Bill Text: TX SB820 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the management, breeding, and destruction of deer and to procedures regarding certain deer permits.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2013-05-18 - Effective on 9/1/13 [SB820 Detail]
Download: Texas-2013-SB820-Enrolled.html
S.B. No. 820 |
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relating to the management, breeding, and destruction of deer and | ||
to procedures regarding certain deer permits. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsection (b), Section 12.501, Parks and | ||
Wildlife Code, is amended to read as follows: | ||
(b) The director may suspend or revoke an original or | ||
renewal permit or license issued under this code if it is found, | ||
after notice and hearing, that: | ||
(1) the permittee or licensee has been finally | ||
convicted of a violation of this code or proclamation or regulation | ||
adopted under this code relating to the permit or license to be | ||
suspended or revoked; | ||
(2) the permittee or licensee violated a provision of | ||
this code or proclamation or regulation adopted under this code | ||
relating to the permit or license to be suspended or revoked; | ||
(3) the permittee or licensee made a false or | ||
misleading statement in connection with the permittee's or | ||
licensee's [ |
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formal application itself or in any other written instrument | ||
relating to the application submitted to the commission or its | ||
officers or employees; | ||
(4) the permittee or licensee is indebted to the state | ||
for taxes, fees, or payment of penalties imposed by this code or by | ||
a commission rule relating to a permit or license to be suspended or | ||
revoked; or | ||
(5) the permittee or licensee is liable to the state | ||
under Section 12.301. | ||
SECTION 2. Section 12.506, Parks and Wildlife Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) This section does not apply to the appeal of a decision | ||
by the department refusing to issue or renew a permit to which | ||
Subchapter G applies. | ||
SECTION 3. Chapter 12, Parks and Wildlife Code, is amended | ||
by adding Subchapter G to read as follows: | ||
SUBCHAPTER G. REFUSAL TO ISSUE OR RENEW CERTAIN PERMITS RELATING TO | ||
THE CONTROL, BREEDING, OR MANAGEMENT OF DEER; APPEAL OF CERTAIN | ||
DECISIONS | ||
Sec. 12.601. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies only to the following permits: | ||
(1) a trap, transport, and transplant permit under | ||
Section 43.061 or 43.0611; | ||
(2) a trap, transport, and process permit under | ||
Section 43.0612; | ||
(3) a deer breeder's permit under Subchapter L, | ||
Chapter 43; | ||
(4) a white-tailed deer management permit under | ||
Subchapter R, Chapter 43; and | ||
(5) a mule deer management permit under Subchapter | ||
R-1, Chapter 43. | ||
Sec. 12.602. DEFINITIONS. In this subchapter: | ||
(1) "Applicant" means a person who has applied for a | ||
new or renewal permit. | ||
(2) "Final conviction" means a final judgment of | ||
guilt, the granting of deferred adjudication or pretrial diversion, | ||
or the entering of a plea of guilty or nolo contendere. | ||
Sec. 12.603. GENERAL CIRCUMSTANCES FOR REFUSAL TO ISSUE OR | ||
RENEW PERMIT. The department may refuse to issue or renew a permit | ||
if the applicant fails to submit in a timely manner the following: | ||
(1) a completed application on a form supplied by the | ||
department and all application materials required by the | ||
department; | ||
(2) the required permit fee; | ||
(3) accurate reports as applicable; and | ||
(4) any additional information that the department | ||
determines is necessary to process the application. | ||
Sec. 12.604. CONSIDERATIONS FOR ISSUANCE OR RENEWAL OF | ||
PERMIT; APPLICANT WITH PRIOR PENALTIES OR CONVICTIONS. (a) This | ||
section applies only to a determination of whether to issue a permit | ||
to or renew a permit for an applicant who has a final conviction or | ||
has been assessed an administrative penalty for a violation of: | ||
(1) Subchapter C, E, L, R, or R-1, Chapter 43; | ||
(2) a provision of this code not described by | ||
Subdivision (1) that is punishable as a Class A or B Parks and | ||
Wildlife Code misdemeanor, a Parks and Wildlife Code state jail | ||
felony, or a Parks and Wildlife Code felony; | ||
(3) Section 63.002; or | ||
(4) the Lacey Act (16 U.S.C. Sections 3371-3378). | ||
(b) In determining whether to issue a permit to or renew a | ||
permit for an applicant who has a final conviction or has been | ||
assessed an administrative penalty, the department shall consider: | ||
(1) the number of final convictions or administrative | ||
penalties; | ||
(2) the seriousness of the conduct on which the final | ||
conviction or administrative penalty is based; | ||
(3) the existence, number, and seriousness of offenses | ||
or violations other than offenses or violations that resulted in a | ||
final conviction or administrative penalty described by Subsection | ||
(a); | ||
(4) the length of time between the most recent final | ||
conviction or administrative penalty and the permit application; | ||
(5) whether the final conviction, administrative | ||
penalty, or other offense or violation was the result of negligence | ||
or intentional conduct; | ||
(6) whether the final conviction or administrative | ||
penalty resulted from conduct committed or omitted by the | ||
applicant, an agent of the applicant, or both; | ||
(7) the accuracy of the permit history information | ||
provided by the applicant; | ||
(8) for a renewal, whether the applicant agreed to any | ||
special provisions recommended by the department as conditions to | ||
the expiring permit; and | ||
(9) other mitigating factors. | ||
Sec. 12.605. PROCEDURE FOR REFUSAL TO ISSUE OR RENEW | ||
PERMIT. (a) Not later than the 10th day after the date a decision | ||
to refuse to issue or renew a permit has been made, the department | ||
shall provide to the applicant a written statement of the reasons | ||
for the decision. | ||
(b) The commission by rule shall adopt procedures | ||
consistent with this subchapter for the department's review of a | ||
refusal to issue or renew a permit. | ||
Sec. 12.606. REVIEW OF REFUSAL TO ISSUE OR RENEW PERMIT. In | ||
conducting a review of a decision by the department to refuse to | ||
issue or renew a permit, the department shall consider: | ||
(1) any applicable factors listed under Section | ||
12.604; | ||
(2) the applicant's efforts toward rehabilitation; | ||
(3) whether there is a substantial likelihood that the | ||
applicant would repeat the conduct on which the refusal is based; | ||
(4) whether the conduct on which the refusal is based | ||
involved a threat to public safety; and | ||
(5) other mitigating factors. | ||
Sec. 12.607. APPEAL OF DEPARTMENT DECISION REFUSING TO | ||
ISSUE OR RENEW PERMIT. (a) Venue to appeal a decision of the | ||
department refusing to issue or renew a permit is a district court | ||
in Travis County. | ||
(b) The appeal shall be by trial de novo. | ||
SECTION 4. Section 43.352, Parks and Wildlife Code, is | ||
amended by amending Subsection (b) and adding Subsections (c) and | ||
(d) to read as follows: | ||
(b) At the option of the person applying for the issuance or | ||
renewal of a permit under this section, the [ |
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issue a permit [ |
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one year, three years, or five years. | ||
(c) A three-year or five-year permit is available only to a | ||
person who: | ||
(1) has held a deer breeder's permit for the three | ||
consecutive permit years immediately preceding the date of the | ||
application for a three-year or five-year permit; | ||
(2) agrees to submit the annual reports required under | ||
this subchapter electronically; and | ||
(3) meets any other criteria established by rule of | ||
the commission. | ||
(d) The commission may adopt rules allowing the department | ||
to revoke a three-year or five-year permit before the date | ||
specified for expiration of the permit if the permit holder fails to | ||
submit the annual reports electronically as required. | ||
SECTION 5. Subchapter L, Chapter 43, Parks and Wildlife | ||
Code, is amended by adding Section 43.3591 to read as follows: | ||
Sec. 43.3591. GENETIC TESTING. (a) In this section: | ||
(1) "DNA" means deoxyribonucleic acid. | ||
(2) "Genetic test" means a laboratory analysis of a | ||
deer's genes, gene products, or chromosomes that: | ||
(A) analyzes the deer's DNA, RNA, proteins, or | ||
chromosomes; and | ||
(B) is performed to determine genetically the | ||
deer's ancestral lineage or descendants. | ||
(3) "RNA" means ribonucleic acid. | ||
(b) After an inspection, the department shall notify a deer | ||
breeder in writing when the department has reason to believe the | ||
deer breeder possesses deer that may pose a disease risk to other | ||
deer. The notice must include an explanation of the rationale used | ||
to establish the disease risk. | ||
(c) If genetic testing is timely conducted, the department | ||
must postpone any actions that may be affected by the test results | ||
until the test results are available. | ||
(d) The results of genetic testing may not be used as | ||
evidence to establish a defense against a fine imposed on a deer | ||
breeder found guilty of failure to keep records of all deer in a | ||
deer breeder facility as required by this subchapter. | ||
(e) The commission shall adopt rules as needed to implement | ||
this section. | ||
SECTION 6. Chapter 43, Parks and Wildlife Code, is amended | ||
by adding Subchapter X to read as follows: | ||
SUBCHAPTER X. DEER DISPOSITION PROTOCOL | ||
Sec. 43.951. APPLICABILITY. This subchapter applies only | ||
to the disposition of the following deer: | ||
(1) deer held at a facility covered by a permit issued | ||
under Subchapter L; | ||
(2) deer on acreage covered by a permit issued under | ||
Subchapter R; and | ||
(3) deer on acreage covered by a permit issued under | ||
Subchapter R-1. | ||
Sec. 43.952. DEFINITIONS. In this subchapter: | ||
(1) "Animal health commission" means the Texas Animal | ||
Health Commission. | ||
(2) "Permit" means a permit issued under Subchapter L, | ||
R, or R-1. | ||
(3) "Permit holder" means a person to whom a permit is | ||
issued under Subchapter L, R, or R-1. | ||
Sec. 43.953. DESTRUCTION OF DEER. (a) Before any deer may | ||
be destroyed under this subchapter: | ||
(1) an agent of the animal health commission may | ||
conduct an epidemiological assessment: | ||
(A) if the assessment can be conducted in a | ||
timely manner; and | ||
(B) contingent on the availability of funding; | ||
and | ||
(2) the department must consider the results of an | ||
assessment, if conducted, under Subdivision (1). | ||
(b) To control or prevent the spread of disease, deer to | ||
which this subchapter applies may be destroyed only if the | ||
department determines that the deer pose a threat to the health of | ||
other deer or other species, including humans. | ||
(c) The department shall carry out an order to destroy deer | ||
after notice has been provided to the permit holder under Section | ||
43.954. | ||
Sec. 43.954. NOTICE OF DEER DESTRUCTION. (a) The | ||
department must provide written notice of an order to destroy deer | ||
to a permit holder before the department may destroy any of the deer | ||
covered by the permit holder's permit. | ||
(b) A notice provided under this section must be sent by | ||
certified mail to the last known address of the permit holder and | ||
must contain: | ||
(1) the date of destruction, which may not be sooner | ||
than the 10th day after the date of the notice; | ||
(2) an explanation of any access restrictions imposed | ||
on the facility or acreage covered by the permit during the | ||
destruction of the deer; and | ||
(3) an explanation of the reasons for the destruction, | ||
including the results of any epidemiological assessment conducted | ||
under Section 43.953(a) applicable to the deer that are the subject | ||
of the notice. | ||
(c) The permit holder may waive the notice requirements of | ||
this section. | ||
Sec. 43.955. COST RECOVERY. The applicable permit holder | ||
shall pay all costs associated with: | ||
(1) an epidemiological assessment conducted under | ||
this subchapter to the animal health commission; and | ||
(2) the destruction of deer under this subchapter to | ||
the department. | ||
SECTION 7. (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 an application for the issuance | ||
or renewal of a permit submitted to the Parks and Wildlife | ||
Department on or after the effective date of this Act. An | ||
application submitted 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 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 8. Subsection (d), Section 43.3591, 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. | ||
SECTION 9. Not later than September 1, 2014, the Parks and | ||
Wildlife Commission shall adopt rules as needed to implement | ||
Subchapter G, Chapter 12, Parks and Wildlife Code, as added by this | ||
Act. | ||
SECTION 10. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 820 passed the Senate on | ||
April 4, 2013, by the following vote: Yeas 30, Nays 0; and that | ||
the Senate concurred in House amendment on May 8, 2013, by the | ||
following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 820 passed the House, with | ||
amendment, on May 2, 2013, by the following vote: Yeas 147, Nays 0, | ||
two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |