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A BILL TO BE ENTITLED
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AN ACT
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relating to deer removal, destruction, and deer breeder operations; |
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providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter L, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Section 43.370 to read as follows: |
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Sec. 43.370. NOTICE OF DEPARTMENT DESTRUCTION OR REMOVAL OF |
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DEER. (a) Deer being held by deer breeders may only be destroyed, |
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or removed due to disease concerns, |
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(a.1) if the destruction is ordered by the Texas Animal |
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Health Commission after an examination of the deer and |
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(a.2) a finding of a livestock or wildlife health related |
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threat from the deer to be destroyed or removed. |
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(b) The department shall establish a list of fines and |
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amounts of those fines for violations of documentation and other |
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rules established by the department or the Texas Animal Health |
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Commission to apply to violations that do not include a finding of |
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a livestock or wildlife health threat from the deer being |
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documented and an order for the destruction of the breeder deer. |
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(c) Any issue of possible disease in a deer herd held by a |
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deer breeder which could require action by state officials to |
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remove or destroy deer must be decided by officials of the Texas |
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Animal Health Commission and communicated in writing to the Texas |
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Parks and Wildlife officials and the deer breeder permittee for |
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action. |
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(d) Cost of the expenses for any destruction or removal of |
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deer from a deer breeder facility or other location will be paid by |
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the deer breeder permittee and will be shared with the department |
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and the Texas Animal Health Commission to defray their expenses. |
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(e) The department must provide notice to a permittee before |
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the department destroys or removes any deer from a facility |
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permitted under this subchapter. |
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(f) A notice provided under this section must be sent by |
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certified mail by the Animal Health Commission to the last known |
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address of the permittee and must contain: |
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(1) a short statement identifying the deer to be |
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destroyed or removed; |
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(2) the date of destruction or removal, which may not |
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be sooner than the 10th day after the date of the notice; and |
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(3) an explanation of what access restrictions will be |
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placed on a ranch or facility during the destruction or removal of |
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the deer. |
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(4) an explanation of the reasons for the destruction |
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or removal. |
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(g) A game warden or other employee who inspects or enforces |
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the provisions of this section shall be given special training by |
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the department dealing with proper procedures and notification |
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requirements. |
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(h) Any destruction of deer carried out under this section |
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must be done in the presence of and under the direction of |
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officials of the Texas Animal Health Commission. |
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SECTION 2. Subchapter R, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Section 43.6055 to read as follows: |
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Sec. 43.6055. NOTICE OF DEPARTMENT DESTRUCTION OR REMOVAL |
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OF DEER. (a) Deer may only be destroyed, or removed due to disease |
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|
concerns, if the destruction is ordered by the Texas Animal Health |
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|
Commission after an examination of the deer and a finding of a |
|
|
livestock or wildlife health related threat from the deer to be |
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|
destroyed or removed. |
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|
(b) The department shall establish a list of fines and |
|
|
amounts of those fines for violations of documentation and other |
|
|
rules established by the department or the Texas Animal Health |
|
|
Commission to apply to violations that do not include a finding of a |
|
|
livestock or wildlife health threat from the deer being documented |
|
|
and an order for the destruction of the breeder deer. |
|
|
(c) Any issue of possible disease in a deer herd held by a |
|
|
deer breeder which could require action by state officials to |
|
|
remove or destroy deer must be decided by officials of the Texas |
|
|
Animal Health Commission and communicated in writing to the Texas |
|
|
Parks and Wildlife officials and the deer breeder permittee for |
|
|
action. |
|
|
(d) Cost of the expenses for any destruction or removal of |
|
|
deer from a deer breeder facility or other location will be paid by |
|
|
the deer breeder permittee and will be shared with the department |
|
|
and the Texas Animal Health Commission to defray their expenses. |
|
|
(e) The department must provide notice to a permittee before |
|
|
the department destroys or removes any deer from a facility |
|
|
permitted under this subchapter. |
|
|
(f) 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 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) an explanation of what access restrictions will be |
|
|
placed on a ranch or facility during the destruction or removal of |
|
|
the deer. |
|
|
(4) an explanation of the reasons for the destruction |
|
|
or removal. |
|
|
(g) A game warden or other employee who inspects or enforces |
|
|
the provisions of this section shall be given special training by |
|
|
the commission dealing with proper procedures and notification |
|
|
requirements. |
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|
(h) Any destruction of deer carried out under this section |
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|
must be done in the presence of and under the direction of |
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|
officials of the Texas Animal Health Commission. |
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SECTION 3. The changes in law made by this Act apply to all |
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inspections, investigations or actions that take place on or after |
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the effective date of this Act. An inspection, investigation or |
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action taken before the effective date of this Act is governed by |
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the law as it existed immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |