Texas 2011 - 82nd Regular

Texas House Bill HB1026 Compare Versions

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1	1	82R19595 SLB-D
2	2	By: Phillips H.B. No. 1026
3	3	Substitute the following for H.B. No. 1026:
4	4	By: Price C.S.H.B. No. 1026
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to procedures relating to the issuance and renewal of, and
10	10	certain notice requirements associated with, certain deer permits.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 12.501(b), Parks and Wildlife Code, is
13	13	amended to read as follows:
14	14	(b) Except as provided by Subchapter G, the [The] director
15	15	may suspend or revoke an original or renewal permit or license
16	16	issued under this code if it is found, after notice and hearing,
17	17	that:
18	18	(1) the permittee or licensee has been finally
19	19	convicted of a violation of this code or proclamation or regulation
20	20	adopted under this code relating to the permit or license to be
21	21	suspended or revoked;
22	22	(2) the permittee or licensee violated a provision of
23	23	this code or proclamation or regulation adopted under this code
24	24	relating to the permit or license to be suspended or revoked;
25	25	(3) the permittee or licensee made a false or
26	26	misleading statement in connection with the permittee's or
27	27	licensee's [his] original or renewal application, either in the
28	28	formal application itself or in any other written instrument
29	29	relating to the application submitted to the commission or its
30	30	officers or employees;
31	31	(4) the permittee or licensee is indebted to the state
32	32	for taxes, fees, or payment of penalties imposed by this code or by
33	33	a commission rule relating to a permit or license to be suspended or
34	34	revoked; or
35	35	(5) the permittee or licensee is liable to the state
36	36	under Section 12.301.
37	37	SECTION 2. Section 12.506, Parks and Wildlife Code, is
38	38	amended by adding Subsection (c) to read as follows:
39	39	(c) This section does not apply to a permit to which
40	40	Subchapter G applies.
41	41	SECTION 3. Section 12.508(b), Parks and Wildlife Code, is
42	42	amended to read as follows:
43	43	(b) Except as provided by Subchapter G, the [The] department
44	44	may refuse to issue or transfer an original or renewal license,
45	45	permit, or tag if the applicant or transferee:
46	46	(1) has been finally convicted of a violation under
47	47	this code or a rule adopted or a proclamation issued under this
48	48	code;
49	49	(2) is liable to the state under Section 12.301; and
50	50	(3) has failed to fully pay the amount due under
51	51	Section 12.301 after the department has issued notice of liability
52	52	to the applicant or transferee.
53	53	SECTION 4. Chapter 12, Parks and Wildlife Code, is amended
54	54	by adding Subchapter G to read as follows:
55	55	SUBCHAPTER G. REFUSAL TO ISSUE OR RENEW AND APPEAL OF CERTAIN
56	56	DECISIONS REGARDING CERTAIN PERMITS RELATING TO THE CONTROL,
57	57	BREEDING, OR MANAGEMENT OF DEER
58	58	Sec. 12.601. APPLICABILITY OF SUBCHAPTER. This subchapter
59	59	applies only to the following permits:
60	60	(1) a trap, transport, and transplant permit under
61	61	Section 43.061 or 43.0611;
62	62	(2) a trap, transport, and process permit under
63	63	Section 43.0612;
64	64	(3) a deer breeder's permit under Subchapter L,
65	65	Chapter 43; and
66	66	(4) a deer management permit under Subchapter R,
67	67	Chapter 43.
68	68	Sec. 12.602. DEFINITIONS. In this subchapter:
69	69	(1) "Applicant" means a person who has applied for a
70	70	new or renewal permit.
71	71	(2) "Final conviction" means a final judgment of
72	72	guilt, the granting of deferred adjudication or pretrial diversion,
73	73	or the entering of a plea of guilty or nolo contendere.
74	74	(3) "Permittee" means a person to whom a permit has
75	75	been issued, including each member of a partnership or association,
76	76	an agent acting on behalf of a partnership or association, each
77	77	officer of a corporation, and the owner of a majority of a
78	78	corporation's corporate stock.
79	79	Sec. 12.603. GENERAL CIRCUMSTANCES FOR REFUSAL TO ISSUE OR
80	80	RENEW PERMIT. The department may refuse to issue or renew a permit
81	81	if the applicant fails to submit in a timely manner the following:
82	82	(1) a completed application on a form supplied by the
83	83	department and all application materials required by the
84	84	department;
85	85	(2) the required permit fee;
86	86	(3) accurate reports as applicable; and
87	87	(4) any additional information that the department
88	88	determines is necessary to process the application.
89	89	Sec. 12.604. REFUSAL TO ISSUE OR RENEW PERMIT BASED ON
90	90	CERTAIN CONVICTIONS. (a) This section applies only to a
91	91	determination of whether to issue a permit to or renew a permit for
92	92	an applicant who has a final conviction for a violation of:
93	93	(1) Subchapter C, E, L, or R, Chapter 43;
94	94	(2) a provision of this code not described by
95	95	Subdivision (1) that is punishable as a Class A or B Parks and
96	96	Wildlife Code misdemeanor, a Parks and Wildlife Code state jail
97	97	felony, or a Parks and Wildlife Code felony;
98	98	(3) Section 63.002; or
99	99	(4) the Lacey Act (16 U.S.C. Sections 3371-3378).
100	100	(b) In determining whether to issue a permit to or renew a
101	101	permit for an applicant with a final conviction, the department
102	102	shall consider:
103	103	(1) the number of convictions and the seriousness of
104	104	each conviction;
105	105	(2) the existence, number, and seriousness of offenses
106	106	or violations other than offenses or violations that resulted in a
107	107	final conviction described by Subsection (a);
108	108	(3) the length of time between the most recent final
109	109	conviction and the permit application;
110	110	(4) whether the final conviction or other offense or
111	111	violation was the result of negligence or intentional conduct;
112	112	(5) the applicant's efforts toward rehabilitation;
113	113	(6) the accuracy of the permit history information
114	114	provided by the applicant; and
115	115	(7) other mitigating factors.
116	116	Sec. 12.605. PROCEDURE FOR REFUSAL TO ISSUE OR RENEW
117	117	PERMIT. (a) Not later than the 10th day after the date a decision
118	118	to refuse to issue or renew a permit has been made, the department
119	119	shall provide to the applicant a written statement of the reasons
120	120	for the decision.
121	121	(b) The commission by rule shall adopt procedures
122	122	consistent with this subchapter for the department's review of a
123	123	refusal to issue or renew a permit.
124	124	Sec. 12.606. REVIEW OF REFUSAL TO ISSUE OR RENEW PERMIT. In
125	125	conducting a review of a decision by the department to refuse to
126	126	issue or renew a permit, the department shall consider:
127	127	(1) whether the conduct on which the refusal is based
128	128	was negligent or intentional;
129	129	(2) for a refusal based on conduct that is a violation
130	130	of a provision listed in Section 12.604(a), whether the applicant
131	131	has a final conviction based on the conduct;
132	132	(3) the seriousness of an offense described by
133	133	Subdivision (2) for which the applicant was finally convicted;
134	134	(4) whether the conduct on which the refusal was based
135	135	was committed or omitted by the applicant, an agent of the
136	136	applicant, or both;
137	137	(5) for a renewal, whether the applicant agreed to any
138	138	special conditions recommended by the department in lieu of a
139	139	decision to refuse to issue or renew the expiring permit;
140	140	(6) whether there is a substantial likelihood that the
141	141	applicant would repeat the conduct on which the refusal is based;
142	142	(7) whether the conduct on which the refusal is based
143	143	involved a threat to public safety; and
144	144	(8) other mitigating factors.
145	145	Sec. 12.607. APPEAL OF DEPARTMENT DECISION TO REVOKE,
146	146	SUSPEND, OR REFUSE PERMIT. (a) Except as provided by this section,
147	147	the revocation or suspension of a permit is governed by Subchapter
148	148	F.
149	149	(b) Venue for an appeal from a decision of the department
150	150	refusing to issue or renew a permit or revoking or suspending a
151	151	permit is a district court in:
152	152	(1) the county where the permitted facility, if
153	153	applicable, is located;
154	154	(2) the county where the permittee resides; or
155	155	(3) Travis County.
156	156	(c) The appeal shall be by trial de novo.
157	157	SECTION 5. Subchapter L, Chapter 43, Parks and Wildlife
158	158	Code, is amended by adding Section 43.370 to read as follows:
159	159	Sec. 43.370. NOTICE OF DEPARTMENT DESTRUCTION OR REMOVAL OF
160	160	DEER. (a) The department must provide notice to a deer breeder
161	161	before the department destroys or removes any breeder deer from a
162	162	facility permitted under this subchapter.
163	163	(b) A notice provided under this section must be sent by
164	164	certified mail to the last known address of the deer breeder and
165	165	must contain:
166	166	(1) a short statement identifying the deer to be
167	167	destroyed or removed;
168	168	(2) the approximate date of destruction or removal,
169	169	which may not be sooner than the 10th day after the date of the
170	170	notice; and
171	171	(3) the reasons for the destruction or removal.
172	172	SECTION 6. Subchapter R, Chapter 43, Parks and Wildlife
173	173	Code, is amended by adding Section 43.6055 to read as follows:
174	174	Sec. 43.6055. NOTICE OF DEPARTMENT DESTRUCTION OR REMOVAL
175	175	OF DEER. (a) The department must provide notice to a permit holder
176	176	before the department destroys or removes any deer from the acreage
177	177	covered by the permit.
178	178	(b) A notice provided under this section must be sent by
179	179	certified mail to the last known address of the permit holder and
180	180	must contain:
181	181	(1) a short statement identifying the deer to be
182	182	destroyed or removed;
183	183	(2) the approximate date of destruction or removal,
184	184	which may not be sooner than the 10th day after the date of the
185	185	notice; and
186	186	(3) the reasons for the destruction or removal.
187	187	SECTION 7. (a) Except as provided by Subsection (b) of
188	188	this section, the changes in law made by this Act apply only to a
189	189	permit to which Subchapter G, Chapter 12, Parks and Wildlife Code,
190	190	as added by this Act, applies that is issued or renewed on or after
191	191	the effective date of this Act. A permit issued or renewed before
192	192	the effective date of this Act is governed by the law as it existed
193	193	immediately before the effective date of this Act, and that law is
194	194	continued in effect for that purpose.
195	195	(b) Section 12.607, Parks and Wildlife Code, as added by
196	196	this Act, applies only to an appeal from a decision of the Parks and
197	197	Wildlife Department refusing to issue or renew a permit or revoking
198	198	or suspending a permit that is filed on or after the effective date
199	199	of this Act. An appeal filed before the effective date of this Act
200	200	is governed by the law in effect on the date the appeal was filed,
201	201	and that law is continued in effect for that purpose.
202	202	SECTION 8. This Act takes effect September 1, 2011.