1 | 1 | | 88R12122 MP-F |
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2 | 2 | | By: Bailes H.B. No. 3073 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to costs associated with and procedures for the assessment |
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8 | 8 | | and destruction of certain deer. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 43.953, Parks and Wildlife Code, is |
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11 | 11 | | amended to read as follows: |
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12 | 12 | | Sec. 43.953. ASSESSMENT AND DESTRUCTION OF DEER. (a) |
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13 | 13 | | Before any deer may be destroyed under this subchapter: |
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14 | 14 | | (1) an agent of the animal health commission shall, in |
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15 | 15 | | a timely manner, [may] conduct an epidemiological assessment that |
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16 | 16 | | includes live animal testing of each deer considered for |
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17 | 17 | | destruction[: |
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18 | 18 | | [(A) if the assessment can be conducted in a |
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19 | 19 | | timely manner; and |
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20 | 20 | | [(B) contingent on the availability of funding]; |
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21 | 21 | | and |
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22 | 22 | | (2) the department must consider the results of the |
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23 | 23 | | [an] assessment[, if] conducted[,] under Subdivision (1). |
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24 | 24 | | (b) To control or prevent the spread of disease, deer to |
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25 | 25 | | which this subchapter applies may be destroyed only if the |
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26 | 26 | | department determines, after considering the results of an |
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27 | 27 | | assessment conducted under Subsection (a), that the deer pose a |
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28 | 28 | | threat to the health of other deer or other species, including |
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29 | 29 | | humans. |
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30 | 30 | | (c) The department may [shall] carry out an order to destroy |
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31 | 31 | | deer only after: |
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32 | 32 | | (1) making the determination required by Subsection |
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33 | 33 | | (b); and |
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34 | 34 | | (2) providing notice [has been provided] to the permit |
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35 | 35 | | holder under Section 43.954. |
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36 | 36 | | (d) A permit holder may waive any requirement of this |
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37 | 37 | | section. |
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38 | 38 | | SECTION 2. Section 43.954(b), Parks and Wildlife Code, is |
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39 | 39 | | amended to read as follows: |
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40 | 40 | | (b) A notice provided under this section must be sent by |
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41 | 41 | | certified mail to the last known address of the permit holder and |
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42 | 42 | | must contain: |
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43 | 43 | | (1) the date of destruction, which may not be sooner |
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44 | 44 | | than the 10th day after the date of the notice; |
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45 | 45 | | (2) an explanation of any access restrictions imposed |
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46 | 46 | | on the facility or acreage covered by the permit during the |
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47 | 47 | | destruction of the deer; and |
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48 | 48 | | (3) an explanation of the reasons for the destruction, |
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49 | 49 | | including the results of the [any] epidemiological assessment |
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50 | 50 | | conducted under Section 43.953(a) applicable to the deer that are |
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51 | 51 | | the subject of the notice. |
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52 | 52 | | SECTION 3. Section 43.955, Parks and Wildlife Code, is |
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53 | 53 | | amended to read as follows: |
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54 | 54 | | Sec. 43.955. COST OF ASSESSMENT AND DESTRUCTION OF DEER |
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55 | 55 | | [RECOVERY]. The department [applicable permit holder] shall pay |
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56 | 56 | | all costs associated with: |
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57 | 57 | | (1) the [an] epidemiological assessment conducted |
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58 | 58 | | under Section 43.953(a) [this subchapter] to the animal health |
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59 | 59 | | commission; and |
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60 | 60 | | (2) the destruction of deer under this subchapter, |
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61 | 61 | | including any costs associated with the disposal of the deer [to the |
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62 | 62 | | department]. |
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63 | 63 | | SECTION 4. (a) Sections 43.953 and 43.954(b), Parks and |
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64 | 64 | | Wildlife Code, as amended by this Act, apply only to the destruction |
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65 | 65 | | of deer on or after the effective date of this Act. |
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66 | 66 | | (b) Section 43.955, Parks and Wildlife Code, as amended by |
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67 | 67 | | this Act, applies only to the payment of costs arising from an |
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68 | 68 | | epidemiological assessment conducted, or the destruction of deer |
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69 | 69 | | commencing, on or after the effective date of this Act. |
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70 | 70 | | SECTION 5. This Act takes effect September 1, 2023. |
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