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AN ACT
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relating to the management, breeding, and destruction of deer and |
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to procedures regarding certain deer permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 12.501, Parks and |
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Wildlife Code, is amended to read as follows: |
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(b) The director may suspend or revoke an original or |
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renewal permit or license issued under this code if it is found, |
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after notice and hearing, that: |
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(1) the permittee or licensee has been finally |
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convicted of a violation of this code or proclamation or regulation |
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adopted under this code relating to the permit or license to be |
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suspended or revoked; |
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(2) the permittee or licensee violated a provision of |
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this code or proclamation or regulation adopted under this code |
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relating to the permit or license to be suspended or revoked; |
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(3) the permittee or licensee made a false or |
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misleading statement in connection with the permittee's or |
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licensee's [his] original or renewal application, either in the |
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formal application itself or in any other written instrument |
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relating to the application submitted to the commission or its |
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officers or employees; |
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(4) the permittee or licensee is indebted to the state |
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for taxes, fees, or payment of penalties imposed by this code or by |
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a commission rule relating to a permit or license to be suspended or |
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revoked; or |
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(5) the permittee or licensee is liable to the state |
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under Section 12.301. |
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SECTION 2. Section 12.506, Parks and Wildlife Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) This section does not apply to the appeal of a decision |
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by the department refusing to issue or renew a permit to which |
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Subchapter G applies. |
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SECTION 3. Chapter 12, Parks and Wildlife Code, is amended |
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by adding Subchapter G to read as follows: |
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SUBCHAPTER G. REFUSAL TO ISSUE OR RENEW CERTAIN PERMITS RELATING TO |
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THE CONTROL, BREEDING, OR MANAGEMENT OF DEER; APPEAL OF CERTAIN |
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DECISIONS |
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Sec. 12.601. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to the following permits: |
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(1) a trap, transport, and transplant permit under |
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Section 43.061 or 43.0611; |
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(2) a trap, transport, and process permit under |
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Section 43.0612; |
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(3) a deer breeder's permit under Subchapter L, |
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Chapter 43; |
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(4) a white-tailed deer management permit under |
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Subchapter R, Chapter 43; and |
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(5) a mule deer management permit under Subchapter |
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R-1, Chapter 43. |
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Sec. 12.602. DEFINITIONS. In this subchapter: |
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(1) "Applicant" means a person who has applied for a |
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new or renewal permit. |
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(2) "Final conviction" means a final judgment of |
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guilt, the granting of deferred adjudication or pretrial diversion, |
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or the entering of a plea of guilty or nolo contendere. |
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Sec. 12.603. GENERAL CIRCUMSTANCES FOR REFUSAL TO ISSUE OR |
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RENEW PERMIT. The department may refuse to issue or renew a permit |
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if the applicant fails to submit in a timely manner the following: |
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(1) a completed application on a form supplied by the |
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department and all application materials required by the |
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department; |
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(2) the required permit fee; |
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(3) accurate reports as applicable; and |
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(4) any additional information that the department |
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determines is necessary to process the application. |
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Sec. 12.604. CONSIDERATIONS FOR ISSUANCE OR RENEWAL OF |
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PERMIT; APPLICANT WITH PRIOR PENALTIES OR CONVICTIONS. (a) This |
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section applies only to a determination of whether to issue a permit |
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to or renew a permit for an applicant who has a final conviction or |
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has been assessed an administrative penalty for a violation of: |
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(1) Subchapter C, E, L, R, or R-1, Chapter 43; |
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(2) a provision of this code not described by |
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Subdivision (1) that is punishable as a Class A or B Parks and |
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Wildlife Code misdemeanor, a Parks and Wildlife Code state jail |
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felony, or a Parks and Wildlife Code felony; |
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(3) Section 63.002; or |
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(4) the Lacey Act (16 U.S.C. Sections 3371-3378). |
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(b) In determining whether to issue a permit to or renew a |
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permit for an applicant who has a final conviction or has been |
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assessed an administrative penalty, the department shall consider: |
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(1) the number of final convictions or administrative |
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penalties; |
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(2) the seriousness of the conduct on which the final |
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conviction or administrative penalty is based; |
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(3) the existence, number, and seriousness of offenses |
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or violations other than offenses or violations that resulted in a |
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final conviction or administrative penalty described by Subsection |
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(a); |
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(4) the length of time between the most recent final |
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conviction or administrative penalty and the permit application; |
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(5) whether the final conviction, administrative |
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penalty, or other offense or violation was the result of negligence |
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or intentional conduct; |
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(6) whether the final conviction or administrative |
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penalty resulted from conduct committed or omitted by the |
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applicant, an agent of the applicant, or both; |
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(7) the accuracy of the permit history information |
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provided by the applicant; |
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(8) for a renewal, whether the applicant agreed to any |
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special provisions recommended by the department as conditions to |
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the expiring permit; and |
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(9) other mitigating factors. |
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Sec. 12.605. PROCEDURE FOR REFUSAL TO ISSUE OR RENEW |
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PERMIT. (a) Not later than the 10th day after the date a decision |
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to refuse to issue or renew a permit has been made, the department |
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shall provide to the applicant a written statement of the reasons |
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for the decision. |
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(b) The commission by rule shall adopt procedures |
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consistent with this subchapter for the department's review of a |
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refusal to issue or renew a permit. |
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Sec. 12.606. REVIEW OF REFUSAL TO ISSUE OR RENEW PERMIT. In |
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conducting a review of a decision by the department to refuse to |
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issue or renew a permit, the department shall consider: |
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(1) any applicable factors listed under Section |
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12.604; |
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(2) the applicant's efforts toward rehabilitation; |
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(3) whether there is a substantial likelihood that the |
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applicant would repeat the conduct on which the refusal is based; |
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(4) whether the conduct on which the refusal is based |
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involved a threat to public safety; and |
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(5) other mitigating factors. |
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Sec. 12.607. APPEAL OF DEPARTMENT DECISION REFUSING TO |
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ISSUE OR RENEW PERMIT. (a) Venue to appeal a decision of the |
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department refusing to issue or renew a permit is a district court |
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in Travis County. |
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(b) The appeal shall be by trial de novo. |
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SECTION 4. Section 43.352, Parks and Wildlife Code, is |
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amended by amending Subsection (b) and adding Subsections (c) and |
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(d) to read as follows: |
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(b) At the option of the person applying for the issuance or |
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renewal of a permit under this section, the [The] department may |
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issue a permit [under this section] that is valid for [longer than] |
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one year, three years, or five years. |
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(c) A three-year or five-year permit is available only to a |
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person who: |
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(1) has held a deer breeder's permit for the three |
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consecutive permit years immediately preceding the date of the |
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application for a three-year or five-year permit; |
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(2) agrees to submit the annual reports required under |
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this subchapter electronically; and |
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(3) meets any other criteria established by rule of |
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the commission. |
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(d) The commission may adopt rules allowing the department |
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to revoke a three-year or five-year permit before the date |
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specified for expiration of the permit if the permit holder fails to |
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submit the annual reports electronically as required. |
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SECTION 5. Subchapter L, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Section 43.3591 to read as follows: |
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Sec. 43.3591. GENETIC TESTING. (a) In this section: |
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(1) "DNA" means deoxyribonucleic acid. |
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(2) "Genetic test" means a laboratory analysis of a |
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deer's genes, gene products, or chromosomes that: |
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(A) analyzes the deer's DNA, RNA, proteins, or |
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chromosomes; and |
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(B) is performed to determine genetically the |
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deer's ancestral lineage or descendants. |
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(3) "RNA" means ribonucleic acid. |
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(b) After an inspection, the department shall notify a deer |
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breeder in writing when the department has reason to believe the |
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deer breeder possesses deer that may pose a disease risk to other |
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deer. The notice must include an explanation of the rationale used |
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to establish the disease risk. |
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(c) If genetic testing is timely conducted, the department |
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must postpone any actions that may be affected by the test results |
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until the test results are available. |
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(d) The results of genetic testing may not be used as |
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evidence to establish a defense against a fine imposed on a deer |
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breeder found guilty of failure to keep records of all deer in a |
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deer breeder facility as required by this subchapter. |
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(e) The commission shall adopt rules as needed to implement |
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this section. |
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SECTION 6. Chapter 43, Parks and Wildlife Code, is amended |
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by adding Subchapter X to read as follows: |
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SUBCHAPTER X. DEER DISPOSITION PROTOCOL |
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Sec. 43.951. APPLICABILITY. This subchapter applies only |
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to the disposition of the following deer: |
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(1) deer held at a facility covered by a permit issued |
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under Subchapter L; |
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(2) deer on acreage covered by a permit issued under |
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Subchapter R; and |
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(3) deer on acreage covered by a permit issued under |
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Subchapter R-1. |
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Sec. 43.952. DEFINITIONS. In this subchapter: |
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(1) "Animal health commission" means the Texas Animal |
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Health Commission. |
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(2) "Permit" means a permit issued under Subchapter L, |
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R, or R-1. |
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(3) "Permit holder" means a person to whom a permit is |
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issued under Subchapter L, R, or R-1. |
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Sec. 43.953. DESTRUCTION OF DEER. (a) Before any deer may |
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be destroyed under this subchapter: |
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(1) an agent of the animal health commission may |
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conduct an epidemiological assessment: |
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(A) if the assessment can be conducted in a |
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timely manner; and |
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(B) contingent on the availability of funding; |
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and |
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(2) the department must consider the results of an |
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assessment, if conducted, under Subdivision (1). |
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(b) To control or prevent the spread of disease, deer to |
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which this subchapter applies may be destroyed only if the |
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department determines that the deer pose a threat to the health of |
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other deer or other species, including humans. |
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(c) The department shall carry out an order to destroy deer |
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after notice has been provided to the permit holder under Section |
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43.954. |
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Sec. 43.954. NOTICE OF DEER DESTRUCTION. (a) The |
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department must provide written notice of an order to destroy deer |
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to a permit holder before the department may destroy any of the deer |
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covered by the permit holder's permit. |
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(b) A notice provided under this section must be sent by |
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certified mail to the last known address of the permit holder and |
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must contain: |
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(1) the date of destruction, which may not be sooner |
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than the 10th day after the date of the notice; |
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(2) an explanation of any access restrictions imposed |
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on the facility or acreage covered by the permit during the |
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destruction of the deer; and |
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(3) an explanation of the reasons for the destruction, |
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including the results of any epidemiological assessment conducted |
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under Section 43.953(a) applicable to the deer that are the subject |
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of the notice. |
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(c) The permit holder may waive the notice requirements of |
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this section. |
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Sec. 43.955. COST RECOVERY. The applicable permit holder |
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shall pay all costs associated with: |
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(1) an epidemiological assessment conducted under |
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this subchapter to the animal health commission; and |
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(2) the destruction of deer under this subchapter to |
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the department. |
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SECTION 7. (a) Except as provided by Subsection (b) of this |
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section, Subchapter G, Chapter 12, Parks and Wildlife Code, as |
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added by this Act, applies only to an application for the issuance |
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or renewal of a permit submitted to the Parks and Wildlife |
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Department on or after the effective date of this Act. An |
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application submitted before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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(b) Section 12.607, Parks and Wildlife Code, as added by |
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this Act, applies only to an appeal of a decision of the Parks and |
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Wildlife Department refusing to issue or renew a permit that is |
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filed on or after the effective date of this Act. An appeal filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the appeal was filed, and that law is continued |
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in effect for that purpose. |
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SECTION 8. Subsection (d), Section 43.3591, Parks and |
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Wildlife Code, as added by this Act, applies only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 9. Not later than September 1, 2014, the Parks and |
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Wildlife Commission shall adopt rules as needed to implement |
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Subchapter G, Chapter 12, Parks and Wildlife Code, as added by this |
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Act. |
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SECTION 10. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 820 passed the Senate on |
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April 4, 2013, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 8, 2013, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 820 passed the House, with |
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amendment, on May 2, 2013, by the following vote: Yeas 147, Nays 0, |
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two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |