By: Williams, Campbell S.B. No. 820
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to procedures relating to the issuance and renewal of, and
  certain notice requirements associated with, 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)  Except as provided by Subchapter G, the [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 [his] original or renewal application, either in the
  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 a permit to which
  Subchapter G applies.
         SECTION 3.  Subsection (b), Section 12.508, Parks and
  Wildlife Code, is amended to read as follows:
         (b)  Except as provided by Subchapter G, the [The] department
  may refuse to issue or transfer an original or renewal license,
  permit, or tag if the applicant or transferee:
               (1)  has been finally convicted of a violation under
  this code or a rule adopted or a proclamation issued under this
  code;
               (2)  is liable to the state under Section 12.301; and
               (3)  has failed to fully pay the amount due under
  Section 12.301 after the department has issued notice of liability
  to the applicant or transferee.
         SECTION 4.  Chapter 12, Parks and Wildlife Code, is amended
  by adding Subchapter G to read as follows:
  SUBCHAPTER G.  REFUSAL TO ISSUE OR RENEW AND APPEAL OF CERTAIN
  DECISIONS REGARDING CERTAIN PERMITS RELATING TO THE CONTROL,
  BREEDING, OR MANAGEMENT OF DEER
         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.
               (3)  "Permittee" means a person to whom a permit has
  been issued, including each member of a partnership or association,
  an agent acting on behalf of a partnership or association, each
  officer of a corporation, and the owner of a majority of a
  corporation's corporate stock.
         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.  REFUSAL TO ISSUE OR RENEW PERMIT BASED ON
  CERTAIN 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 Amendments of 1981 (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 convictions or administrative
  penalties and the seriousness of each conviction;
               (2)  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);
               (3)  the length of time between the most recent final
  conviction or administrative penalty and the permit application;
               (4)  whether the final conviction, administrative
  penalty, or other offense or violation was the result of negligence
  or intentional conduct;
               (5)  the applicant's efforts toward rehabilitation;
               (6)  the accuracy of the permit history information
  provided by the applicant; and
               (7)  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)  whether the conduct on which the refusal is based
  was negligent or intentional;
               (2)  for a refusal based on conduct that is a violation
  of a provision listed in Section 12.604(a), whether the applicant
  has a final conviction or has been assessed an administrative
  penalty based on the conduct;
               (3)  the seriousness of an offense or violation
  described by Subdivision (2) for which the applicant was finally
  convicted or assessed an administrative penalty;
               (4)  whether the conduct on which the refusal was based
  was committed or omitted by the applicant, an agent of the
  applicant, or both;
               (5)  for a renewal, whether the applicant agreed to any
  special conditions recommended by the department in lieu of a
  decision to refuse to issue or renew the expiring permit;
               (6)  whether there is a substantial likelihood that the
  applicant would repeat the conduct on which the refusal is based;
               (7)  whether the conduct on which the refusal is based
  involved a threat to public safety; and
               (8)  other mitigating factors.
         Sec. 12.607.  APPEAL OF DEPARTMENT DECISION TO REVOKE,
  SUSPEND, OR REFUSE PERMIT. (a)  Except as provided by this
  section, the revocation or suspension of a permit is governed by
  Subchapter F.
         (b)  Venue for appealing a decision of the department
  refusing to issue or renew a permit or revoking or suspending a
  permit is a district court in Travis County.
         (c)  The appeal shall be by trial de novo.
         SECTION 5.  Subchapter L, Chapter 43, Parks and Wildlife
  Code, is amended by adding Section 43.370 to read as follows:
         Sec. 43.370.  NOTICE OF DEPARTMENT DESTRUCTION OR REMOVAL OF
  DEER. (a)  The department must provide notice to a deer breeder
  before the department destroys or removes any breeder deer from a
  facility permitted under this subchapter.
         (b)  A notice provided under this section must be sent by
  certified mail to the last known address of the deer breeder and
  must contain:
               (1)  a short statement identifying the specific deer to
  be destroyed or removed;
               (2)  the approximate date of destruction or removal,
  which may not be sooner than the 10th day after the date of the
  notice; and
               (3)  the reasons for the destruction or removal.
         (c)  The deer breeder may waive the 10-day waiting period
  required under Subsection (b)(2).
         SECTION 6.  Subchapter R, Chapter 43, Parks and Wildlife
  Code, is amended by adding Section 43.6055 to read as follows:
         Sec. 43.6055.  NOTICE OF DEPARTMENT DESTRUCTION OR REMOVAL
  OF DEER.  (a)  The department must provide notice to a permit holder
  before the department destroys or removes any deer from the acreage
  covered by the 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)  a short statement identifying the specific deer to
  be destroyed or removed;
               (2)  the approximate date of destruction or removal,
  which may not be sooner than the 10th day after the date of the
  notice; and
               (3)  the reasons for the destruction or removal.
         (c)  The permit holder may waive the 10-day waiting period
  required under Subsection (b)(2).
         SECTION 7.  Subchapter R-1, Chapter 43, Parks and Wildlife
  Code, is amended by adding Section 43.6255 to read as follows:
         Sec. 43.6255.  NOTICE OF DEPARTMENT DESTRUCTION OR REMOVAL
  OF DEER.  (a)  The department must provide notice to a permit holder
  before the department destroys or removes any deer from the acreage
  covered by the 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)  a short statement identifying the specific deer to
  be destroyed or removed;
               (2)  the approximate date of destruction or removal,
  which may not be sooner than the 10th day after the date of the
  notice; and
               (3)  the reasons for the destruction or removal.
         (c)  The permit holder may waive the 10-day waiting period
  required under Subsection (b)(2).
         SECTION 8.  (a)  Except as provided by Subsection (b) of
  this section, the changes in law made by this Act apply only to a
  permit to which Subchapter G, Chapter 12, Parks and Wildlife Code,
  as added by this Act, applies 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 from 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 9.  This Act takes effect September 1, 2013.