By: Guillen H.B. No. 3782
A BILL TO BE ENTITLED
AN ACT
relating to deer breeder operations; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Parks and Wildlife Code, is amended
by adding Section 12.5012 to read as follows:
Sec. 12.5012. REVOCATION, SUSPENSION, OR REFUSAL OF PERMIT
RELATED TO THE CONTROL. BREEDING OR MANAGEMENT OF DEER. (a) In this
subchapter "Permittee" has the meaning assigned by Section
12.501(a).
(b) The director may suspend or revoke any permit related to
the control, breeding, or management of deer in this state, or may
refuse an application to renew a permit related to the control,
breeding, or management of deer in this state, after a
determination that a violation of trapping wild deer in Texas or of
illegally importing whitetail or other deer from another state is
made, or that the applicant or permittee has been convicted of an
egregious violation involving other wildlife laws.
Sec. 12.5013. APPEAL FROM REVOCATION, SUSPENSION, OR
REFUSAL OF PERMIT. (a) Venue for an appeal from an order of the
department refusing to renew a permit or revoking or suspending a
permit to which this subchapter applies is a district court in:
(1) the county where the permitted facility, if
applicable, is located; or
(2) the county where the permittee resides.
(b) The appeal shall be by trial de novo.
SECTION 2. Chapter 43, Parks and Wildlife Code, is amended
to read as follows:
Sec. 43.352. PERMIT AUTHORIZED; DURATION OF PERMIT. (a) The
Commission shall establish a training program and require that
applicants for any permit related to the control, breeding, or
management of deer in this state pass a test to qualify for such a
permit.
(a) (b) The department shall issue a permit to a qualified
person to possess live breeder deer in captivity.
(b) (c) The department may issue a permit under this section
that is valid for longer than one year.
SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife
Code, is amended to read as follows:
Sec. 43.3561. IDENTIFICATION OF BREEDER DEER. (d) If a deer
breeder uses a durable identification tag that is a microchip
implanted under the deer's skin the department must determine a
deadline after birth of the breeder deer as early as the department
determines is feasible to assure the proper identification of the
breeder deer.
(e) The commission shall adopt rules requiring game wardens
and other personnel involved in checking breeder deer to use the
least disruptive method of performing the inspection required to
enforce department regulations and perform the inspection in
coordination with the permittee if the permittee is available at
the time of the inspection.
(f) The commission shall adopt rules allowing deer breeder
permittees whose records are challenged or found to be insufficient
during an inspection to exercise the option of providing DNA test
results at the permittee's expense to identify genetic
relationships of breeder deer after the department gives written
notice to the deer breeder permittee listing the probable cause for
the tests and which deer are included in that probable cause
designation.
(g) Results from a DNA test are not a defense against any
fines levied by the department for failure to keep proper records of
all deer in a deer breeder facility.
SECTION 5. Subchapter L, Chapter 43, Parks and Wildlife
Code, is amended by adding Section 43.370 to read as follows:
Sec. 43.370. NOTICE OF DEPARTMENT DESTRUCTION OR REMOVAL OF
DEER. (a) Deer being held by deer breeders may only be destroyed,
or removed due to disease concerns,
(a.1) if the destruction is ordered by the Texas Animal
Health Commission after an examination of the deer and
(a.2) a finding of a livestock or wildlife health related
threat from the deer to be destroyed or removed.
(b) The department shall establish a list of fines and
amounts of those fines for violations of documentation and other
rules established by the department or the Texas Animal Health
Commission to apply to violations that do not include a finding of a
livestock or wildlife health threat from the deer being documented
and an order for the destruction of the breeder deer.
(c) Any issue of possible disease in a deer herd held by a
deer breeder which could require action by state officials to
remove or destroy deer must be decided by officials of the Texas
Animal Health Commission and communicated in writing to the Texas
Parks and Wildlife officials and the deer breeder permittee for
action.
(d) Cost of the expenses for any destruction or removal of
deer from a deer breeder facility or other location will be paid by
the deer breeder permittee and will be shared with the department
and the Texas Animal Health Commission to defray their expenses.
(e) The department must provide notice to a permittee before
the department destroys or removes any deer from a facility
permitted under this subchapter.
(f) A notice provided under this section must be sent by
certified mail by the Animal Health Commission to the last known
address of the permittee and must contain:
(1) a short statement identifying the deer to be
destroyed or removed;
(2) the date of destruction or removal, which may not
be sooner than the 10th day after the date of the notice; and
(3) an explanation of what access restrictions will be
placed on a ranch or facility during the destruction or removal of
the deer.
(4) an explanation of the reasons for the destruction
or removal.
(g) A game warden or other employee who inspects or enforces
the provisions of this section shall be given special training by
the department dealing with proper procedures and notification
requirements.
(h) Any destruction of deer carried out under this section
must be done in the presence of and under the direction of officials
of the Texas Animal Health Commission.
SECTION 6. Subchapter R, Chapter 43, Parks and Wildlife
Code, is amended by adding Section 43.6055 to read as follows:
Sec. 43.6055. NOTICE OF DEPARTMENT DESTRUCTION OR REMOVAL
OF DEER. (a) Deer may only be destroyed, or removed due to disease
concerns, if the destruction is ordered by the Texas Animal Health
Commission after an examination of the deer and a finding of a
livestock or wildlife health related threat from the deer to be
destroyed or removed.
(b) The department shall establish a list of fines and
amounts of those fines for violations of documentation and other
rules established by the department or the Texas Animal Health
Commission to apply to violations that do not include a finding of a
livestock or wildlife health threat from the deer being documented
and an order for the destruction of the breeder deer.
(c) Any issue of possible disease in a deer herd held by a
deer breeder which could require action by state officials to
remove or destroy deer must be decided by officials of the Texas
Animal Health Commission and communicated in writing to the Texas
Parks and Wildlife officials and the deer breeder permittee for
action.
(d) Cost of the expenses for any destruction or removal of
deer from a deer breeder facility or other location will be paid by
the deer breeder permittee and will be shared with the department
and the Texas Animal Health Commission to defray their expenses.
(e) The department must provide notice to a permittee before
the department destroys or removes any deer from a facility
permitted under this subchapter.
(f) 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) a short statement identifying the deer to be
destroyed or removed;
(2) the date of destruction or removal, which may not
be sooner than the 10th day after the date of the notice; and
(3) an explanation of what access restrictions will be
placed on a ranch or facility during the destruction or removal of
the deer.
(4) an explanation of the reasons for the destruction
or removal.
(g) A game warden or other employee who inspects or enforces
the provisions of this section shall be given special training by
the commission dealing with proper procedures and notification
requirements.
(h) Any destruction of deer carried out under this section
must be done in the presence of and under the direction of officials
of the Texas Animal Health Commission.
SECTION 7. The changes in law made by this Act apply to all
inspections, investigations or actions that take place on or after
the effective date of this Act. An inspection, investigation or
action taken 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.