BILL ANALYSIS |
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C.S.H.B. 3778 |
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By: Guillen |
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Culture, Recreation & Tourism |
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Committee Report (Substituted) |
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BACKGROUND AND PURPOSE
Interested parties contend that current policies of the Parks and Wildlife Department (TPWD) regarding the failure to properly document deer have resulted in the unnecessary destruction of individual deer and groups of deer. C.S.H.B. 3778 seeks to prevent such destruction by allowing a deer breeder to conduct genetic testing to establish the lineage of unmarked deer, if such testing is timely completed, and transfers decision-making authority for the destruction of deer from TPWD to the Texas Animal Health Commission.
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RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Parks and Wildlife Commission in SECTION 2 of this bill.
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ANALYSIS
C.S.H.B. 3778 amends the Parks and Wildlife Code to require the Texas Parks and Wildlife Department (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. The bill requires TPWD, if genetic testing is timely conducted, to postpone any actions that may be affected by the test results until the test results are available.
C.S.H.B. 3778 prohibits the results of genetic testing to be used 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 as required by state law. The bill authorizes the Parks and Wildlife Commission to adopt rules as needed to implement provisions of law relating to a deer breeder's permit. The bill defines "DNA," "genetic test," and "RNA" for purposes of the bill's provisions relating to genetic testing of deer.
C.S.H.B. 3778 authorizes deer held at a deer breeding facility or deer on acreage covered by a deer management permit to be destroyed to control or prevent the spread of disease only if an agent of the Texas Animal Health Commission has conducted an epidemiological assessment; the executive director of the animal health commission determines that the deer pose a threat to the health of other deer or other species, including humans, based on the assessment; and the executive director of the animal health commission orders the destruction of the deer.
C.S.H.B. 3778 requires the animal health commission to provide written notification of an order to destroy deer to TPWD and the applicable deer breeder or permit holder. The bill requires the department to carry out an order to destroy deer after notice has been provided to the applicable deer breeder or permit holder and requires the destruction to be conducted in the presence of and under the direction of animal health commission officials.
C.S.H.B. 3778 requires the animal health commission to provide notice to a deer breeder or permit holder before TPWD may destroy any of the deer held at the deer breeder's facility or any of the deer covered by the deer management permit, as applicable. The bill requires such a notice to be sent by certified mail to the last known address of the deer breeder or permit holder and requires the notice to contain the date of destruction, which may not be sooner than the 10th day after the date of the notice; an explanation of any access restrictions imposed on the deer breeder's facility or on the acreage covered by the permit during the destruction of the deer; and an explanation of the reasons for the destruction. The bill requires the deer breeder or permit holder to pay to TPWD all costs associated with the epidemiological assessment and destruction of deer and requires the department and the animal health commission to divide the payment to cover the costs incurred by each agency in carrying out their respective duties under provisions of law relating to a deer breeder's permit and a deer management permit.
C.S.H.B. 3778 defines "animal health commission" for purposes of provisions of law relating to a deer breeder's permit and a deer management permit.
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EFFECTIVE DATE
September 1, 2011.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
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C.S.H.B. 3778 contains a provision not included in the original defining "animal health commission" for purposes of provisions of law relating to a deer breeder's permit and a deer management permit.
C.S.H.B. 3778 contains provisions not included in the original relating to the genetic testing of deer, including definitions for "DNA," "genetic test," and "RNA," and authorizing the Parks and Wildlife Commission to adopt rules as needed to implement certain provisions relating to a deer breeder's permit.
C.S.H.B. 3778 differs from the original by setting out provisions relating to the destruction of deer held at a deer breeding facility or deer on acreage covered by a deer management permit issued under state law, whereas the original sets out provisions relating to the destruction or removal of deer held by deer breeders or deer at an unspecified location.
C.S.H.B. 3778 differs from the original by authorizing the destruction of deer held at a deer breeding facility or on acreage covered by the permit only if an agent of the Texas Animal Health Commission has conducted an epidemiological assessment and the executive director of the animal health commission, based on that assessment, determines that the deer pose a threat to the health of other deer or other species, including humans, and orders the destruction of the deer, whereas the original authorizes the destruction or removal of deer only if the destruction is ordered by the animal health commission after an examination of the deer and a finding of a livestock or wildlife health related threat from the deer.
C.S.H.B. 3778 omits provisions included in the original relating to the establishment by the Parks and Wildlife Department (TPWD) of a list of fines and amounts of those fines for certain violations involving deer and relating to the decision by officials of the animal health commission regarding issues of possible disease in deer herds which could require action by state officials to remove or destroy deer.
C.S.H.B. 3778 differs from the original by requiring the animal health commission to provide notice to a deer breeder or deer management permit holder before TPWD may destroy any of the deer held at the deer breeder's facility or covered by the permit, whereas the original requires TPWD to provide notice to the holder of a deer breeder permit or a deer management permit before the department destroys or removes any deer from a permitted facility.
C.S.H.B. 3778 differs from the original, in provisions setting out requirements for the notice of deer destruction, by omitting the requirement included in the original that the notice include a short statement identifying the deer to be destroyed or removed and omitting a reference included in the original to the explanation in the notice of the access restrictions that will be placed on a ranch, in addition to a facility, during the destruction or removal of the deer.
C.S.H.B. 3778 omits a provision included in the original requiring a game warden or other employee who inspects or enforces the original's provisions relating to a notice of the destruction or removal of deer by TPWD to be given special training by the department dealing with proper procedures and notification requirements.
C.S.H.B. 3778 differs from the original by requiring a deer breeder or a deer management permit holder to pay to TPWD all costs associated with the epidemiological assessment and destruction of deer, whereas the original requires the cost of the expenses for any destruction or removal of deer from a deer breeder facility or other location to be paid by the deer breeder permittee.
C.S.H.B. 3778 contains a provision not included in the original establishing that a provision of the substitute making it an offense for a deer breeder to fail to meet certain recordkeeping requirements regarding genetic testing of deer is applicable only to an offense committed on or after the substitute's effective date.
C.S.H.B. 3778 omits a provision included in the original making changes in law made by the original applicable to all inspections, investigations, or actions that take place after the original's effective date.
C.S.H.B. 3778 contains a provision not included in the original setting an effective date of September 1, 2011.
C.S.H.B. 3778 differs from the original in nonsubstantive ways. |