83R21401 SGA-D
By: Phillips H.B. No. 1614
Substitute the following for H.B. No. 1614:
By: Kuempel C.S.H.B. No. 1614
A BILL TO BE ENTITLED
AN ACT
relating to the management, breeding, and destruction of deer and
to procedures regarding certain deer permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.501(b), Parks and Wildlife Code, is
amended to read as follows:
(b) The director may suspend or revoke an original or
renewal permit or license issued under this code if it is found,
after notice and hearing, that:
(1) the permittee or licensee has been finally
convicted of a violation of this code or proclamation or regulation
adopted under this code relating to the permit or license to be
suspended or revoked;
(2) the permittee or licensee violated a provision of
this code or proclamation or regulation adopted under this code
relating to the permit or license to be suspended or revoked;
(3) the permittee or licensee made a false or
misleading statement in connection with the permittee's or
licensee's [his] original or renewal application, either in the
formal application itself or in any other written instrument
relating to the application submitted to the commission or its
officers or employees;
(4) the permittee or licensee is indebted to the state
for taxes, fees, or payment of penalties imposed by this code or by
a commission rule relating to a permit or license to be suspended or
revoked; or
(5) the permittee or licensee is liable to the state
under Section 12.301.
SECTION 2. Section 12.506, Parks and Wildlife Code, is
amended by adding Subsection (c) to read as follows:
(c) This section does not apply to the appeal of a decision
by the department refusing to issue or renew a permit to which
Subchapter G applies.
SECTION 3. Chapter 12, Parks and Wildlife Code, is amended
by adding Subchapter G to read as follows:
SUBCHAPTER G. REFUSAL TO ISSUE OR RENEW CERTAIN PERMITS RELATING TO
THE CONTROL, BREEDING, OR MANAGEMENT OF DEER; APPEAL OF CERTAIN
DECISIONS
Sec. 12.601. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to the following permits:
(1) a trap, transport, and transplant permit under
Section 43.061 or 43.0611;
(2) a trap, transport, and process permit under
Section 43.0612;
(3) a deer breeder's permit under Subchapter L,
Chapter 43;
(4) a white-tailed deer management permit under
Subchapter R, Chapter 43; and
(5) a mule deer management permit under Subchapter
R-1, Chapter 43.
Sec. 12.602. DEFINITIONS. In this subchapter:
(1) "Applicant" means a person who has applied for a
new or renewal permit.
(2) "Final conviction" means a final judgment of
guilt, the granting of deferred adjudication or pretrial diversion,
or the entering of a plea of guilty or nolo contendere.
Sec. 12.603. GENERAL CIRCUMSTANCES FOR REFUSAL TO ISSUE OR
RENEW PERMIT. The department may refuse to issue or renew a permit
if the applicant fails to submit in a timely manner the following:
(1) a completed application on a form supplied by the
department and all application materials required by the
department;
(2) the required permit fee;
(3) accurate reports as applicable; and
(4) any additional information that the department
determines is necessary to process the application.
Sec. 12.604. CONSIDERATIONS FOR ISSUANCE OR RENEWAL OF
PERMIT; APPLICANT WITH PRIOR PENALTIES OR CONVICTIONS. (a) This
section applies only to a determination of whether to issue a permit
to or renew a permit for an applicant who has a final conviction or
has been assessed an administrative penalty for a violation of:
(1) Subchapter C, E, L, R, or R-1, Chapter 43;
(2) a provision of this code not described by
Subdivision (1) that is punishable as a Class A or B Parks and
Wildlife Code misdemeanor, a Parks and Wildlife Code state jail
felony, or a Parks and Wildlife Code felony;
(3) Section 63.002; or
(4) the Lacey Act (16 U.S.C. Sections 3371-3378).
(b) In determining whether to issue a permit to or renew a
permit for an applicant who has a final conviction or has been
assessed an administrative penalty, the department shall consider:
(1) the number of final convictions or administrative
penalties;
(2) the seriousness of the conduct on which the final
conviction or administrative penalty is based;
(3) the existence, number, and seriousness of offenses
or violations other than offenses or violations that resulted in a
final conviction or administrative penalty described by Subsection
(a);
(4) the length of time between the most recent final
conviction or administrative penalty and the permit application;
(5) whether the final conviction, administrative
penalty, or other offense or violation was the result of negligence
or intentional conduct;
(6) whether the final conviction or administrative
penalty resulted from conduct committed or omitted by the
applicant, an agent of the applicant, or both;
(7) the accuracy of the permit history information
provided by the applicant;
(8) for a renewal, whether the applicant agreed to any
special provisions recommended by the department as conditions to
the expiring permit; and
(9) other mitigating factors.
Sec. 12.605. PROCEDURE FOR REFUSAL TO ISSUE OR RENEW
PERMIT. (a) Not later than the 10th day after the date a decision
to refuse to issue or renew a permit has been made, the department
shall provide to the applicant a written statement of the reasons
for the decision.
(b) The commission by rule shall adopt procedures
consistent with this subchapter for the department's review of a
refusal to issue or renew a permit.
Sec. 12.606. REVIEW OF REFUSAL TO ISSUE OR RENEW PERMIT. In
conducting a review of a decision by the department to refuse to
issue or renew a permit, the department shall consider:
(1) any applicable factors listed under Section
12.604;
(2) the applicant's efforts toward rehabilitation;
(3) whether there is a substantial likelihood that the
applicant would repeat the conduct on which the refusal is based;
(4) whether the conduct on which the refusal is based
involved a threat to public safety; and
(5) other mitigating factors.
Sec. 12.607. APPEAL OF DEPARTMENT DECISION REFUSING TO
ISSUE OR RENEW PERMIT. (a) Venue to appeal a decision of the
department refusing to issue or renew a permit is a district court
in Travis County.
(b) The appeal shall be by trial de novo.
SECTION 4. Subchapter L, Chapter 43, Parks and Wildlife
Code, is amended by adding Section 43.3591 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.
(e) The commission shall adopt rules as needed to implement
this section.
SECTION 5. Chapter 43, Parks and Wildlife Code, is amended
by adding Subchapter X to read as follows:
SUBCHAPTER X. DEER DISPOSITION PROTOCOL
Sec. 43.951. APPLICABILITY. This subchapter applies only
to the disposition of the following deer:
(1) deer held at a facility covered by a permit issued
under Subchapter L;
(2) deer on acreage covered by a permit issued under
Subchapter R; and
(3) deer on acreage covered by a permit issued under
Subchapter R-1.
Sec. 43.952. DEFINITIONS. In this subchapter:
(1) "Permit" means a permit issued under Subchapter L,
R, or R-1.
(2) "Permit holder" means a person to whom a permit is
issued under Subchapter L, R, or R-1.
Sec. 43.953. DESTRUCTION OF DEER. (a) Before any deer may
be destroyed under this subchapter:
(1) an agent of the Texas Animal Health Commission may
conduct an epidemiological assessment:
(A) if the assessment can be conducted in a
timely manner; and
(B) contingent on the availability of funding;
and
(2) the department must consider the results of an
assessment, if conducted, under Subdivision (1).
(b) To control or prevent the spread of disease, deer to
which this subchapter applies may be destroyed only if the
department determines that the deer pose a threat to the health of
other deer or other species, including humans.
(c) The department shall carry out an order to destroy deer
after notice has been provided to the permit holder under Section
43.954.
Sec. 43.954. NOTICE OF DEER DESTRUCTION. (a) The
department must provide notice of an order to destroy deer to a
permit holder before the department may destroy any of the deer
covered by the permit holder's 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 facility or acreage covered by the permit during the
destruction of the deer; and
(3) an explanation of the reasons for the destruction,
including the results of any epidemiological assessment conducted
under Section 43.953(a) applicable to the deer that are the subject
of the notice.
(c) The permit holder may waive the notice requirements of
this section.
Sec. 43.955. COST RECOVERY. The applicable permit holder
shall pay all costs associated with:
(1) an epidemiological assessment conducted under
this subchapter; and
(2) the destruction of deer under this subchapter to
the department.
SECTION 6. (a) Except as provided by Subsection (b) of this
section, Subchapter G, Chapter 12, Parks and Wildlife Code, as
added by this Act, applies only to an application for the issuance
or renewal of a permit submitted to the Parks and Wildlife
Department on or after the effective date of this Act. An
application submitted 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.
(b) Section 12.607, Parks and Wildlife Code, as added by
this Act, applies only to an appeal of a decision of the Parks and
Wildlife Department refusing to issue or renew a permit that is
filed on or after the effective date of this Act. An appeal filed
before the effective date of this Act is governed by the law in
effect on the date the appeal was filed, and that law is continued
in effect for that purpose.
SECTION 7. 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 8. Not later than September 1, 2014, the Parks and
Wildlife Commission shall adopt rules as needed to implement
Subchapter G, Chapter 12, Parks and Wildlife Code, as added by this
Act.
SECTION 9. This Act takes effect September 1, 2013.