88R4501 BEE-D
By: Hall S.B. No. 312
A BILL TO BE ENTITLED
AN ACT
relating to the assessment, destruction, disposal, and release of
certain deer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter L, Chapter 43, Parks and Wildlife
Code, is amended by adding Section 43.3635 to read as follows:
Sec. 43.3635. RELEASE OF BREEDER DEER AFTER NEGATIVE TEST
RESULT. Notwithstanding any other provision of this chapter, a
breeder deer for which a negative test result is obtained during an
epidemiological assessment conducted under Section 43.953(a) may
be released onto a release site in accordance with Section 43.361 at
any time on or before the 14th day after the date of the negative
test result.
SECTION 2. Section 43.953(a), Parks and Wildlife Code, is
amended to read as follows:
(a) Before any deer may be destroyed under this subchapter:
(1) an agent of the animal health commission shall
[may] conduct an epidemiological assessment of the deer considered
for destruction and must obtain a positive test result from the deer
using the least intrusive test feasible[:
[(A) if the assessment can be conducted in a
timely manner; and
[(B) contingent on the availability of funding];
and
(2) the department must consider the results of the
[an] assessment[, if] conducted[,] under Subdivision (1).
SECTION 3. Section 43.954(b), Parks and Wildlife Code, is
amended to read as follows:
(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 facility or acreage covered by the permit during the
destruction of the deer; and
(3) an explanation of the reasons for the destruction,
including the results of the [any] epidemiological assessment
conducted under Section 43.953(a) applicable to the deer that are
the subject of the notice.
SECTION 4. Section 43.955, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.955. COST OF ASSESSMENT AND DESTRUCTION OF DEER
[RECOVERY]. The department [applicable permit holder] shall pay
all costs associated with:
(1) the [an] epidemiological assessment conducted
under Section 43.953(a) [this subchapter] to the animal health
commission; and
(2) the destruction of deer under this subchapter,
including any costs associated with the disposal of the deer [to the
department].
SECTION 5. As soon as practicable after the effective date
of this Act, the Parks and Wildlife Commission shall adopt or amend
rules as necessary to comply with the changes in law made by this
Act.
SECTION 6. The change in law made by this Act to Section
43.955, Parks and Wildlife Code, applies only to the payment of
costs arising from an epidemiological assessment conducted, or the
destruction of deer commenced, on or after the effective date of
this Act.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.