| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the management, breeding, and destruction of deer. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 43.352(b), Parks and Wildlife Code, is |
|
|
amended to read as follows: |
|
|
(b) At the option of the person applying for the issuance or |
|
|
renewal of a permit under this section, the [The] department may |
|
|
issue a permit [under this section] that is valid for [longer than] |
|
|
one year, three years, or five years. A three-year or five-year |
|
|
permit is available only to a person who agrees to submit the annual |
|
|
reports required under this subchapter electronically. The |
|
|
commission may adopt rules allowing the department to terminate a |
|
|
permit before the date originally specified for the permit issuance |
|
|
or renewal if the permit holder fails to submit the annual reports |
|
|
electronically as required for a three-year or five-year permit. |
|
|
SECTION 2. Section 43.351, Parks and Wildlife Code, is |
|
|
amended by adding Subdivision (8) to read as follows: |
|
|
(8) "Animal health commission" means the Texas Animal |
|
|
Health Commission. |
|
|
SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife |
|
|
Code, is amended by adding Section 43.3591 to read as follows: |
|
|
Sec. 43.3591. GENETIC TESTING. (a) In this section: |
|
|
(1) "DNA" means deoxyribonucleic acid. |
|
|
(2) "Genetic test" means a laboratory analysis of a |
|
|
deer's genes, gene products, or chromosomes that: |
|
|
(A) analyzes the deer's DNA, RNA, proteins, or |
|
|
chromosomes; and |
|
|
(B) is performed to determine genetically the |
|
|
deer's ancestral lineage or descendants. |
|
|
(3) "RNA" means ribonucleic acid. |
|
|
(b) After an inspection, the department shall notify a deer |
|
|
breeder in writing when the department has reason to believe the |
|
|
deer breeder possesses deer that may pose a disease risk to other |
|
|
deer. The notice must include an explanation of the rationale used |
|
|
to establish the disease risk. |
|
|
(c) If genetic testing is timely conducted, the department |
|
|
must postpone any actions that may be affected by the test results |
|
|
until the test results are available. |
|
|
(d) The results of genetic testing may not 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 this subchapter. |
|
|
SECTION 4. Subchapter L, Chapter 43, Parks and Wildlife |
|
|
Code, is amended by adding Sections 43.3661, 43.370, 43.371, and |
|
|
43.372 to read as follows: |
|
|
Sec. 43.3661. RULES. The commission may adopt rules as |
|
|
needed to implement this subchapter. |
|
|
Sec. 43.370. DESTRUCTION OF DEER. (a) To control or |
|
|
prevent the spread of disease, deer held at a deer breeding facility |
|
|
may be destroyed only if: |
|
|
(1) an agent of the animal health commission has |
|
|
conducted an epidemiological assessment; |
|
|
(2) based on the assessment under Subdivision (1), 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; and |
|
|
(3) the executive director of the animal health |
|
|
commission orders the destruction of the deer. |
|
|
(b) The animal health commission shall provide written |
|
|
notification of an order to destroy deer to: |
|
|
(1) the department; and |
|
|
(2) the applicable deer breeder as provided by Section |
|
|
43.371. |
|
|
(c) The department shall carry out an order to destroy deer |
|
|
after notice has been provided to the applicable deer breeder. The |
|
|
destruction must be conducted in the presence of and under the |
|
|
direction of animal health commission officials. |
|
|
Sec. 43.371. NOTICE OF DEER DESTRUCTION. (a) The animal |
|
|
health commission must provide notice to a deer breeder before the |
|
|
department may destroy any of the deer held at the deer breeder's |
|
|
facility. |
|
|
(b) A notice provided under this section must be sent by |
|
|
certified mail to the last known address of the deer breeder and |
|
|
must contain: |
|
|
(1) the date of destruction, which may not be sooner |
|
|
than the 10th day after the date of the notice; |
|
|
(2) an explanation of any access restrictions imposed |
|
|
on the deer breeder's facility during the destruction of the deer; |
|
|
and |
|
|
(3) an explanation of the reasons for the destruction. |
|
|
Sec. 43.372. COST RECOVERY. The deer breeder shall pay to |
|
|
the department all costs associated with the epidemiological |
|
|
assessment and destruction of deer under this subchapter. The |
|
|
department and the animal health commission shall divide the |
|
|
payment to cover the costs incurred by each agency in carrying out |
|
|
their respective duties under this subchapter. |
|
|
SECTION 5. Subchapter R, Chapter 43, Parks and Wildlife |
|
|
Code, is amended by adding Sections 43.6011, 43.608, 43.609, and |
|
|
43.610 to read as follows: |
|
|
Sec. 43.6011. DEFINITION. In this subchapter, "animal |
|
|
health commission" means the Texas Animal Health Commission. |
|
|
Sec. 43.608. DESTRUCTION OF DEER. (a) To control or |
|
|
prevent the spread of disease, deer on acreage covered by a permit |
|
|
issued under this subchapter may be destroyed only if: |
|
|
(1) an agent of the animal health commission has |
|
|
conducted an epidemiological assessment; |
|
|
(2) based on the assessment under Subdivision (1), 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; and |
|
|
(3) the executive director of the animal health |
|
|
commission orders the destruction of the deer. |
|
|
(b) The animal health commission shall provide written |
|
|
notification of an order to destroy deer to: |
|
|
(1) the department; and |
|
|
(2) the applicable permit holder as provided by |
|
|
Section 43.609. |
|
|
(c) The department shall carry out an order to destroy deer |
|
|
after notice has been provided to the applicable permit holder. The |
|
|
destruction must be conducted in the presence of and under the |
|
|
direction of animal health commission officials. |
|
|
Sec. 43.609. NOTICE OF DEER DESTRUCTION. (a) The animal |
|
|
health commission must provide notice to a permit holder before the |
|
|
department may destroy any of the deer 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) the date of destruction, which may not be sooner |
|
|
than the 10th day after the date of the notice; |
|
|
(2) an explanation of any access restrictions imposed |
|
|
on the acreage covered by the permit during the destruction of the |
|
|
deer; and |
|
|
(3) an explanation of the reasons for the destruction. |
|
|
Sec. 43.610. COST RECOVERY. The permit holder shall pay to |
|
|
the department all costs associated with the epidemiological |
|
|
assessment and destruction of deer under this subchapter. The |
|
|
department and the animal health commission shall divide the |
|
|
payment to cover the costs incurred by each agency in carrying out |
|
|
their respective duties under this subchapter. |
|
|
SECTION 6. Section 43.3591(d), Parks and Wildlife Code, as |
|
|
added by this Act, applies only to an offense committed on or after |
|
|
the effective date of this Act. An offense committed before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the offense was committed, and the former law is continued in |
|
|
effect for that purpose. For purposes of this section, an offense |
|
|
was committed before the effective date of this Act if any element |
|
|
of the offense occurred before that date. |
|
|
SECTION 7. This Act takes effect September 1, 2011. |