Texas 2013 - 83rd Regular

Texas House Bill HB1614 Compare Versions

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1	1	83R21401 SGA-D
2	2	By: Phillips H.B. No. 1614
3	3	Substitute the following for H.B. No. 1614:
4	4	By: Kuempel C.S.H.B. No. 1614
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the management, breeding, and destruction of deer and
10	10	to procedures regarding 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) The director may suspend or revoke an original or
15	15	renewal permit or license issued under this code if it is found,
16	16	after notice and hearing, that:
17	17	(1) the permittee or licensee has been finally
18	18	convicted of a violation of this code or proclamation or regulation
19	19	adopted under this code relating to the permit or license to be
20	20	suspended or revoked;
21	21	(2) the permittee or licensee violated a provision of
22	22	this code or proclamation or regulation adopted under this code
23	23	relating to the permit or license to be suspended or revoked;
24	24	(3) the permittee or licensee made a false or
25	25	misleading statement in connection with the permittee's or
26	26	licensee's [his] original or renewal application, either in the
27	27	formal application itself or in any other written instrument
28	28	relating to the application submitted to the commission or its
29	29	officers or employees;
30	30	(4) the permittee or licensee is indebted to the state
31	31	for taxes, fees, or payment of penalties imposed by this code or by
32	32	a commission rule relating to a permit or license to be suspended or
33	33	revoked; or
34	34	(5) the permittee or licensee is liable to the state
35	35	under Section 12.301.
36	36	SECTION 2. Section 12.506, Parks and Wildlife Code, is
37	37	amended by adding Subsection (c) to read as follows:
38	38	(c) This section does not apply to the appeal of a decision
39	39	by the department refusing to issue or renew a permit to which
40	40	Subchapter G applies.
41	41	SECTION 3. Chapter 12, Parks and Wildlife Code, is amended
42	42	by adding Subchapter G to read as follows:
43	43	SUBCHAPTER G. REFUSAL TO ISSUE OR RENEW CERTAIN PERMITS RELATING TO
44	44	THE CONTROL, BREEDING, OR MANAGEMENT OF DEER; APPEAL OF CERTAIN
45	45	DECISIONS
46	46	Sec. 12.601. APPLICABILITY OF SUBCHAPTER. This subchapter
47	47	applies only to the following permits:
48	48	(1) a trap, transport, and transplant permit under
49	49	Section 43.061 or 43.0611;
50	50	(2) a trap, transport, and process permit under
51	51	Section 43.0612;
52	52	(3) a deer breeder's permit under Subchapter L,
53	53	Chapter 43;
54	54	(4) a white-tailed deer management permit under
55	55	Subchapter R, Chapter 43; and
56	56	(5) a mule deer management permit under Subchapter
57	57	R-1, Chapter 43.
58	58	Sec. 12.602. DEFINITIONS. In this subchapter:
59	59	(1) "Applicant" means a person who has applied for a
60	60	new or renewal permit.
61	61	(2) "Final conviction" means a final judgment of
62	62	guilt, the granting of deferred adjudication or pretrial diversion,
63	63	or the entering of a plea of guilty or nolo contendere.
64	64	Sec. 12.603. GENERAL CIRCUMSTANCES FOR REFUSAL TO ISSUE OR
65	65	RENEW PERMIT. The department may refuse to issue or renew a permit
66	66	if the applicant fails to submit in a timely manner the following:
67	67	(1) a completed application on a form supplied by the
68	68	department and all application materials required by the
69	69	department;
70	70	(2) the required permit fee;
71	71	(3) accurate reports as applicable; and
72	72	(4) any additional information that the department
73	73	determines is necessary to process the application.
74	74	Sec. 12.604. CONSIDERATIONS FOR ISSUANCE OR RENEWAL OF
75	75	PERMIT; APPLICANT WITH PRIOR PENALTIES OR CONVICTIONS. (a) This
76	76	section applies only to a determination of whether to issue a permit
77	77	to or renew a permit for an applicant who has a final conviction or
78	78	has been assessed an administrative penalty for a violation of:
79	79	(1) Subchapter C, E, L, R, or R-1, Chapter 43;
80	80	(2) a provision of this code not described by
81	81	Subdivision (1) that is punishable as a Class A or B Parks and
82	82	Wildlife Code misdemeanor, a Parks and Wildlife Code state jail
83	83	felony, or a Parks and Wildlife Code felony;
84	84	(3) Section 63.002; or
85	85	(4) the Lacey Act (16 U.S.C. Sections 3371-3378).
86	86	(b) In determining whether to issue a permit to or renew a
87	87	permit for an applicant who has a final conviction or has been
88	88	assessed an administrative penalty, the department shall consider:
89	89	(1) the number of final convictions or administrative
90	90	penalties;
91	91	(2) the seriousness of the conduct on which the final
92	92	conviction or administrative penalty is based;
93	93	(3) the existence, number, and seriousness of offenses
94	94	or violations other than offenses or violations that resulted in a
95	95	final conviction or administrative penalty described by Subsection
96	96	(a);
97	97	(4) the length of time between the most recent final
98	98	conviction or administrative penalty and the permit application;
99	99	(5) whether the final conviction, administrative
100	100	penalty, or other offense or violation was the result of negligence
101	101	or intentional conduct;
102	102	(6) whether the final conviction or administrative
103	103	penalty resulted from conduct committed or omitted by the
104	104	applicant, an agent of the applicant, or both;
105	105	(7) the accuracy of the permit history information
106	106	provided by the applicant;
107	107	(8) for a renewal, whether the applicant agreed to any
108	108	special provisions recommended by the department as conditions to
109	109	the expiring permit; and
110	110	(9) other mitigating factors.
111	111	Sec. 12.605. PROCEDURE FOR REFUSAL TO ISSUE OR RENEW
112	112	PERMIT. (a) Not later than the 10th day after the date a decision
113	113	to refuse to issue or renew a permit has been made, the department
114	114	shall provide to the applicant a written statement of the reasons
115	115	for the decision.
116	116	(b) The commission by rule shall adopt procedures
117	117	consistent with this subchapter for the department's review of a
118	118	refusal to issue or renew a permit.
119	119	Sec. 12.606. REVIEW OF REFUSAL TO ISSUE OR RENEW PERMIT. In
120	120	conducting a review of a decision by the department to refuse to
121	121	issue or renew a permit, the department shall consider:
122	122	(1) any applicable factors listed under Section
123	123	12.604;
124	124	(2) the applicant's efforts toward rehabilitation;
125	125	(3) whether there is a substantial likelihood that the
126	126	applicant would repeat the conduct on which the refusal is based;
127	127	(4) whether the conduct on which the refusal is based
128	128	involved a threat to public safety; and
129	129	(5) other mitigating factors.
130	130	Sec. 12.607. APPEAL OF DEPARTMENT DECISION REFUSING TO
131	131	ISSUE OR RENEW PERMIT. (a) Venue to appeal a decision of the
132	132	department refusing to issue or renew a permit is a district court
133	133	in Travis County.
134	134	(b) The appeal shall be by trial de novo.
135	135	SECTION 4. Subchapter L, Chapter 43, Parks and Wildlife
136	136	Code, is amended by adding Section 43.3591 to read as follows:
137	137	Sec. 43.3591. GENETIC TESTING. (a) In this section:
138	138	(1) "DNA" means deoxyribonucleic acid.
139	139	(2) "Genetic test" means a laboratory analysis of a
140	140	deer's genes, gene products, or chromosomes that:
141	141	(A) analyzes the deer's DNA, RNA, proteins, or
142	142	chromosomes; and
143	143	(B) is performed to determine genetically the
144	144	deer's ancestral lineage or descendants.
145	145	(3) "RNA" means ribonucleic acid.
146	146	(b) After an inspection, the department shall notify a deer
147	147	breeder in writing when the department has reason to believe the
148	148	deer breeder possesses deer that may pose a disease risk to other
149	149	deer. The notice must include an explanation of the rationale used
150	150	to establish the disease risk.
151	151	(c) If genetic testing is timely conducted, the department
152	152	must postpone any actions that may be affected by the test results
153	153	until the test results are available.
154	154	(d) The results of genetic testing may not be used as
155	155	evidence to establish a defense against a fine imposed on a deer
156	156	breeder found guilty of failure to keep records of all deer in a
157	157	deer breeder facility as required by this subchapter.
158	158	(e) The commission shall adopt rules as needed to implement
159	159	this section.
160	160	SECTION 5. Chapter 43, Parks and Wildlife Code, is amended
161	161	by adding Subchapter X to read as follows:
162	162	SUBCHAPTER X. DEER DISPOSITION PROTOCOL
163	163	Sec. 43.951. APPLICABILITY. This subchapter applies only
164	164	to the disposition of the following deer:
165	165	(1) deer held at a facility covered by a permit issued
166	166	under Subchapter L;
167	167	(2) deer on acreage covered by a permit issued under
168	168	Subchapter R; and
169	169	(3) deer on acreage covered by a permit issued under
170	170	Subchapter R-1.
171	171	Sec. 43.952. DEFINITIONS. In this subchapter:
172	172	(1) "Permit" means a permit issued under Subchapter L,
173	173	R, or R-1.
174	174	(2) "Permit holder" means a person to whom a permit is
175	175	issued under Subchapter L, R, or R-1.
176	176	Sec. 43.953. DESTRUCTION OF DEER. (a) Before any deer may
177	177	be destroyed under this subchapter:
178	178	(1) an agent of the Texas Animal Health Commission may
179	179	conduct an epidemiological assessment:
180	180	(A) if the assessment can be conducted in a
181	181	timely manner; and
182	182	(B) contingent on the availability of funding;
183	183	and
184	184	(2) the department must consider the results of an
185	185	assessment, if conducted, under Subdivision (1).
186	186	(b) To control or prevent the spread of disease, deer to
187	187	which this subchapter applies may be destroyed only if the
188	188	department determines that the deer pose a threat to the health of
189	189	other deer or other species, including humans.
190	190	(c) The department shall carry out an order to destroy deer
191	191	after notice has been provided to the permit holder under Section
192	192	43.954.
193	193	Sec. 43.954. NOTICE OF DEER DESTRUCTION. (a) The
194	194	department must provide notice of an order to destroy deer to a
195	195	permit holder before the department may destroy any of the deer
196	196	covered by the permit holder's permit.
197	197	(b) A notice provided under this section must be sent by
198	198	certified mail to the last known address of the permit holder and
199	199	must contain:
200	200	(1) the date of destruction, which may not be sooner
201	201	than the 10th day after the date of the notice;
202	202	(2) an explanation of any access restrictions imposed
203	203	on the facility or acreage covered by the permit during the
204	204	destruction of the deer; and
205	205	(3) an explanation of the reasons for the destruction,
206	206	including the results of any epidemiological assessment conducted
207	207	under Section 43.953(a) applicable to the deer that are the subject
208	208	of the notice.
209	209	(c) The permit holder may waive the notice requirements of
210	210	this section.
211	211	Sec. 43.955. COST RECOVERY. The applicable permit holder
212	212	shall pay all costs associated with:
213	213	(1) an epidemiological assessment conducted under
214	214	this subchapter; and
215	215	(2) the destruction of deer under this subchapter to
216	216	the department.
217	217	SECTION 6. (a) Except as provided by Subsection (b) of this
218	218	section, Subchapter G, Chapter 12, Parks and Wildlife Code, as
219	219	added by this Act, applies only to an application for the issuance
220	220	or renewal of a permit submitted to the Parks and Wildlife
221	221	Department on or after the effective date of this Act. An
222	222	application submitted before the effective date of this Act is
223	223	governed by the law as it existed immediately before the effective
224	224	date of this Act, and that law is continued in effect for that
225	225	purpose.
226	226	(b) Section 12.607, Parks and Wildlife Code, as added by
227	227	this Act, applies only to an appeal of a decision of the Parks and
228	228	Wildlife Department refusing to issue or renew a permit that is
229	229	filed on or after the effective date of this Act. An appeal filed
230	230	before the effective date of this Act is governed by the law in
231	231	effect on the date the appeal was filed, and that law is continued
232	232	in effect for that purpose.
233	233	SECTION 7. Section 43.3591(d), Parks and Wildlife Code, as
234	234	added by this Act, applies only to an offense committed on or after
235	235	the effective date of this Act. An offense committed before the
236	236	effective date of this Act is governed by the law in effect on the
237	237	date the offense was committed, and the former law is continued in
238	238	effect for that purpose. For purposes of this section, an offense
239	239	was committed before the effective date of this Act if any element
240	240	of the offense occurred before that date.
241	241	SECTION 8. Not later than September 1, 2014, the Parks and
242	242	Wildlife Commission shall adopt rules as needed to implement
243	243	Subchapter G, Chapter 12, Parks and Wildlife Code, as added by this
244	244	Act.
245	245	SECTION 9. This Act takes effect September 1, 2013.