82R23803 SGA-D
By: Guillen H.B. No. 3778
Substitute the following for H.B. No. 3778:
By: Guillen C.S.H.B. No. 3778
A BILL TO BE ENTITLED
AN ACT
relating to the destruction of deer covered by a deer breeder permit
or deer management permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. Subchapter L, Chapter 43, Parks and Wildlife
Code, is amended by adding Sections 43.3591 and 43.3661 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.
SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife
Code, is amended by adding Sections 43.370, 43.371, and 43.372 to
read as follows:
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 4. Subchapter R, Chapter 43, Parks and Wildlife
Code, is amended by adding Section 43.6011 to read as follows:
Sec. 43.6011. DEFINITION. In this subchapter, "animal
health commission" means the Texas Animal Health Commission.
SECTION 5. Subchapter R, Chapter 43, Parks and Wildlife
Code, is amended by adding Sections 43.608, 43.609, and 43.610 to
read as follows:
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 6. 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 7. This Act takes effect September 1, 2011.