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A BILL TO BE ENTITLED
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AN ACT
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relating to the management, breeding, and destruction of deer and |
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to procedures regarding certain deer permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.501(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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(b) Except as provided by Subchapter G, the [The] director |
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may suspend or revoke an original or renewal permit or license |
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issued under this code if it is found, after notice and hearing, |
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that: |
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(1) the permittee or licensee has been finally |
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convicted of a violation of this code or proclamation or regulation |
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adopted under this code relating to the permit or license to be |
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suspended or revoked; |
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(2) the permittee or licensee violated a provision of |
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this code or proclamation or regulation adopted under this code |
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relating to the permit or license to be suspended or revoked; |
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(3) the permittee or licensee made a false or |
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misleading statement in connection with the permittee's or |
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licensee's [his] original or renewal application, either in the |
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formal application itself or in any other written instrument |
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relating to the application submitted to the commission or its |
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officers or employees; |
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(4) the permittee or licensee is indebted to the state |
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for taxes, fees, or payment of penalties imposed by this code or by |
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a commission rule relating to a permit or license to be suspended or |
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revoked; or |
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(5) the permittee or licensee is liable to the state |
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under Section 12.301. |
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SECTION 2. Section 12.506, Parks and Wildlife Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) This section does not apply to a permit to which |
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Subchapter G applies. |
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SECTION 3. Section 12.508(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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(b) Except as provided by Subchapter G, the [The] department |
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may refuse to issue or transfer an original or renewal license, |
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permit, or tag if the applicant or transferee: |
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(1) has been finally convicted of a violation under |
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this code or a rule adopted or a proclamation issued under this |
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code; |
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(2) is liable to the state under Section 12.301; and |
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(3) has failed to fully pay the amount due under |
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Section 12.301 after the department has issued notice of liability |
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to the applicant or transferee. |
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SECTION 4. Chapter 12, Parks and Wildlife Code, is amended |
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by adding Subchapter G to read as follows: |
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SUBCHAPTER G. REFUSAL TO ISSUE OR RENEW CERTAIN PERMITS RELATING TO |
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THE CONTROL, BREEDING, OR MANAGEMENT OF DEER; APPEAL OF CERTAIN |
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DECISIONS |
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Sec. 12.601. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to the following permits: |
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(1) a trap, transport, and transplant permit under |
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Section 43.061 or 43.0611; |
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(2) a trap, transport, and process permit under |
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Section 43.0612; |
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(3) a deer breeder's permit under Subchapter L, |
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Chapter 43; |
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(4) a white-tailed deer management permit under |
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Subchapter R, Chapter 43; and |
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(5) a mule deer management permit under Subchapter |
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R-1, Chapter 43. |
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Sec. 12.602. DEFINITIONS. In this subchapter: |
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(1) "Applicant" means a person who has applied for a |
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new or renewal permit. |
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(2) "Final conviction" means a final judgment of |
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guilt, the granting of deferred adjudication or pretrial diversion, |
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or the entering of a plea of guilty or nolo contendere. |
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(3) "Permittee" means a person to whom a permit has |
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been issued, including each member of a partnership or association, |
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an agent acting on behalf of a partnership or association, each |
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officer of a corporation, and the owner of a majority of a |
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corporation's corporate stock. |
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Sec. 12.603. GENERAL CIRCUMSTANCES FOR REFUSAL TO ISSUE OR |
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RENEW PERMIT. The department may refuse to issue or renew a permit |
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if the applicant fails to submit in a timely manner the following: |
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(1) a completed application on a form supplied by the |
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department and all application materials required by the |
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department; |
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(2) the required permit fee; |
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(3) accurate reports as applicable; and |
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(4) any additional information that the department |
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determines is necessary to process the application. |
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Sec. 12.604. REFUSAL TO ISSUE OR RENEW PERMIT BASED ON |
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CERTAIN PENALTIES OR CONVICTIONS. (a) This section applies only to |
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a determination of whether to issue a permit to or renew a permit |
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for an applicant who has a final conviction or has been assessed an |
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administrative penalty for a violation of: |
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(1) Subchapter C, E, L, R, or R-1, Chapter 43; |
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(2) a provision of this code not described by |
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Subdivision (1) that is punishable as a Class A or B Parks and |
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Wildlife Code misdemeanor, a Parks and Wildlife Code state jail |
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felony, or a Parks and Wildlife Code felony; |
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(3) Section 63.002; or |
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(4) the Lacey Act (16 U.S.C. Sections 3371-3378). |
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(b) In determining whether to issue a permit to or renew a |
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permit for an applicant who has a final conviction or has been |
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assessed an administrative penalty, the department shall consider: |
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(1) the number of convictions or administrative |
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penalties and the seriousness of each conviction; |
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(2) the existence, number, and seriousness of offenses |
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or violations other than offenses or violations that resulted in a |
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final conviction or administrative penalty described by Subsection |
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(a); |
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(3) the length of time between the most recent final |
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conviction or administrative penalty and the permit application; |
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(4) whether the final conviction, administrative |
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penalty, or other offense or violation was the result of negligence |
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or intentional conduct; |
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(5) the applicant's efforts toward rehabilitation; |
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(6) the accuracy of the permit history information |
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provided by the applicant; and |
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(7) other mitigating factors. |
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Sec. 12.605. PROCEDURE FOR REFUSAL TO ISSUE OR RENEW |
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PERMIT. (a) Not later than the 10th day after the date a decision |
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to refuse to issue or renew a permit has been made, the department |
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shall provide to the applicant a written statement of the reasons |
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for the decision. |
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(b) The commission by rule shall adopt procedures |
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consistent with this subchapter for the department's review of a |
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refusal to issue or renew a permit. |
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Sec. 12.606. REVIEW OF REFUSAL TO ISSUE OR RENEW PERMIT. In |
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conducting a review of a decision by the department to refuse to |
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issue or renew a permit, the department shall consider: |
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(1) whether the conduct on which the refusal is based |
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was negligent or intentional; |
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(2) for a refusal based on conduct that is a violation |
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of a provision listed in Section 12.604(a), whether the applicant |
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has a final conviction or has been assessed an administrative |
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penalty based on the conduct; |
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(3) the seriousness of an offense or violation |
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described by Subdivision (2) for which the applicant was finally |
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convicted or assessed an administrative penalty; |
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(4) whether the conduct on which the refusal was based |
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was committed or omitted by the applicant, an agent of the |
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applicant, or both; |
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(5) for a renewal, whether the applicant agreed to any |
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special conditions recommended by the department in lieu of a |
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decision to refuse to issue or renew the expiring permit; |
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(6) whether there is a substantial likelihood that the |
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applicant would repeat the conduct on which the refusal is based; |
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(7) whether the conduct on which the refusal is based |
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involved a threat to public safety; and |
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(8) other mitigating factors. |
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Sec. 12.607. APPEAL OF DEPARTMENT DECISION TO REVOKE, |
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SUSPEND, OR REFUSE PERMIT. (a) Except as provided by this section, |
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the revocation or suspension of a permit is governed by Subchapter |
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F. |
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(b) Venue to appeal a decision of the department refusing to |
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issue or renew a permit or revoking or suspending a permit is a |
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district court in: |
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(1) the county where the permitted facility, if |
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applicable, is located; |
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(2) the county where the permittee resides; or |
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(3) Travis County. |
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(c) The appeal shall be by trial de novo. |
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SECTION 5. Section 43.351, Parks and Wildlife Code, is |
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amended by adding Subdivision (8) to read as follows: |
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(8) "Animal health commission" means the Texas Animal |
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Health Commission. |
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SECTION 6. Section 43.352(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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(b) At the option of the person applying for the issuance or |
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renewal of a permit under this section, the [The] department may |
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issue a permit [under this section] that is valid for [longer than] |
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one year, three years, or five years. A three-year or five-year |
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permit is available only to a person who agrees to submit the annual |
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reports required under this subchapter electronically. The |
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commission may adopt rules allowing the department to terminate a |
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permit before the date originally specified for the permit issuance |
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or renewal if the permit holder fails to submit the annual reports |
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electronically as required for a three-year or five-year permit. |
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SECTION 7. Subchapter L, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Sections 43.3591, 43.3661, 43.370, |
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43.371, and 43.372 to read as follows: |
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Sec. 43.3591. GENETIC TESTING. (a) In this section: |
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(1) "DNA" means deoxyribonucleic acid. |
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(2) "Genetic test" means a laboratory analysis of a |
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deer's genes, gene products, or chromosomes that: |
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(A) analyzes the deer's DNA, RNA, proteins, or |
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chromosomes; and |
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(B) is performed to determine genetically the |
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deer's ancestral lineage or descendants. |
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(3) "RNA" means ribonucleic acid. |
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(b) After an inspection, the department shall notify a deer |
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breeder in writing when the department has reason to believe the |
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deer breeder possesses deer that may pose a disease risk to other |
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deer. The notice must include an explanation of the rationale used |
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to establish the disease risk. |
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(c) If genetic testing is timely conducted, the department |
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must postpone any actions that may be affected by the test results |
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until the test results are available. |
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(d) The results of genetic testing may not be used as |
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evidence to establish a defense against a fine imposed on a deer |
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breeder found guilty of failure to keep records of all deer in a |
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deer breeder facility as required by this subchapter. |
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Sec. 43.3661. RULES. The commission may adopt rules as |
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needed to implement this subchapter. |
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Sec. 43.370. DESTRUCTION OF DEER. (a) To control or |
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prevent the spread of disease, deer held at a deer breeding facility |
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may be destroyed only if: |
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(1) an agent of the animal health commission has |
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conducted an epidemiological assessment; |
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(2) based on the assessment under Subdivision (1), the |
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executive director of the animal health commission determines that |
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the deer pose a threat to the health of other deer or other species, |
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including humans; and |
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(3) the executive director of the animal health |
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commission orders the destruction of the deer. |
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(b) The animal health commission shall provide written |
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notification of an order to destroy deer to: |
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(1) the department; and |
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(2) the applicable deer breeder as provided by Section |
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43.371. |
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(c) The department shall carry out an order to destroy deer |
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after notice has been provided to the applicable deer breeder. The |
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destruction must be conducted in the presence of and under the |
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direction of animal health commission officials. |
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Sec. 43.371. NOTICE OF DEER DESTRUCTION. (a) The animal |
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health commission must provide notice to a deer breeder before the |
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department may destroy any of the deer held at the deer breeder's |
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facility. |
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(b) A notice provided under this section must be sent by |
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certified mail to the last known address of the deer breeder and |
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must contain: |
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(1) the date of destruction, which may not be sooner |
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than the 10th day after the date of the notice; |
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(2) an explanation of any access restrictions imposed |
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on the deer breeder's facility during the destruction of the deer; |
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and |
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(3) an explanation of the reasons for the destruction. |
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Sec. 43.372. COST RECOVERY. The deer breeder shall pay to |
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the department all costs associated with the epidemiological |
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assessment and destruction of deer under this subchapter. The |
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department and the animal health commission shall divide the |
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payment to cover the costs incurred by each agency in carrying out |
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their respective duties under this subchapter. |
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SECTION 8. Subchapter R, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Sections 43.6011, 43.608, 43.609, and |
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43.610 to read as follows: |
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Sec. 43.6011. DEFINITION. In this subchapter, "animal |
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health commission" means the Texas Animal Health Commission. |
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Sec. 43.608. DESTRUCTION OF DEER. (a) To control or |
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prevent the spread of disease, deer on acreage covered by a permit |
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issued under this subchapter may be destroyed only if: |
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(1) an agent of the animal health commission has |
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conducted an epidemiological assessment; |
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(2) based on the assessment under Subdivision (1), the |
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executive director of the animal health commission determines that |
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the deer pose a threat to the health of other deer or other species, |
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including humans; and |
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(3) the executive director of the animal health |
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commission orders the destruction of the deer. |
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(b) The animal health commission shall provide written |
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notification of an order to destroy deer to: |
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(1) the department; and |
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(2) the applicable permit holder as provided by |
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Section 43.609. |
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(c) The department shall carry out an order to destroy deer |
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after notice has been provided to the applicable permit holder. The |
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destruction must be conducted in the presence of and under the |
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direction of animal health commission officials. |
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Sec. 43.609. NOTICE OF DEER DESTRUCTION. (a) The animal |
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health commission must provide notice to a permit holder before the |
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department may destroy any of the deer covered by the permit. |
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(b) A notice provided under this section must be sent by |
|
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certified mail to the last known address of the permit holder and |
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must contain: |
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(1) the date of destruction, which may not be sooner |
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than the 10th day after the date of the notice; |
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(2) an explanation of any access restrictions imposed |
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on the acreage covered by the permit during the destruction of the |
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deer; and |
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(3) an explanation of the reasons for the destruction. |
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Sec. 43.610. COST RECOVERY. The permit holder shall pay to |
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the department all costs associated with the epidemiological |
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assessment and destruction of deer under this subchapter. The |
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department and the animal health commission shall divide the |
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payment to cover the costs incurred by each agency in carrying out |
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their respective duties under this subchapter. |
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SECTION 9. Subchapter R-1, Chapter 43, Parks and Wildlife |
|
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Code, is amended by adding Sections 43.6211, 43.628, 43.629, and |
|
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43.630 to read as follows: |
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Sec. 43.6211. DEFINITION. In this subchapter, "animal |
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health commission" means the Texas Animal Health Commission. |
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Sec. 43.628. DESTRUCTION OF DEER. (a) To control or |
|
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prevent the spread of disease, deer on acreage covered by a permit |
|
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issued under this subchapter may be destroyed only if: |
|
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(1) an agent of the animal health commission has |
|
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conducted an epidemiological assessment; |
|
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(2) based on the assessment under Subdivision (1), the |
|
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executive director of the animal health commission determines that |
|
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the deer pose a threat to the health of other deer or other species, |
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including humans; and |
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(3) the executive director of the animal health |
|
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commission orders the destruction of the deer. |
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(b) The animal health commission shall provide written |
|
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notification of an order to destroy deer to: |
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(1) the department; and |
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(2) the applicable permit holder as provided by |
|
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Section 43.629. |
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(c) The department shall carry out an order to destroy deer |
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after notice has been provided to the applicable permit holder. The |
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destruction must be conducted in the presence of and under the |
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direction of animal health commission officials. |
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Sec. 43.629. NOTICE OF DEER DESTRUCTION. (a) The animal |
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health commission must provide notice to a permit holder before the |
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department may destroy any of the deer covered by the permit. |
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(b) A notice provided under this section must be sent by |
|
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certified mail to the last known address of the permit holder and |
|
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must contain: |
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(1) the date of destruction, which may not be sooner |
|
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than the 10th day after the date of the notice; |
|
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(2) an explanation of any access restrictions imposed |
|
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on the acreage covered by the permit during the destruction of the |
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deer; and |
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(3) an explanation of the reasons for the destruction. |
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Sec. 43.630. COST RECOVERY. The permit holder shall pay to |
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the department all costs associated with the epidemiological |
|
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assessment and destruction of deer under this subchapter. The |
|
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department and the animal health commission shall divide the |
|
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payment to cover the costs incurred by each agency in carrying out |
|
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their respective duties under this subchapter. |
|
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SECTION 10. (a) Except as provided by Subsection (b) of |
|
|
this section, Subchapter G, Chapter 12, Parks and Wildlife Code, as |
|
|
added by this Act, applies only to a permit that is issued or |
|
|
renewed on or after the effective date of this Act. A permit issued |
|
|
or renewed before the effective date of this Act is governed by the |
|
|
law as it existed immediately before the effective date of this Act, |
|
|
and that law is continued in effect for that purpose. |
|
|
(b) Section 12.607, Parks and Wildlife Code, as added by |
|
|
this Act, applies only to an appeal of a decision of the Parks and |
|
|
Wildlife Department refusing to issue or renew a permit or revoking |
|
|
or suspending a permit that is filed on or after the effective date |
|
|
of this Act. An appeal filed before the effective date of this Act |
|
|
is governed by the law in effect on the date the appeal was filed, |
|
|
and that law is continued in effect for that purpose. |
|
|
SECTION 11. Section 43.3591(d), Parks and Wildlife Code, as |
|
|
added 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. |
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SECTION 12. This Act takes effect September 1, 2013. |