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A BILL TO BE ENTITLED
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AN ACT
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relating to deer breeder operations; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Parks and Wildlife Code, is amended |
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by adding Section 12.5012 to read as follows: |
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Sec. 12.5012. REVOCATION, SUSPENSION, OR REFUSAL OF PERMIT |
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RELATED TO THE CONTROL. BREEDING OR MANAGEMENT OF DEER. (a) In this |
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subchapter "Permittee" has the meaning assigned by Section |
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12.501(a). |
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(b) The director may suspend or revoke any permit related to |
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the control, breeding, or management of deer in this state, or may |
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refuse an application to renew a permit related to the control, |
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breeding, or management of deer in this state, after a |
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determination that a violation of trapping wild deer in Texas or of |
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illegally importing whitetail or other deer from another state is |
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made, or that the applicant or permittee has been convicted of an |
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egregious violation involving other wildlife laws. |
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Sec. 12.5013. APPEAL FROM REVOCATION, SUSPENSION, OR |
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REFUSAL OF PERMIT. (a) Venue for an appeal from an order of the |
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department refusing to renew a permit or revoking or suspending a |
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permit to which this subchapter applies is a district court in: |
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(1) the county where the permitted facility, if |
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applicable, is located; or |
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(2) the county where the permittee resides. |
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(b) The appeal shall be by trial de novo. |
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SECTION 2. Chapter 43, Parks and Wildlife Code, is amended |
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to read as follows: |
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Sec. 43.352. PERMIT AUTHORIZED; DURATION OF PERMIT. (a) The |
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Commission shall establish a training program and require that |
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applicants for any permit related to the control, breeding, or |
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management of deer in this state pass a test to qualify for such a |
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permit. |
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(a) (b) The department shall issue a permit to a qualified
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person to possess live breeder deer in captivity. |
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(b) (c) The department may issue a permit under this section
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that is valid for longer than one year. |
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SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife |
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Code, is amended to read as follows: |
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Sec. 43.3561. IDENTIFICATION OF BREEDER DEER. (d) If a deer |
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breeder uses a durable identification tag that is a microchip |
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implanted under the deer's skin the department must determine a |
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deadline after birth of the breeder deer as early as the department |
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determines is feasible to assure the proper identification of the |
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breeder deer. |
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(e) The commission shall adopt rules requiring game wardens |
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and other personnel involved in checking breeder deer to use the |
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least disruptive method of performing the inspection required to |
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enforce department regulations and perform the inspection in |
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coordination with the permittee if the permittee is available at |
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the time of the inspection. |
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(f) The commission shall adopt rules allowing deer breeder |
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permittees whose records are challenged or found to be insufficient |
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during an inspection to exercise the option of providing DNA test |
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results at the permittee's expense to identify genetic |
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relationships of breeder deer after the department gives written |
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notice to the deer breeder permittee listing the probable cause for |
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the tests and which deer are included in that probable cause |
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designation. |
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(g) Results from a DNA test are not a defense against any |
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fines levied by the department for failure to keep proper records of |
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all deer in a deer breeder facility. |
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SECTION 5. 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 a |
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livestock or wildlife health threat from the deer being documented |
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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 officials |
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of the Texas Animal Health Commission. |
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SECTION 6. 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 |
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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 |
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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 a |
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livestock or wildlife health threat from the deer being documented |
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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 to the last known address of the permit holder and |
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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 commission 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 officials |
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of the Texas Animal Health Commission. |
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SECTION 7. 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. |