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Senate Bill 820 |
Senate Author: Williams et al. |
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Effective: 9-1-13 |
House Sponsor: Guillen et al. |
Senate Bill 820 amends the Parks and Wildlife Code to establish procedures by which the Texas Parks and Wildlife Department (TPWD) is authorized to refuse to issue or renew certain permits relating to the control, breeding, or management of deer. The bill requires the Parks and Wildlife Commission to adopt rules as needed to implement such procedures, including rules specifying procedures for the review of a refusal to issue or renew such a permit. The bill sets out provisions governing an appeal of a decision by TPWD refusing to issue or renew a permit.
Previous law authorized TPWD to issue a deer breeder's permit that is valid for longer than one year. Senate Bill 820 instead authorizes TPWD to issue a deer breeder's permit that is valid for one year, three years, or five years at the option of the person applying for the issuance or renewal of the permit. The bill establishes eligibility requirements for a three-year or five-year permit and authorizes the Parks and Wildlife Commission to adopt certain rules relating to eligibility for such a permit.
Senate Bill 820 requires TPWD, after an inspection, to notify a deer breeder in writing when TPWD has reason to believe the deer breeder possesses deer that may pose a disease risk to other deer and requires the notice to include an explanation of the rationale used to establish the disease risk. If genetic testing is timely conducted, the bill requires TPWD to postpone any actions that may be affected by the test results until the test results are available. The bill prohibits the use of the results of genetic testing as evidence to establish a defense against a fine imposed on a deer breeder found guilty of failure to keep records of all deer in a deer breeder facility. The bill requires the Parks and Wildlife Commission to adopt rules as needed to implement the bill's provisions governing genetic testing.
Senate Bill 820 establishes procedures for the destruction of deer held at a deer breeding facility, deer on acreage covered by a white-tailed deer management permit, or deer on acreage covered by a mule deer management permit. Those procedures apply only if TPWD determines that the deer pose a threat to the health of other deer or other species. Before any deer may be destroyed, the bill authorizes an agent of the Texas Animal Health Commission to conduct an epidemiological assessment, if the assessment can be conducted in a timely manner and contingent on the availability of funding, and requires TPWD to consider the results of the epidemiological assessment. The bill requires TPWD to provide certain written notice of an order to destroy deer to a permit holder before TPWD may destroy any of the deer covered by the permit holder's permit, unless the permit holder waives the notice requirements. The permit holder is responsible for all costs associated with the epidemiological assessment and the destruction of the deer.