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A BILL TO BE ENTITLED
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AN ACT
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relating to the destruction of deer covered by a deer breeder permit |
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or deer management permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.351, Parks and Wildlife Code, is |
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amended by adding Subdivision (8) to read as follows: |
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(8) "Animal health commission" means the Texas Animal |
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Health Commission. |
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SECTION 2. Subchapter L, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Sections 43.3591 and 43.3661 to read as |
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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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Sec. 43.3661. RULES. The commission may adopt rules as |
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needed to implement this subchapter. |
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SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Sections 43.370, 43.371, and 43.372 to |
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read as follows: |
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Sec. 43.370. DESTRUCTION OF DEER. (a) To control or |
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prevent the spread of disease, deer held at a deer breeding facility |
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may be destroyed only if: |
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(1) an agent of the animal health commission has |
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conducted an epidemiological assessment; |
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(2) based on the assessment under Subdivision (1), the |
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executive director of the animal health commission determines that |
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the deer pose a threat to the health of other deer or other species, |
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including humans; and |
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(3) the executive director of the animal health |
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commission orders the destruction of the deer. |
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(b) The animal health commission shall provide written |
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notification of an order to destroy deer to: |
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(1) the department; and |
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(2) the applicable deer breeder as provided by Section |
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43.371. |
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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 applicable deer breeder. The |
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destruction must be conducted in the presence of and under the |
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direction of animal health commission officials. |
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Sec. 43.371. NOTICE OF DEER DESTRUCTION. (a) The animal |
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health commission must provide notice to a deer breeder before the |
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department may destroy any of the deer held at the deer breeder's |
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facility. |
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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 deer breeder 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 deer breeder's facility during the destruction of the deer; |
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and |
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(3) an explanation of the reasons for the destruction. |
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Sec. 43.372. COST RECOVERY. The deer breeder shall pay to |
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the department all costs associated with the epidemiological |
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assessment and destruction of deer under this subchapter. The |
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department and the animal health commission shall divide the |
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payment to cover the costs incurred by each agency in carrying out |
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their respective duties under this subchapter. |
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SECTION 4. Subchapter R, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Section 43.6011 to read as follows: |
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Sec. 43.6011. DEFINITION. In this subchapter, "animal |
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health commission" means the Texas Animal Health Commission. |
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SECTION 5. Subchapter R, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Sections 43.608, 43.609, and 43.610 to |
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read as follows: |
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Sec. 43.608. DESTRUCTION OF DEER. (a) To control or |
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prevent the spread of disease, deer on acreage covered by a permit |
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issued under this subchapter may be destroyed only if: |
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(1) an agent of the animal health commission has |
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conducted an epidemiological assessment; |
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(2) based on the assessment under Subdivision (1), the |
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executive director of the animal health commission determines that |
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the deer pose a threat to the health of other deer or other species, |
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including humans; and |
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(3) the executive director of the animal health |
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commission orders the destruction of the deer. |
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(b) The animal health commission shall provide written |
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notification of an order to destroy deer to: |
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(1) the department; and |
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(2) the applicable permit holder as provided by |
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Section 43.609. |
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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 applicable permit holder. The |
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destruction must be conducted in the presence of and under the |
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direction of animal health commission officials. |
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Sec. 43.609. NOTICE OF DEER DESTRUCTION. (a) The animal |
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health commission must provide notice to a permit holder before the |
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department may destroy any of the deer covered by the 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 acreage covered by the permit during the destruction of the |
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deer; and |
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(3) an explanation of the reasons for the destruction. |
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Sec. 43.610. COST RECOVERY. The permit holder shall pay to |
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the department all costs associated with the epidemiological |
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assessment and destruction of deer under this subchapter. The |
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department and the animal health commission shall divide the |
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payment to cover the costs incurred by each agency in carrying out |
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their respective duties under this subchapter. |
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SECTION 6. Section 43.3591(d), Parks and Wildlife Code, as |
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added by this Act, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2011. |