By: Guillen H.B. No. 2469
A BILL TO BE ENTITLED
AN ACT
relating to deer breeding in this state 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) Except as provided by Subchapter G, the [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 a permit to which
Subchapter G applies.
SECTION 3. Section 12.508(b), Parks and Wildlife Code, is
amended to read as follows:
(b) Except as provided by Subchapter G, the [The] department
may refuse to issue or transfer an original or renewal license,
permit, or tag if the applicant or transferee:
(1) has been finally convicted of a violation under
this code or a rule adopted or a proclamation issued under this
code;
(2) is liable to the state under Section 12.301; and
(3) has failed to fully pay the amount due under
Section 12.301 after the department has issued notice of liability
to the applicant or transferee.
SECTION 4. 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.
(3) "Permittee" means a person to whom a permit has
been issued, including each member of a partnership or association,
an agent acting on behalf of a partnership or association, each
officer of a corporation, and the owner of a majority of a
corporation's corporate stock.
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. REFUSAL TO ISSUE OR RENEW PERMIT BASED ON
CERTAIN 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 convictions or administrative
penalties and the seriousness of each conviction;
(2) 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);
(3) the length of time between the most recent final
conviction or administrative penalty and the permit application;
(4) whether the final conviction, administrative
penalty, or other offense or violation was the result of negligence
or intentional conduct;
(5) the applicant's efforts toward rehabilitation;
(6) the accuracy of the permit history information
provided by the applicant; and
(7) 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) whether the conduct on which the refusal is based
was negligent or intentional;
(2) for a refusal based on conduct that is a violation
of a provision listed in Section 12.604(a), whether the applicant
has a final conviction or has been assessed an administrative
penalty based on the conduct;
(3) the seriousness of an offense or violation
described by Subdivision (2) for which the applicant was finally
convicted or assessed an administrative penalty;
(4) whether the conduct on which the refusal was based
was committed or omitted by the applicant, an agent of the
applicant, or both;
(5) for a renewal, whether the applicant agreed to any
special conditions recommended by the department in lieu of a
decision to refuse to issue or renew the expiring permit;
(6) whether there is a substantial likelihood that the
applicant would repeat the conduct on which the refusal is based;
(7) whether the conduct on which the refusal is based
involved a threat to public safety; and
(8) other mitigating factors.
Sec. 12.607. APPEAL OF DEPARTMENT DECISION TO REVOKE,
SUSPEND, OR REFUSE PERMIT. (a) Except as provided by this section,
the revocation or suspension of a permit is governed by Subchapter
F.
(b) Venue to appeal a decision of the department refusing to
issue or renew a permit or revoking or suspending a permit is a
district court in:
(1) the county where the permitted facility, if
applicable, is located;
(2) the county where the permittee resides; or
(3) Travis County.
(c) The appeal shall be by trial de novo.
SECTION 5. Section 43.351, Parks and Wildlife Code, is
amended by amending Subdivision (5) and adding Subdivision (8) to
read as follows:
(5) "Durable identification tag" means a single tag
described by Section 43.3561 that is used to identify a breeder deer
[not easily dislodged or removed and made of a material that is not
likely to disintegrate or decompose]. The term includes[, but is
not limited to,] newly developed technologies approved for use by
the department, including radio frequency identification tags.
(8) "Animal health commission" means the Texas Animal
Health Commission.
SECTION 6. Section 43.352(b), Parks and Wildlife Code, is
amended to read as follows:
(b) At the option of the person applying for the issuance or
renewal of a permit under this section, the [The] department may
issue a permit [under this section] that is valid for [longer than]
one year, three years, or five years. A three-year or five-year
permit is available only to a person who agrees to submit the annual
reports required under this subchapter electronically. The
commission may adopt rules allowing the department to terminate a
permit before the date originally specified for the permit issuance
or renewal if the permit holder fails to submit the annual reports
electronically as required for a three-year or five-year permit.
SECTION 7. Section 43.3561, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.3561. IDENTIFICATION OF BREEDER DEER. (a) Not later
than March 31 of the year following the year in which the breeder
deer is born, a breeder deer held in a permitted deer breeding
facility must be identified by placing on each breeder deer
possessed by the deer breeder a single, external, reasonably
visible, durable identification tag bearing an identification
[alphanumeric] number [of not more than four characters assigned by
the department to the breeding facility in which the breeder deer
was born and] unique to that breeder deer.
(b) The durable identification tag must be designed so that
it is not easily dislodged or removed and made of a material that is
not likely to disintegrate or decompose.
(c) A deer breeder is not required to remove the durable
identification tag for any purpose but may remove the tag and
replace the tag immediately to meet the requirements of this
section.
(d) [(b)] A person may not remove or knowingly permit the
removal of a breeder deer held in a facility by a permittee under
this subchapter unless:
(1) the breeder deer has been permanently and legibly
tattooed in one ear with the unique identification number assigned
to the breeder in lawful possession of the breeder deer and specific
to the breeding facility in which the breeder deer was born or
initially introduced if from an out-of-state source; or
(2) the deer breeder has implanted in the deer an
implantable microchip as permitted by Section 43.3562(e).
(e) [(c)] A person may not knowingly accept or permit the
acceptance of a breeder deer into a facility regulated under this
subchapter unless:
(1) the breeder deer has been permanently and legibly
tattooed in one ear with the unique identification number assigned
to the breeder in lawful possession of the breeder deer and specific
to the facility in which the breeder deer was born or initially
introduced if from an out-of-state source; or
(2) the deer breeder has implanted in the deer an
implantable microchip as permitted by Section 43.3562(e).
SECTION 8. Subchapter L, Chapter 43, Parks and Wildlife
Code, is amended by adding Sections 43.3562, 43.3581, 43.3591, and
43.3661 to read as follows:
Sec. 43.3562. ALTERNATIVE UNIQUE NUMBERING SYSTEMS. (a) The
commission by rule shall adopt electronically readable
identification systems such as the National Animal Identification
System maintained by the United States Department of Agriculture
and implantable microchip numbering systems that may be used by a
deer breeder to identify breeder deer.
(b) The department shall review and approve radio frequency
identification tags and microchip implants that use the numbering
systems adopted under Subsection (a). The department shall publish
on the department's website a list of the approved identification
tags and implants.
(c) On request by a deer breeder and to the extent possible,
the department shall assign a four-digit alphanumeric
identification number to uniquely identify a breeder deer for use
on the deer's external durable identification tag or tattoo. If the
four-digit identification system becomes impracticable, the
commission by rule shall coordinate the use of electronically
readable identification numbers described by Subsections (d) and
(e) with the four-digit system to the extent required by this
subchapter.
(d) A deer breeder may use an external radio frequency
identification tag approved by the department with a numbering
system adopted under Subsection (a) as an external durable
identification tag for identifying a breeder deer. The deer breeder
must register the unique number encoded in the tag with the
department.
(e) A deer breeder may use an implantable microchip approved
by the department with a numbering system adopted under Subsection
(a) as a substitute for an ear tattoo. The deer breeder must
register the unique number encoded in the implantable microchip
with the department.
(f) The department's database for breeder deer must allow a
single breeder deer to be uniquely identified by any of the
following identifying numbers or combinations of numbers and
alphabetic characters:
(1) a unique alphanumeric identifier assigned by the
department to that deer;
(2) a unique identification number for that deer
registered under Subsection (d); or
(3) a unique identification number for that deer
registered under Subsection (e).
(g) A deer breeder that uses an electronically readable
identification system shall provide an authorized employee of the
department with a working device capable of reading the electronic
numbers as needed for inspection purposes under this subchapter.
The employee shall accept an electronically readable number that is
registered with the department as valid.
(h) The commission may adopt rules and procedures to
implement the use of alternative numbering systems under this
section.
Sec. 43.3581. DURABLE IDENTIFICATION TAG EXCEPTION. The
durable identification tag on a breeder deer may be removed before
transporting the deer to a release site provided that the person
transporting the deer has possession of the tag for each deer being
transported and provides the tag to an authorized department
employee on request for inspection purposes.
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 9. Section 43.363, Parks and Wildlife Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsection (a-1), a person may
[During an open hunting season for deer or during the 10-day period
immediately preceding an open hunting season, no person in this
state may] sell, transfer, ship, or transport a breeder deer for
release during the following periods only [unless the person]:
(1) March 1 through September 1, 2014
(2) March 1 through August 15, 2015; and
(3) March 1 through August 1 for any year after 2015.
(a-1) A person may sell, transfer, ship, or transport a
breeder deer for release on dates other than those allowed under
Subsection (a) if the person:
(1) has removed the antlers of the breeder deer
between the G-3 tine, as defined by the Boone and Crockett Club, and
the pedicel on each antler main beam; and
(2) has followed any procedure prescribed by rule of
the commission for the lawful conduct of activities under this
subchapter.
SECTION 10. Section 43.367(a), Parks and Wildlife Code, is
amended to read as follows:
(a) Except as provided by Section 43.3581 or Subsection (b),
a person who violates a provision of this subchapter or a regulation
of the commission issued under this subchapter or who fails to file
a full and complete report as required by Section 43.359 commits an
offense that is a Class C Parks and Wildlife Code misdemeanor.
SECTION 11. 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. 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 12. Subchapter R, Chapter 43, Parks and Wildlife
Code, is amended by adding Sections 43.6011, 43.608, 43.609, and
43.610 to read as follows:
Sec. 43.6011. DEFINITION. In this subchapter, "animal
health commission" means the Texas Animal Health Commission.
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 13. Subchapter R-1, Chapter 43, Parks and Wildlife
Code, is amended by adding Sections 43.6211, 43.628, 43.629, and
43.630 to read as follows:
Sec. 43.6211. DEFINITION. In this subchapter, "animal
health commission" means the Texas Animal Health Commission.
Sec. 43.628. 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 43.629.
(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. 43.629. 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. 43.630. 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 14. (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 a permit that is issued or
renewed on or after the effective date of this Act. A permit issued
or renewed 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 or revoking
or suspending 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 15. (a) Not later than March 1, 2014, the Parks and
Wildlife Commission shall adopt alternative identification
numbering systems required by Section 43.3562(a), Parks and
Wildlife Code, as added by this Act.
(b) Not later than March 1, 2014, the Parks and Wildlife
Department shall approve and publish a list of radio frequency
identification tags and microchip implants as required by Section
43.3562(b), Parks and Wildlife Code, as added by this Act.
SECTION 16. 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 17. Section 43.367(a), Parks and Wildlife Code, as
amended 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 18. This Act takes effect September 1, 2013.