Relating to the dismissal of a criminal charge related to the illegal hunting of certain deer; authorizing fees, the official text

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