82R3063 SLB-D

By: Phillips H.B. No. 1026

A BILL TO BE ENTITLED

AN ACT

relating to the review, notice, and hearing requirements associated with certain deer permits.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.501(b), Parks and Wildlife Code, is amended to read as follows:

(b) Except as provided by Subchapter G, the [The] director may suspend or revoke an original or renewal permit or license issued under this code if it is found, after notice and hearing, that:

(1) the permittee or licensee has been finally convicted of a violation of this code or proclamation or regulation adopted under this code relating to the permit or license to be suspended or revoked;

(2) the permittee or licensee violated a provision of this code or proclamation or regulation adopted under this code relating to the permit or license to be suspended or revoked;

(3) the permittee or licensee made a false or misleading statement in connection with the permittee's or licensee's [his] original or renewal application, either in the formal application itself or in any other written instrument relating to the application submitted to the commission or its officers or employees;

(4) the permittee or licensee is indebted to the state for taxes, fees, or payment of penalties imposed by this code or by a commission rule relating to a permit or license to be suspended or revoked; or

(5) the permittee or licensee is liable to the state under Section 12.301.

SECTION 2. Section 12.506, Parks and Wildlife Code, is amended by adding Subsection (c) to read as follows:

(c) This section does not apply to a permit to which Subchapter G applies.

SECTION 3. Section 12.508(b), Parks and Wildlife Code, is amended to read as follows:

(b) Except as provided by Subchapter G, the [The] department may refuse to issue or transfer an original or renewal license, permit, or tag if the applicant or transferee:

(1) has been finally convicted of a violation under this code or a rule adopted or a proclamation issued under this code;

(2) is liable to the state under Section 12.301; and

(3) has failed to fully pay the amount due under Section 12.301 after the department has issued notice of liability to the applicant or transferee.

SECTION 4. Chapter 12, Parks and Wildlife Code, is amended by adding Subchapter G to read as follows:

SUBCHAPTER G. REVOCATION, SUSPENSION, OR REFUSAL OF CERTAIN

PERMITS RELATING TO THE CONTROL, BREEDING, OR MANAGEMENT OF DEER

Sec. 12.601. APPLICABILITY OF SUBCHAPTER. This subchapter applies to the following permits:

(1) a trap, transport, and transplant permit under Section 43.061 or 43.0611;

(2) a trap, transport, and process permit under Section 43.0612;

(3) a deer breeder's permit under Subchapter L, Chapter 43;

(4) a deer management permit under Subchapter R, Chapter 43; and

(5) any other permit related to the control, breeding, or management of deer in this state.

Sec. 12.602. REVOCATION, SUSPENSION, OR REFUSAL OF PERMIT. (a) In this subchapter:

(1) "Finally convicted" includes a final judgment of guilt, deferred adjudication, or a plea of guilty, but does not include a plea of nolo contendere.

(2) "Permittee" has the meaning assigned by Section 12.501(a).

(b) The director may suspend or revoke a permit to which this subchapter applies, or may refuse an application to renew a permit to which this subchapter applies, after notice and hearing as provided by Section 12.502 and after considering:

(1) whether the permittee or applicant has been previously finally convicted of an offense that is a violation of this code or a proclamation issued or a regulation adopted under this code relating to the permit to be suspended, revoked, or refused, the seriousness of the previous offense, and whether the offense was the result of negligence or criminal intent;

(2) any threat to the public safety posed by the permittee or applicant;

(3) whether the permittee or applicant made a false or misleading statement in connection with the permittee's or applicant's original or renewal application, including in the application form and in any other written instrument relating to the application submitted to the commission or its officers or employees;

(4) whether the permittee or applicant is indebted to the state for taxes, fees, or payment of penalties imposed by this code or by a commission rule relating to the permit to be suspended, revoked, or refused;

(5) whether the permittee or applicant is liable to the state under Section 12.301; and

(6) any mitigating factors.

Sec. 12.603. APPEAL FROM REVOCATION, SUSPENSION, OR REFUSAL OF PERMIT. (a) Venue for an appeal from an order of the department refusing to renew a permit or revoking or suspending a permit to which this subchapter applies is a district court in:

(1) the county where the permitted facility, if applicable, is located; or

(2) the county where the permittee resides.

(b) The appeal shall be by trial de novo.

SECTION 5. Subchapter L, Chapter 43, Parks and Wildlife Code, is amended by adding Section 43.370 to read as follows:

Sec. 43.370. NOTICE OF DEPARTMENT DESTRUCTION OR REMOVAL OF DEER. (a) The department must provide notice to a permittee before the department destroys or removes any breeder deer from a facility permitted under this subchapter.

(b) A notice provided under this section must be sent by certified mail to the last known address of the permittee and must contain:

(1) a short statement identifying the specific deer to be destroyed or removed;

(2) the date of destruction or removal, which may not be sooner than the 10th day after the date of the notice; and

(3) a detailed explanation of the reasons for the destruction or removal.

SECTION 6. Subchapter R, Chapter 43, Parks and Wildlife Code, is amended by adding Section 43.6055 to read as follows:

Sec. 43.6055. NOTICE OF DEPARTMENT DESTRUCTION OR REMOVAL OF DEER. (a) The department must provide notice to a permit holder before the department destroys or removes any deer from the acreage covered by the permit.

(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) a short statement identifying the specific deer to be destroyed or removed;

(2) the date of destruction or removal, which may not be sooner than the 10th day after the date of the notice; and

(3) a detailed explanation of the reasons for the destruction or removal.

SECTION 7. The changes in law made by this Act apply only to a permit to which Subchapter G, Chapter 12, Parks and Wildlife Code, as added by this Act, applies that is issued or renewed on or after the effective date of this Act. A permit issued or renewed before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 8. This Act takes effect September 1, 2011.