HB654 - Relating to the dismissal of a criminal charge related to the illegal hunting of certain deer; authorizing fees.

      H.B. No. 654         AN ACT   relating to the dismissal of a criminal charge related to the   illegal hunting of certain deer; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Asp-Morgan Act.          SECTION 2.  Subchapter F, Chapter 61, Parks and Wildlife   Code, is amended by adding Section 61.902 to read as follows:           Sec.   61.902.     DISMISSAL OF CERTAIN CHARGES RELATED TO   PROHIBITED HUNTING ON COMPLETION OF HUNTER EDUCATION COURSE. (a)   In this section, "hunter education course" means a hunter education   course established under Section 62.014.           (b)     This section applies only to an alleged offense for the   violation of a provision of this code, or a proclamation or   regulation of the commission issued under the authority of this   code, that prohibits the hunting of certain mule deer or   white-tailed deer based on the inside or outside spread measurement   of the deer's antlers, where the violation is based on a difference   of one inch or less from the spread measurement prescribed by the   provision.           (c)     A court having proper jurisdiction of an offense to   which this section applies may, without entering an adjudication of   guilt, defer proceedings against a defendant for a period not to   exceed 180 days if the defendant:                 (1)     reported the defendant's commission of the offense   to a game warden before the defendant left the location where the   conduct occurred and was subsequently charged with the offense;                 (2)     did not retain possession of the deer carcass or   otherwise disposed of the carcass in the manner prescribed by the   department;                 (3)  has not previously:                       (A)     been convicted of an offense to which this   section applies; or                       (B)  had a charge dismissed under this section;                 (4)     pleads nolo contendere or guilty to the offense in   open court; and                 (5)     presents to the court an oral or written request to   attend a hunter education course.           (d)     The court shall dismiss a defendant's charge that the   court deferred under Subsection (c) if the defendant presents   satisfactory evidence that the defendant:                 (1)     has successfully completed the hunter education   course before the last day of the deferral period; and                 (2)     during the deferral period, has not violated a   provision of this code or a proclamation or regulation of the   commission issued under the authority of this code.           (e)     The court shall enter an adjudication of guilt and   impose the penalty for the offense if the defendant fails to satisfy   the conditions for dismissal of the charge described by Subsection   (d).           (f)     Notwithstanding any other law, a charge dismissed under   this section may not be:                 (1)     considered a conviction for the purposes of any   disqualifications or disabilities imposed by this code or other law   for conviction of an offense; or                 (2)     used as grounds for denying issuance of a   professional or occupational license or certificate to, or   suspending or revoking the professional or occupational license or   certificate of, the defendant otherwise entitled to or qualified   for the license or certificate.           (g)     A court may transfer a case in which proceedings have   been deferred under this section to a different court if that court   consents to the transfer and has jurisdiction over the case.           (h)     In addition to court costs and fees authorized or   imposed by a law of this state and applicable to the offense, the   court may require a defendant who requests a hunter education   course to pay a reimbursement fee in an amount not to exceed $10 to   cover the costs of administering this section. Money collected by   the court shall be deposited in the county treasury of the county in   which the court is located.           (i)     In addition to the reimbursement fee authorized by   Subsection (h), the court may require a defendant who requests a   hunter education course to pay a $10 reimbursement fee to cover the   course provider's cost for performing duties under this section.   The court shall pay the fee to the course provider, and the course   provider must account to the court for the receipt and disbursal of   the fee.           (j)     A defendant who pays a fee under Subsection (h) or (i) is   not entitled to a refund of the fee, regardless of whether the   defendant successfully completes the hunter education course.           (k)     A court may not require an indigent defendant for whom   proceedings are deferred under this section to pay a reimbursement   fee described by this section.          SECTION 3.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 4.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 654 was passed by the House on April   30, 2025, by the following vote:  Yeas 134, Nays 2, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 654 was passed by the Senate on May   28, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor