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


Office of House Bill AnalysisH.B. 2526
By: Cuellar
State Recreational Resources
3/22/1999
Introduced


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 seems to
outweigh the risks, poachers risk probation and a 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. 
 
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 Sections 61.022 (b), (c), and (d), Parks and Wildlife
Code, to provide that the first time a person who hunts or catches a
wildlife resource without the land or water owner's consent commits a Class
A Parks and Wildlife Code misdemeanor, rather than a Class B Parks and
Wildlife misdemeanor.  Provides that subsequent violation is a state jail
felony. Makes conforming changes. 

SECTION 2.  Amends Section 62.013, Parks and Wildlife Code, by adding a new
Subsection (b) and redesignating  and amending existing Subsections (b) and
(c) as Subsections(c) and (d), as follows: 

(b)  Provides that a person who violates Section 62.004 (Hunting at Night),
62.010 (Exceeding Bag Limits, Hunting During Closed Season, etc; Penalty),
or 62.011 (Retrieval and Waste of Game) commits an offense that is a Class
B Parks and Wildlife Code misdemeanor, unless it is shown at the trial that
the defendant has been convicted one or more times before the trial date of
a violation of the same section, in which case the offense is a Class A
Parks and Wildlife Code misdemeanor. 

(c)  Provides that a person who violates Section 62.005 (Hunting with
Light) commits a Class A, rather than a Class B, Parks and Wildlife Code
misdemeanor, unless it is shown at the trial that the defendant has been
convicted one or more times before the trial date of a violation of the
section, in which case the offense is a state jail felony under Section
12.35 (State Jail Felony Punishment), Penal Code, rather than a Class A
Parks and Wildlife Code misdemeanor.  Redesignated from existing Subsection
(b). 

(d)  Provides that the if it is shown at the trial of the defendant for a
violation of Section 62.003 (Hunting From Vehicles), rather than 62.004
(Hunting at Night), that he has been convicted within five years before the
trial date, on conviction the punishment is a Class B Parks and Wildlife
Code misdemeanor. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Makes application of this Act prospective.

 SECTION 5.  Emergency clause.