83R1096 SGA-D
 
  By: Williams S.B. No. 820
 
 
 
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)  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.  Section 12.508(b), 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 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.
               (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 (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 to appeal a decision of the department refusing to
  issue or renew a permit or revoking or suspending a permit is a
  district court in:
               (1)  the county where the permitted facility, if
  applicable, is located;
               (2)  the county where the permittee resides; or
               (3)  Travis County.
         (c)  The appeal shall be by trial de novo.
         SECTION 5.  Section 43.351, Parks and Wildlife Code, is
  amended by adding Subdivision (8) to read as follows:
               (8)  "Animal health commission" means the Texas Animal
  Health Commission.
         SECTION 6.  Section 43.352(b), Parks and Wildlife Code, is
  amended 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.  A three-year or five-year
  permit is available only to a person who agrees to submit the annual
  reports required under this subchapter electronically.  The
  commission may adopt rules allowing the department to terminate a
  permit before the date originally specified for the permit issuance
  or renewal if the permit holder fails to submit the annual reports
  electronically as required for a three-year or five-year permit.
         SECTION 7.  Subchapter L, Chapter 43, Parks and Wildlife
  Code, is amended by adding Sections 43.3591, 43.3661, 43.370,
  43.371, and 43.372 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.
         Sec. 43.3661.  RULES.  The commission may adopt rules as
  needed to implement this subchapter.
         Sec. 43.370.  DESTRUCTION OF DEER.  (a)  To control or
  prevent the spread of disease, deer held at a deer breeding facility
  may be destroyed only if:
               (1)  an agent of the animal health commission has
  conducted an epidemiological assessment;
               (2)  based on the assessment under Subdivision (1), the
  executive director of the animal health commission determines that
  the deer pose a threat to the health of other deer or other species,
  including humans; and
               (3)  the executive director of the animal health
  commission orders the destruction of the deer.
         (b)  The animal health commission shall provide written
  notification of an order to destroy deer to:
               (1)  the department; and
               (2)  the applicable deer breeder as provided by Section
  43.371.
         (c)  The department shall carry out an order to destroy deer
  after notice has been provided to the applicable deer breeder. The
  destruction must be conducted in the presence of and under the
  direction of animal health commission officials.
         Sec. 43.371.  NOTICE OF DEER DESTRUCTION.  (a)  The animal
  health commission must provide notice to a deer breeder before the
  department may destroy any of the deer held at the deer breeder's
  facility.
         (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)  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 deer breeder's facility during the destruction of the deer;
  and
               (3)  an explanation of the reasons for the destruction.
         Sec. 43.372.  COST RECOVERY.  The deer breeder shall pay to
  the department all costs associated with the epidemiological
  assessment and destruction of deer under this subchapter.  The
  department and the animal health commission shall divide the
  payment to cover the costs incurred by each agency in carrying out
  their respective duties under this subchapter.
         SECTION 8.  Subchapter R, Chapter 43, Parks and Wildlife
  Code, is amended by adding Sections 43.6011, 43.608, 43.609, and
  43.610 to read as follows:
         Sec. 43.6011.  DEFINITION.  In this subchapter, "animal
  health commission" means the Texas Animal Health Commission.
         Sec. 43.608.  DESTRUCTION OF DEER.  (a)  To control or
  prevent the spread of disease, deer on acreage covered by a permit
  issued under this subchapter may be destroyed only if:
               (1)  an agent of the animal health commission has
  conducted an epidemiological assessment;
               (2)  based on the assessment under Subdivision (1), the
  executive director of the animal health commission determines that
  the deer pose a threat to the health of other deer or other species,
  including humans; and
               (3)  the executive director of the animal health
  commission orders the destruction of the deer.
         (b)  The animal health commission shall provide written
  notification of an order to destroy deer to:
               (1)  the department; and
               (2)  the applicable permit holder as provided by
  Section 43.609.
         (c)  The department shall carry out an order to destroy deer
  after notice has been provided to the applicable permit holder.  The
  destruction must be conducted in the presence of and under the
  direction of animal health commission officials.
         Sec. 43.609.  NOTICE OF DEER DESTRUCTION.  (a)  The animal
  health commission must provide notice to a permit holder before the
  department may destroy any of the deer 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)  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 acreage covered by the permit during the destruction of the
  deer; and
               (3)  an explanation of the reasons for the destruction.
         Sec. 43.610.  COST RECOVERY.  The permit holder shall pay to
  the department all costs associated with the epidemiological
  assessment and destruction of deer under this subchapter.  The
  department and the animal health commission shall divide the
  payment to cover the costs incurred by each agency in carrying out
  their respective duties under this subchapter.
         SECTION 9.  Subchapter R-1, Chapter 43, Parks and Wildlife
  Code, is amended by adding Sections 43.6211, 43.628, 43.629, and
  43.630 to read as follows:
         Sec. 43.6211.  DEFINITION.  In this subchapter, "animal
  health commission" means the Texas Animal Health Commission.
         Sec. 43.628.  DESTRUCTION OF DEER.  (a)  To control or
  prevent the spread of disease, deer on acreage covered by a permit
  issued under this subchapter may be destroyed only if:
               (1)  an agent of the animal health commission has
  conducted an epidemiological assessment;
               (2)  based on the assessment under Subdivision (1), the
  executive director of the animal health commission determines that
  the deer pose a threat to the health of other deer or other species,
  including humans; and
               (3)  the executive director of the animal health
  commission orders the destruction of the deer.
         (b)  The animal health commission shall provide written
  notification of an order to destroy deer to:
               (1)  the department; and
               (2)  the applicable permit holder as provided by
  Section 43.629.
         (c)  The department shall carry out an order to destroy deer
  after notice has been provided to the applicable permit holder.  The
  destruction must be conducted in the presence of and under the
  direction of animal health commission officials.
         Sec. 43.629.  NOTICE OF DEER DESTRUCTION.  (a)  The animal
  health commission must provide notice to a permit holder before the
  department may destroy any of the deer 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)  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 acreage covered by the permit during the destruction of the
  deer; and
               (3)  an explanation of the reasons for the destruction.
         Sec. 43.630.  COST RECOVERY.  The permit holder shall pay to
  the department all costs associated with the epidemiological
  assessment and destruction of deer under this subchapter.  The
  department and the animal health commission shall divide the
  payment to cover the costs incurred by each agency in carrying out
  their respective duties under this subchapter.
         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.
         SECTION 12.  This Act takes effect September 1, 2013.