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  83R23369 SGA-D
 
  By: Williams, et al. S.B. No. 820
 
  (Guillen)
 
  Substitute the following for S.B. No. 820:  No.
 
 
 
A BILL TO BE ENTITLED
 
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.  Section 12.501(b), 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.  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.
         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.