Texas 2013 - 83rd Regular

Texas Senate Bill SB820 Compare Versions

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1	1	83R23369 SGA-D
2	2	By: Williams, et al. S.B. No. 820
3	3	(Guillen)
4	4	Substitute the following for S.B. No. 820: No.
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 43.352, Parks and Wildlife Code, is
136	136	amended by amending Subsection (b) and adding Subsections (c) and
137	137	(d) to read as follows:
138	138	(b) At the option of the person applying for the issuance or
139	139	renewal of a permit under this section, the [The] department may
140	140	issue a permit [under this section] that is valid for [longer than]
141	141	one year, three years, or five years.
142	142	(c) A three-year or five-year permit is available only to a
143	143	person who:
144	144	(1) has held a deer breeder's permit for the three
145	145	consecutive permit years immediately preceding the date of the
146	146	application for a three-year or five-year permit;
147	147	(2) agrees to submit the annual reports required under
148	148	this subchapter electronically; and
149	149	(3) meets any other criteria established by rule of
150	150	the commission.
151	151	(d) The commission may adopt rules allowing the department
152	152	to revoke a three-year or five-year permit before the date
153	153	specified for expiration of the permit if the permit holder fails to
154	154	submit the annual reports electronically as required.
155	155	SECTION 5. Subchapter L, Chapter 43, Parks and Wildlife
156	156	Code, is amended by adding Section 43.3591 to read as follows:
157	157	Sec. 43.3591. GENETIC TESTING. (a) In this section:
158	158	(1) "DNA" means deoxyribonucleic acid.
159	159	(2) "Genetic test" means a laboratory analysis of a
160	160	deer's genes, gene products, or chromosomes that:
161	161	(A) analyzes the deer's DNA, RNA, proteins, or
162	162	chromosomes; and
163	163	(B) is performed to determine genetically the
164	164	deer's ancestral lineage or descendants.
165	165	(3) "RNA" means ribonucleic acid.
166	166	(b) After an inspection, the department shall notify a deer
167	167	breeder in writing when the department has reason to believe the
168	168	deer breeder possesses deer that may pose a disease risk to other
169	169	deer. The notice must include an explanation of the rationale used
170	170	to establish the disease risk.
171	171	(c) If genetic testing is timely conducted, the department
172	172	must postpone any actions that may be affected by the test results
173	173	until the test results are available.
174	174	(d) The results of genetic testing may not be used as
175	175	evidence to establish a defense against a fine imposed on a deer
176	176	breeder found guilty of failure to keep records of all deer in a
177	177	deer breeder facility as required by this subchapter.
178	178	(e) The commission shall adopt rules as needed to implement
179	179	this section.
180	180	SECTION 6. Chapter 43, Parks and Wildlife Code, is amended
181	181	by adding Subchapter X to read as follows:
182	182	SUBCHAPTER X. DEER DISPOSITION PROTOCOL
183	183	Sec. 43.951. APPLICABILITY. This subchapter applies only
184	184	to the disposition of the following deer:
185	185	(1) deer held at a facility covered by a permit issued
186	186	under Subchapter L;
187	187	(2) deer on acreage covered by a permit issued under
188	188	Subchapter R; and
189	189	(3) deer on acreage covered by a permit issued under
190	190	Subchapter R-1.
191	191	Sec. 43.952. DEFINITIONS. In this subchapter:
192	192	(1) "Animal health commission" means the Texas Animal
193	193	Health Commission.
194	194	(2) "Permit" means a permit issued under Subchapter L,
195	195	R, or R-1.
196	196	(3) "Permit holder" means a person to whom a permit is
197	197	issued under Subchapter L, R, or R-1.
198	198	Sec. 43.953. DESTRUCTION OF DEER. (a) Before any deer may
199	199	be destroyed under this subchapter:
200	200	(1) an agent of the animal health commission may
201	201	conduct an epidemiological assessment:
202	202	(A) if the assessment can be conducted in a
203	203	timely manner; and
204	204	(B) contingent on the availability of funding;
205	205	and
206	206	(2) the department must consider the results of an
207	207	assessment, if conducted, under Subdivision (1).
208	208	(b) To control or prevent the spread of disease, deer to
209	209	which this subchapter applies may be destroyed only if the
210	210	department determines that the deer pose a threat to the health of
211	211	other deer or other species, including humans.
212	212	(c) The department shall carry out an order to destroy deer
213	213	after notice has been provided to the permit holder under Section
214	214	43.954.
215	215	Sec. 43.954. NOTICE OF DEER DESTRUCTION. (a) The
216	216	department must provide written notice of an order to destroy deer
217	217	to a permit holder before the department may destroy any of the deer
218	218	covered by the permit holder's permit.
219	219	(b) A notice provided under this section must be sent by
220	220	certified mail to the last known address of the permit holder and
221	221	must contain:
222	222	(1) the date of destruction, which may not be sooner
223	223	than the 10th day after the date of the notice;
224	224	(2) an explanation of any access restrictions imposed
225	225	on the facility or acreage covered by the permit during the
226	226	destruction of the deer; and
227	227	(3) an explanation of the reasons for the destruction,
228	228	including the results of any epidemiological assessment conducted
229	229	under Section 43.953(a) applicable to the deer that are the subject
230	230	of the notice.
231	231	(c) The permit holder may waive the notice requirements of
232	232	this section.
233	233	Sec. 43.955. COST RECOVERY. The applicable permit holder
234	234	shall pay all costs associated with:
235	235	(1) an epidemiological assessment conducted under
236	236	this subchapter to the animal health commission; and
237	237	(2) the destruction of deer under this subchapter to
238	238	the department.
239	239	SECTION 7. (a) Except as provided by Subsection (b) of this
240	240	section, Subchapter G, Chapter 12, Parks and Wildlife Code, as
241	241	added by this Act, applies only to an application for the issuance
242	242	or renewal of a permit submitted to the Parks and Wildlife
243	243	Department on or after the effective date of this Act. An
244	244	application submitted before the effective date of this Act is
245	245	governed by the law as it existed immediately before the effective
246	246	date of this Act, and that law is continued in effect for that
247	247	purpose.
248	248	(b) Section 12.607, Parks and Wildlife Code, as added by
249	249	this Act, applies only to an appeal of a decision of the Parks and
250	250	Wildlife Department refusing to issue or renew a permit that is
251	251	filed on or after the effective date of this Act. An appeal filed
252	252	before the effective date of this Act is governed by the law in
253	253	effect on the date the appeal was filed, and that law is continued
254	254	in effect for that purpose.
255	255	SECTION 8. Section 43.3591(d), Parks and Wildlife Code, as
256	256	added by this Act, applies only to an offense committed on or after
257	257	the effective date of this Act. An offense committed before the
258	258	effective date of this Act is governed by the law in effect on the
259	259	date the offense was committed, and the former law is continued in
260	260	effect for that purpose. For purposes of this section, an offense
261	261	was committed before the effective date of this Act if any element
262	262	of the offense occurred before that date.
263	263	SECTION 9. Not later than September 1, 2014, the Parks and
264	264	Wildlife Commission shall adopt rules as needed to implement
265	265	Subchapter G, Chapter 12, Parks and Wildlife Code, as added by this
266	266	Act.
267	267	SECTION 10. This Act takes effect September 1, 2013.