Texas 2011 - 82nd Regular

Texas House Bill HB3778 Compare Versions

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Old	New	Differences
1	1	82R23803 SGA-D
2	2	By: Guillen H.B. No. 3778
3	3	Substitute the following for H.B. No. 3778:
4	4	By: Guillen C.S.H.B. No. 3778
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the destruction of deer covered by a deer breeder permit
10	10	or deer management permit.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 43.351, Parks and Wildlife Code, is
13	13	amended by adding Subdivision (8) to read as follows:
14	14	(8) "Animal health commission" means the Texas Animal
15	15	Health Commission.
16	16	SECTION 2. Subchapter L, Chapter 43, Parks and Wildlife
17	17	Code, is amended by adding Sections 43.3591 and 43.3661 to read as
18	18	follows:
19	19	Sec. 43.3591. GENETIC TESTING. (a) In this section:
20	20	(1) "DNA" means deoxyribonucleic acid.
21	21	(2) "Genetic test" means a laboratory analysis of a
22	22	deer's genes, gene products, or chromosomes that:
23	23	(A) analyzes the deer's DNA, RNA, proteins, or
24	24	chromosomes; and
25	25	(B) is performed to determine genetically the
26	26	deer's ancestral lineage or descendants.
27	27	(3) "RNA" means ribonucleic acid.
28	28	(b) After an inspection, the department shall notify a deer
29	29	breeder in writing when the department has reason to believe the
30	30	deer breeder possesses deer that may pose a disease risk to other
31	31	deer. The notice must include an explanation of the rationale used
32	32	to establish the disease risk.
33	33	(c) If genetic testing is timely conducted, the department
34	34	must postpone any actions that may be affected by the test results
35	35	until the test results are available.
36	36	(d) The results of genetic testing may not be used as
37	37	evidence to establish a defense against a fine imposed on a deer
38	38	breeder found guilty of failure to keep records of all deer in a
39	39	deer breeder facility as required by this subchapter.
40	40	Sec. 43.3661. RULES. The commission may adopt rules as
41	41	needed to implement this subchapter.
42	42	SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife
43	43	Code, is amended by adding Sections 43.370, 43.371, and 43.372 to
44	44	read as follows:
45	45	Sec. 43.370. DESTRUCTION OF DEER. (a) To control or
46	46	prevent the spread of disease, deer held at a deer breeding facility
47	47	may be destroyed only if:
48	48	(1) an agent of the animal health commission has
49	49	conducted an epidemiological assessment;
50	50	(2) based on the assessment under Subdivision (1), the
51	51	executive director of the animal health commission determines that
52	52	the deer pose a threat to the health of other deer or other species,
53	53	including humans; and
54	54	(3) the executive director of the animal health
55	55	commission orders the destruction of the deer.
56	56	(b) The animal health commission shall provide written
57	57	notification of an order to destroy deer to:
58	58	(1) the department; and
59	59	(2) the applicable deer breeder as provided by Section
60	60	43.371.
61	61	(c) The department shall carry out an order to destroy deer
62	62	after notice has been provided to the applicable deer breeder. The
63	63	destruction must be conducted in the presence of and under the
64	64	direction of animal health commission officials.
65	65	Sec. 43.371. NOTICE OF DEER DESTRUCTION. (a) The animal
66	66	health commission must provide notice to a deer breeder before the
67	67	department may destroy any of the deer held at the deer breeder's
68	68	facility.
69	69	(b) A notice provided under this section must be sent by
70	70	certified mail to the last known address of the deer breeder and
71	71	must contain:
72	72	(1) the date of destruction, which may not be sooner
73	73	than the 10th day after the date of the notice;
74	74	(2) an explanation of any access restrictions imposed
75	75	on the deer breeder's facility during the destruction of the deer;
76	76	and
77	77	(3) an explanation of the reasons for the destruction.
78	78	Sec. 43.372. COST RECOVERY. The deer breeder shall pay to
79	79	the department all costs associated with the epidemiological
80	80	assessment and destruction of deer under this subchapter. The
81	81	department and the animal health commission shall divide the
82	82	payment to cover the costs incurred by each agency in carrying out
83	83	their respective duties under this subchapter.
84	84	SECTION 4. Subchapter R, Chapter 43, Parks and Wildlife
85	85	Code, is amended by adding Section 43.6011 to read as follows:
86	86	Sec. 43.6011. DEFINITION. In this subchapter, "animal
87	87	health commission" means the Texas Animal Health Commission.
88	88	SECTION 5. Subchapter R, Chapter 43, Parks and Wildlife
89	89	Code, is amended by adding Sections 43.608, 43.609, and 43.610 to
90	90	read as follows:
91	91	Sec. 43.608. DESTRUCTION OF DEER. (a) To control or
92	92	prevent the spread of disease, deer on acreage covered by a permit
93	93	issued under this subchapter may be destroyed only if:
94	94	(1) an agent of the animal health commission has
95	95	conducted an epidemiological assessment;
96	96	(2) based on the assessment under Subdivision (1), the
97	97	executive director of the animal health commission determines that
98	98	the deer pose a threat to the health of other deer or other species,
99	99	including humans; and
100	100	(3) the executive director of the animal health
101	101	commission orders the destruction of the deer.
102	102	(b) The animal health commission shall provide written
103	103	notification of an order to destroy deer to:
104	104	(1) the department; and
105	105	(2) the applicable permit holder as provided by
106	106	Section 43.609.
107	107	(c) The department shall carry out an order to destroy deer
108	108	after notice has been provided to the applicable permit holder. The
109	109	destruction must be conducted in the presence of and under the
110	110	direction of animal health commission officials.
111	111	Sec. 43.609. NOTICE OF DEER DESTRUCTION. (a) The animal
112	112	health commission must provide notice to a permit holder before the
113	113	department may destroy any of the deer covered by the permit.
114	114	(b) A notice provided under this section must be sent by
115	115	certified mail to the last known address of the permit holder and
116	116	must contain:
117	117	(1) the date of destruction, which may not be sooner
118	118	than the 10th day after the date of the notice;
119	119	(2) an explanation of any access restrictions imposed
120	120	on the acreage covered by the permit during the destruction of the
121	121	deer; and
122	122	(3) an explanation of the reasons for the destruction.
123	123	Sec. 43.610. COST RECOVERY. The permit holder shall pay to
124	124	the department all costs associated with the epidemiological
125	125	assessment and destruction of deer under this subchapter. The
126	126	department and the animal health commission shall divide the
127	127	payment to cover the costs incurred by each agency in carrying out
128	128	their respective duties under this subchapter.
129	129	SECTION 6. Section 43.3591(d), Parks and Wildlife Code, as
130	130	added by this Act, applies only to an offense committed on or after
131	131	the effective date of this Act. An offense committed before the
132	132	effective date of this Act is governed by the law in effect on the
133	133	date the offense was committed, and the former law is continued in
134	134	effect for that purpose. For purposes of this section, an offense
135	135	was committed before the effective date of this Act if any element
136	136	of the offense occurred before that date.
137	137	SECTION 7. This Act takes effect September 1, 2011.