S.B. No. 820

	AN ACT
	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 [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 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 [The] department may
	issue a permit [under this section] that is valid for [longer than]
	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