Texas 2013 - 83rd Regular

Texas House Bill HB2469 Compare Versions

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1	1	83R17324 SGA-D
2	2	By: Guillen, Flynn H.B. No. 2469
3	3	Substitute the following for H.B. No. 2469:
4	4	By: Nevarez C.S.H.B. No. 2469
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. Section 43.351, Parks and Wildlife Code, is
136	136	amended by adding Subdivision (8) to read as follows:
137	137	(8) "Animal health commission" means the Texas Animal
138	138	Health Commission.
139	139	SECTION 5. Section 43.352, Parks and Wildlife Code, is
140	140	amended by amending Subsection (b) and adding Subsections (c) and
141	141	(d) to read as follows:
142	142	(b) At the option of the person applying for the issuance or
143	143	renewal of a permit under this section, the [The] department may
144	144	issue a permit [under this section] that is valid for [longer than]
145	145	one year, three years, or five years.
146	146	(c) A three-year or five-year permit is available only to a
147	147	person who:
148	148	(1) has held a deer breeder's permit for the three
149	149	consecutive permit years immediately preceding the date of the
150	150	application for a three-year or five-year permit;
151	151	(2) agrees to submit the annual reports required under
152	152	this subchapter electronically; and
153	153	(3) meets any other criteria established by rule of
154	154	the commission.
155	155	(d) The commission may adopt rules allowing the department
156	156	to revoke a three-year or five-year permit before the date
157	157	specified for expiration of the permit if the permit holder fails to
158	158	submit the annual reports electronically as required.
159	159	SECTION 6. Subchapter L, Chapter 43, Parks and Wildlife
160	160	Code, is amended by adding Sections 43.3581 and 43.3591 to read as
161	161	follows:
162	162	Sec. 43.3581. DURABLE IDENTIFICATION TAG EXCEPTION. The
163	163	durable identification tag on a breeder deer may be removed
164	164	immediately before transporting the deer to a release site provided
165	165	that the person transporting the deer has possession of the tag for
166	166	each deer being transported and provides the tag to an authorized
167	167	department employee on request for inspection purposes.
168	168	Sec. 43.3591. GENETIC TESTING. (a) In this section:
169	169	(1) "DNA" means deoxyribonucleic acid.
170	170	(2) "Genetic test" means a laboratory analysis of a
171	171	deer's genes, gene products, or chromosomes that:
172	172	(A) analyzes the deer's DNA, RNA, proteins, or
173	173	chromosomes; and
174	174	(B) is performed to determine genetically the
175	175	deer's ancestral lineage or descendants.
176	176	(3) "RNA" means ribonucleic acid.
177	177	(b) After an inspection, the department shall notify a deer
178	178	breeder in writing when the department has reason to believe the
179	179	deer breeder possesses deer that may pose a disease risk to other
180	180	deer. The notice must include an explanation of the rationale used
181	181	to establish the disease risk.
182	182	(c) If genetic testing is timely conducted, the department
183	183	must postpone any actions that may be affected by the test results
184	184	until the test results are available.
185	185	(d) The results of genetic testing may not be used as
186	186	evidence to establish a defense against a fine imposed on a deer
187	187	breeder found guilty of failure to keep records of all deer in a
188	188	deer breeder facility as required by this subchapter.
189	189	(e) The commission shall adopt rules as needed to implement
190	190	this section.
191	191	SECTION 7. Chapter 43, Parks and Wildlife Code, is amended
192	192	by adding Subchapter X to read as follows:
193	193	SUBCHAPTER X. DEER DISPOSITION PROTOCOL
194	194	Sec. 43.951. APPLICABILITY. This subchapter applies only
195	195	to the disposition of the following deer:
196	196	(1) deer held at a facility covered by a permit issued
197	197	under Subchapter L;
198	198	(2) deer on acreage covered by a permit issued under
199	199	Subchapter R; and
200	200	(3) deer on acreage covered by a permit issued under
201	201	Subchapter R-1.
202	202	Sec. 43.952. DEFINITIONS. In this subchapter:
203	203	(1) "Animal health commission" means the Texas Animal
204	204	Health Commission.
205	205	(2) "Permit" means a permit issued under Subchapter L,
206	206	R, or R-1.
207	207	(3) "Permit holder" means a person to whom a permit is
208	208	issued under Subchapter L, R, or R-1.
209	209	Sec. 43.953. WILDLIFE HEALTH WORKING GROUP. (a) The
210	210	department shall appoint a wildlife health working group to advise
211	211	the department regarding the disposition of deer covered by this
212	212	subchapter. Recommendations from the wildlife health working group
213	213	shall be based on the well-being of captive and free-ranging deer in
214	214	Texas.
215	215	(b) The wildlife health working group is composed of
216	216	veterinarians, including a representative of the animal health
217	217	commission, wildlife biologists, and permit holders. In addition,
218	218	the wildlife health working group may include representatives from
219	219	other state and federal agencies, universities, and other
220	220	organizations.
221	221	(c) The wildlife health working group is not subject to
222	222	Chapter 2110, Government Code.
223	223	Sec. 43.954. DESTRUCTION OF DEER. (a) Before any deer may
224	224	be destroyed under this subchapter:
225	225	(1) an agent of the animal health commission may
226	226	conduct an epidemiological assessment:
227	227	(A) if the assessment can be conducted in a
228	228	timely manner; and
229	229	(B) contingent on the availability of funding;
230	230	and
231	231	(2) the department must consider:
232	232	(A) the results of an assessment, if conducted,
233	233	under Subdivision (1); and
234	234	(B) any recommendations of the wildlife health
235	235	working group regarding the specific deer or regarding similar
236	236	scenarios for which the wildlife health working group has made a
237	237	recommendation regarding the destruction of deer.
238	238	(b) To control or prevent the spread of disease, deer to
239	239	which this subchapter applies may be destroyed only if the
240	240	department determines that the deer pose a threat to the health of
241	241	other deer or other species, including humans.
242	242	(c) The department shall carry out an order to destroy deer
243	243	after notice has been provided to the permit holder under Section
244	244	43.955.
245	245	Sec. 43.955. NOTICE OF DEER DESTRUCTION. (a) The
246	246	department must provide written notice of an order to destroy deer
247	247	to a permit holder before the department may destroy any of the deer
248	248	covered by the permit holder's permit.
249	249	(b) A notice provided under this section must be sent by
250	250	certified mail to the last known address of the permit holder and
251	251	must contain:
252	252	(1) the date of destruction, which may not be sooner
253	253	than the 10th day after the date of the notice;
254	254	(2) an explanation of any access restrictions imposed
255	255	on the facility or acreage covered by the permit during the
256	256	destruction of the deer; and
257	257	(3) an explanation of the reasons for the destruction,
258	258	including the results of any epidemiological assessment conducted
259	259	under Section 43.954(a) applicable to the deer that are the subject
260	260	of the notice.
261	261	(c) The permit holder may waive the notice requirements of
262	262	this section.
263	263	Sec. 43.956. COST RECOVERY. The applicable permit holder
264	264	shall pay all costs associated with:
265	265	(1) an epidemiological assessment conducted under
266	266	this subchapter to the animal health commission; and
267	267	(2) the destruction of deer under this subchapter to
268	268	the department.
269	269	SECTION 8. (a) Except as provided by Subsection (b) of this
270	270	section, Subchapter G, Chapter 12, Parks and Wildlife Code, as
271	271	added by this Act, applies only to an application for the issuance
272	272	or renewal of a permit submitted to the Parks and Wildlife
273	273	Department on or after the effective date of this Act. An
274	274	application submitted before the effective date of this Act is
275	275	governed by the law as it existed immediately before the effective
276	276	date of this Act, and that law is continued in effect for that
277	277	purpose.
278	278	(b) Section 12.607, Parks and Wildlife Code, as added by
279	279	this Act, applies only to an appeal of a decision of the Parks and
280	280	Wildlife Department refusing to issue or renew a permit that is
281	281	filed on or after the effective date of this Act. An appeal filed
282	282	before the effective date of this Act is governed by the law in
283	283	effect on the date the appeal was filed, and that law is continued
284	284	in effect for that purpose.
285	285	SECTION 9. Section 43.3591(d), Parks and Wildlife Code, as
286	286	added by this Act, applies only to an offense committed on or after
287	287	the effective date of this Act. An offense committed before the
288	288	effective date of this Act is governed by the law in effect on the
289	289	date the offense was committed, and the former law is continued in
290	290	effect for that purpose. For purposes of this section, an offense
291	291	was committed before the effective date of this Act if any element
292	292	of the offense occurred before that date.
293	293	SECTION 10. Not later than September 1, 2014, the Parks and
294	294	Wildlife Commission shall adopt rules as needed to implement
295	295	Subchapter G, Chapter 12, Parks and Wildlife Code, as added by this
296	296	Act.
297	297	SECTION 11. This Act takes effect September 1, 2013.