Texas 2023 - 88th Regular

Texas House Bill HB3073 Compare Versions

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11 88R12122 MP-F
22 By: Bailes H.B. No. 3073
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to costs associated with and procedures for the assessment
88 and destruction of certain deer.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 43.953, Parks and Wildlife Code, is
1111 amended to read as follows:
1212 Sec. 43.953. ASSESSMENT AND DESTRUCTION OF DEER. (a)
1313 Before any deer may be destroyed under this subchapter:
1414 (1) an agent of the animal health commission shall, in
1515 a timely manner, [may] conduct an epidemiological assessment that
1616 includes live animal testing of each deer considered for
1717 destruction[:
1818 [(A) if the assessment can be conducted in a
1919 timely manner; and
2020 [(B) contingent on the availability of funding];
2121 and
2222 (2) the department must consider the results of the
2323 [an] assessment[, if] conducted[,] under Subdivision (1).
2424 (b) To control or prevent the spread of disease, deer to
2525 which this subchapter applies may be destroyed only if the
2626 department determines, after considering the results of an
2727 assessment conducted under Subsection (a), that the deer pose a
2828 threat to the health of other deer or other species, including
2929 humans.
3030 (c) The department may [shall] carry out an order to destroy
3131 deer only after:
3232 (1) making the determination required by Subsection
3333 (b); and
3434 (2) providing notice [has been provided] to the permit
3535 holder under Section 43.954.
3636 (d) A permit holder may waive any requirement of this
3737 section.
3838 SECTION 2. Section 43.954(b), Parks and Wildlife Code, is
3939 amended to read as follows:
4040 (b) A notice provided under this section must be sent by
4141 certified mail to the last known address of the permit holder and
4242 must contain:
4343 (1) the date of destruction, which may not be sooner
4444 than the 10th day after the date of the notice;
4545 (2) an explanation of any access restrictions imposed
4646 on the facility or acreage covered by the permit during the
4747 destruction of the deer; and
4848 (3) an explanation of the reasons for the destruction,
4949 including the results of the [any] epidemiological assessment
5050 conducted under Section 43.953(a) applicable to the deer that are
5151 the subject of the notice.
5252 SECTION 3. Section 43.955, Parks and Wildlife Code, is
5353 amended to read as follows:
5454 Sec. 43.955. COST OF ASSESSMENT AND DESTRUCTION OF DEER
5555 [RECOVERY]. The department [applicable permit holder] shall pay
5656 all costs associated with:
5757 (1) the [an] epidemiological assessment conducted
5858 under Section 43.953(a) [this subchapter] to the animal health
5959 commission; and
6060 (2) the destruction of deer under this subchapter,
6161 including any costs associated with the disposal of the deer [to the
6262 department].
6363 SECTION 4. (a) Sections 43.953 and 43.954(b), Parks and
6464 Wildlife Code, as amended by this Act, apply only to the destruction
6565 of deer on or after the effective date of this Act.
6666 (b) Section 43.955, Parks and Wildlife Code, as amended by
6767 this Act, applies only to the payment of costs arising from an
6868 epidemiological assessment conducted, or the destruction of deer
6969 commencing, on or after the effective date of this Act.
7070 SECTION 5. This Act takes effect September 1, 2023.