills or wounds a desert
bighorn sheep, pronghorn antelope, mule deer, or white-tailed deer and
intentionally or knowingly fails to make a reasonable effort to retrieve
the animal or intentionally, knowingly, or recklessly or with criminal
negligence fails to keep the edible parts of the animal in an edible
condition. 

SECTION 8.  Amends Sections 62.013(b) and (c), Parks and Wildlife Code, as
follows: 

(b) Raises the penalty for a violation of Sections 62.003, 62.004, 62.005,
or 62.011(c), as provided by this section to a Class A, rather than Class
B, Parks and Wildlife Code misdemeanor.  Raises the penalty for a defendant
who has been previously convicted to a Parks and Wildlife Code state jail
felony from a Class A misdemeanor. 

(c) Provides for the revocation or suspension under Section 12.5015 of
hunting and fishing licenses and permits in addition to other punishments
provided by this section for a violation of Section 62.003, 62.004, 62.005,
or 62.011(c) of this code.  Deletes existing requirement of proof of
previous conviction of similar offenses during prescribed time. 

SECTION 9.  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 to
order any weapon or other personal property used in the commission of the
offense destroyed or forfeited to the department if a person is finally
convicted of an offense under Section 62.003, 62.004, 62.005, or 62.011(c),
Parks and Wildlife Code. 

 (b) Authorizes the department, upon receiving a forfeiture order under
this section to use the property in its normal operation, sell or transfer
the property, or destroy the property.  
(c) Provides that this section does not apply to a vehicle, aircraft, or
vessel. 

(d) Requires the proceeds of a sale of property received by the department
under this section to be deposited in the game, fish, and water safety
account. 

SECTION 10.  Effective date: September 1, 1999.

SECTION 11.  Makes application of this Act prospective.

SECTION 12.  Emergency clause.