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Texas Statutes (Last Updated: January 4, 2014) |
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PARKS AND WILDLIFE CODE |
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Title 2. PARKS AND WILDLIFE DEPARTMENT |
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Chapter 12. POWERS AND DUTIES CONCERNING WILDLIFE |
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Subchapter B. ENFORCEMENT POWERS |
Sec. 12.110. DISPOSITION OF CONFISCATED GAME
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(a) Except as provided by Subsection (d), the department shall donate, whenever donation is reasonably practicable, any wild game animal, bird, fowl, game fish, or exotic animal that is unlawfully killed, taken, shipped, held in storage, possessed, or offered for sale in a public eating place to a charitable institution, hospital, or person or persons.
(b) The expense of any storage, care, feeding, cold storage, or processing that may be necessary for an unlawfully possessed game bird, fowl, animal, game fish, or exotic animal shall be assessed against the violator on the violator's conviction.
(c) The department and an enforcement officer of the department who acts under this section are not liable in any civil action for the seizure, sale, or donation of a game bird, other fowl, animal, game fish, or exotic animal.
(d) The department may sell confiscated live game described by Subsection (a) to the highest of three bidders. At the time of a sale under this subsection, the department shall provide the buyer a receipt for all game sold to the buyer. The department shall deposit the proceeds of the sale in the state treasury to the credit of suspense account 900 pending the outcome of any action against the person charged with an unlawful action described by Subsection (a). If that person is found guilty, pleads guilty or nolo contendere, or is placed on deferred adjudication, the department shall deposit the proceeds of the sale into the game, fish, and water safety account. If the person is found not guilty, the department shall pay the proceeds of the sale to the person.
(e) This section does not apply to the lawful possession or sale of an exotic animal.
(f) In this section, "exotic animal" has the meaning assigned by Section 62.015.