| |
| |
|
|
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. |