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                                                                  H.B. No. 2037




AN ACT

relating to the seizure and disposition of property for the offense 
of hunting or fishing without landowner consent.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 61, Parks and Wildlife 
Code, is amended by adding Section 61.0221 to read as follows:
	Sec. 61.0221.  DISPOSITION OF SEIZED PROPERTY.  (a)  If a 
person is finally convicted of an offense under Section 61.022, the 
court entering judgment may order that a weapon or other personal 
property used in the commission of the offense be destroyed or 
forfeited to the department.
	(b)  If the department receives a forfeiture order from a 
court under this section, the department may:
		(1)  use the property in the department's normal 
operations;         
		(2)  sell or transfer the property; or                                 
		(3)  destroy the property.                                             
	(c)  The department shall deposit money from the sale of 
forfeited property under this section in the game, fish, and water 
safety account.
	(d)  This section does not apply to a vehicle, aircraft, or 
vessel.   
	SECTION 2.  The change in law made by this Act applies only 
to a conviction for an offense entered on or after the effective 
date of this Act.  A conviction for an offense entered before the 
effective date of this Act is covered by the law in effect on the 
date the conviction was entered, and the former law is continued in 
effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 2037 was passed by the House on April 
29, 2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 2037 was passed by the Senate on May 
20, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor