Texas 2023 - 88th Regular

Texas Senate Bill SB312 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4501 BEE-D
2	2	By: Hall S.B. No. 312
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the assessment, destruction, disposal, and release of
8	8	certain deer.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter L, Chapter 43, Parks and Wildlife
11	11	Code, is amended by adding Section 43.3635 to read as follows:
12	12	Sec. 43.3635. RELEASE OF BREEDER DEER AFTER NEGATIVE TEST
13	13	RESULT. Notwithstanding any other provision of this chapter, a
14	14	breeder deer for which a negative test result is obtained during an
15	15	epidemiological assessment conducted under Section 43.953(a) may
16	16	be released onto a release site in accordance with Section 43.361 at
17	17	any time on or before the 14th day after the date of the negative
18	18	test result.
19	19	SECTION 2. Section 43.953(a), Parks and Wildlife Code, is
20	20	amended to read as follows:
21	21	(a) Before any deer may be destroyed under this subchapter:
22	22	(1) an agent of the animal health commission shall
23	23	[may] conduct an epidemiological assessment of the deer considered
24	24	for destruction and must obtain a positive test result from the deer
25	25	using the least intrusive test feasible[:
26	26	[(A) if the assessment can be conducted in a
27	27	timely manner; and
28	28	[(B) contingent on the availability of funding];
29	29	and
30	30	(2) the department must consider the results of the
31	31	[an] assessment[, if] conducted[,] under Subdivision (1).
32	32	SECTION 3. Section 43.954(b), Parks and Wildlife Code, is
33	33	amended to read as follows:
34	34	(b) A notice provided under this section must be sent by
35	35	certified mail to the last known address of the permit holder and
36	36	must contain:
37	37	(1) the date of destruction, which may not be sooner
38	38	than the 10th day after the date of the notice;
39	39	(2) an explanation of any access restrictions imposed
40	40	on the facility or acreage covered by the permit during the
41	41	destruction of the deer; and
42	42	(3) an explanation of the reasons for the destruction,
43	43	including the results of the [any] epidemiological assessment
44	44	conducted under Section 43.953(a) applicable to the deer that are
45	45	the subject of the notice.
46	46	SECTION 4. Section 43.955, Parks and Wildlife Code, is
47	47	amended to read as follows:
48	48	Sec. 43.955. COST OF ASSESSMENT AND DESTRUCTION OF DEER
49	49	[RECOVERY]. The department [applicable permit holder] shall pay
50	50	all costs associated with:
51	51	(1) the [an] epidemiological assessment conducted
52	52	under Section 43.953(a) [this subchapter] to the animal health
53	53	commission; and
54	54	(2) the destruction of deer under this subchapter,
55	55	including any costs associated with the disposal of the deer [to the
56	56	department].
57	57	SECTION 5. As soon as practicable after the effective date
58	58	of this Act, the Parks and Wildlife Commission shall adopt or amend
59	59	rules as necessary to comply with the changes in law made by this
60	60	Act.
61	61	SECTION 6. The change in law made by this Act to Section
62	62	43.955, Parks and Wildlife Code, applies only to the payment of
63	63	costs arising from an epidemiological assessment conducted, or the
64	64	destruction of deer commenced, on or after the effective date of
65	65	this Act.
66	66	SECTION 7. This Act takes effect immediately if it receives
67	67	a vote of two-thirds of all the members elected to each house, as
68	68	provided by Section 39, Article III, Texas Constitution. If this
69	69	Act does not receive the vote necessary for immediate effect, this
70	70	Act takes effect September 1, 2023.