By: Guillen H.B. No. 2469

A BILL TO BE ENTITLED

AN ACT

relating to deer breeding in this state and to procedures regarding 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. REFUSAL TO ISSUE OR RENEW CERTAIN PERMITS RELATING TO

THE CONTROL, BREEDING, OR MANAGEMENT OF DEER; APPEAL OF CERTAIN

DECISIONS

Sec. 12.601. APPLICABILITY OF SUBCHAPTER. This subchapter applies only 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 white-tailed deer management permit under Subchapter R, Chapter 43; and

(5) a mule deer management permit under Subchapter R-1, Chapter 43.

Sec. 12.602. DEFINITIONS. In this subchapter:

(1) "Applicant" means a person who has applied for a new or renewal permit.

(2) "Final conviction" means a final judgment of guilt, the granting of deferred adjudication or pretrial diversion, or the entering of a plea of guilty or nolo contendere.

(3) "Permittee" means a person to whom a permit has been issued, including each member of a partnership or association, an agent acting on behalf of a partnership or association, each officer of a corporation, and the owner of a majority of a corporation's corporate stock.

Sec. 12.603. GENERAL CIRCUMSTANCES FOR REFUSAL TO ISSUE OR RENEW PERMIT. The department may refuse to issue or renew a permit if the applicant fails to submit in a timely manner the following:

(1) a completed application on a form supplied by the department and all application materials required by the department;

(2) the required permit fee;

(3) accurate reports as applicable; and

(4) any additional information that the department determines is necessary to process the application.

Sec. 12.604. REFUSAL TO ISSUE OR RENEW PERMIT BASED ON CERTAIN PENALTIES OR CONVICTIONS. (a) This section applies only to a determination of whether to issue a permit to or renew a permit for an applicant who has a final conviction or has been assessed an administrative penalty for a violation of:

(1) Subchapter C, E, L, R, or R-1, Chapter 43;

(2) a provision of this code not described by Subdivision (1) that is punishable as a Class A or B Parks and Wildlife Code misdemeanor, a Parks and Wildlife Code state jail felony, or a Parks and Wildlife Code felony;

(3) Section 63.002; or

(4) the Lacey Act (16 U.S.C. Sections 3371-3378).

(b) In determining whether to issue a permit to or renew a permit for an applicant who has a final conviction or has been assessed an administrative penalty, the department shall consider:

(1) the number of convictions or administrative penalties and the seriousness of each conviction;

(2) the existence, number, and seriousness of offenses or violations other than offenses or violations that resulted in a final conviction or administrative penalty described by Subsection (a);

(3) the length of time between the most recent final conviction or administrative penalty and the permit application;

(4) whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct;

(5) the applicant's efforts toward rehabilitation;

(6) the accuracy of the permit history information provided by the applicant; and

(7) other mitigating factors.

Sec. 12.605. PROCEDURE FOR REFUSAL TO ISSUE OR RENEW PERMIT. (a) Not later than the 10th day after the date a decision to refuse to issue or renew a permit has been made, the department shall provide to the applicant a written statement of the reasons for the decision.

(b) The commission by rule shall adopt procedures consistent with this subchapter for the department's review of a refusal to issue or renew a permit.

Sec. 12.606. REVIEW OF REFUSAL TO ISSUE OR RENEW PERMIT. In conducting a review of a decision by the department to refuse to issue or renew a permit, the department shall consider:

(1) whether the conduct on which the refusal is based was negligent or intentional;

(2) for a refusal based on conduct that is a violation of a provision listed in Section 12.604(a), whether the applicant has a final conviction or has been assessed an administrative penalty based on the conduct;

(3) the seriousness of an offense or violation described by Subdivision (2) for which the applicant was finally convicted or assessed an administrative penalty;

(4) whether the conduct on which the refusal was based was committed or omitted by the applicant, an agent of the applicant, or both;

(5) for a renewal, whether the applicant agreed to any special conditions recommended by the department in lieu of a decision to refuse to issue or renew the expiring permit;

(6) whether there is a substantial likelihood that the applicant would repeat the conduct on which the refusal is based;

(7) whether the conduct on which the refusal is based involved a threat to public safety; and

(8) other mitigating factors.

Sec. 12.607. APPEAL OF DEPARTMENT DECISION TO REVOKE, SUSPEND, OR REFUSE PERMIT. (a) Except as provided by this section, the revocation or suspension of a permit is governed by Subchapter F.

(b) Venue to appeal a decision of the department refusing to issue or renew a permit or revoking or suspending a permit is a district court in:

(1) the county where the permitted facility, if applicable, is located;

(2) the county where the permittee resides; or

(3) Travis County.

(c) The appeal shall be by trial de novo.

SECTION 5. Section 43.351, Parks and Wildlife Code, is amended by amending Subdivision (5) and adding Subdivision (8) to read as follows:

(5) "Durable identification tag" means a single tag described by Section 43.3561 that is used to identify a breeder deer [not easily dislodged or removed and made of a material that is not likely to disintegrate or decompose]. The term includes[, but is not limited to,] newly developed technologies approved for use by the department, including radio frequency identification tags.

(8) "Animal health commission" means the Texas Animal Health Commission.

SECTION 6. 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 7. Section 43.3561, Parks and Wildlife Code, is amended to read as follows:

Sec. 43.3561. IDENTIFICATION OF BREEDER DEER. (a) Not later than March 31 of the year following the year in which the breeder deer is born, a breeder deer held in a permitted deer breeding facility must be identified by placing on each breeder deer possessed by the deer breeder a single, external, reasonably visible, durable identification tag bearing an identification [alphanumeric] number [of not more than four characters assigned by the department to the breeding facility in which the breeder deer was born and] unique to that breeder deer.

(b) The durable identification tag must be designed so that it is not easily dislodged or removed and made of a material that is not likely to disintegrate or decompose.

(c) A deer breeder is not required to remove the durable identification tag for any purpose but may remove the tag and replace the tag immediately to meet the requirements of this section.

(d) [(b)] A person may not remove or knowingly permit the removal of a breeder deer held in a facility by a permittee under this subchapter unless:

(1) the breeder deer has been permanently and legibly tattooed in one ear with the unique identification number assigned to the breeder in lawful possession of the breeder deer and specific to the breeding facility in which the breeder deer was born or initially introduced if from an out-of-state source; or

(2) the deer breeder has implanted in the deer an implantable microchip as permitted by Section 43.3562(e).

(e) [(c)] A person may not knowingly accept or permit the acceptance of a breeder deer into a facility regulated under this subchapter unless:

(1) the breeder deer has been permanently and legibly tattooed in one ear with the unique identification number assigned to the breeder in lawful possession of the breeder deer and specific to the facility in which the breeder deer was born or initially introduced if from an out-of-state source; or

(2) the deer breeder has implanted in the deer an implantable microchip as permitted by Section 43.3562(e).

SECTION 8. Subchapter L, Chapter 43, Parks and Wildlife Code, is amended by adding Sections 43.3562, 43.3581, 43.3591, and 43.3661 to read as follows:

Sec. 43.3562. ALTERNATIVE UNIQUE NUMBERING SYSTEMS. (a) The commission by rule shall adopt electronically readable identification systems such as the National Animal Identification System maintained by the United States Department of Agriculture and implantable microchip numbering systems that may be used by a deer breeder to identify breeder deer.

(b) The department shall review and approve radio frequency identification tags and microchip implants that use the numbering systems adopted under Subsection (a). The department shall publish on the department's website a list of the approved identification tags and implants.

(c) On request by a deer breeder and to the extent possible, the department shall assign a four-digit alphanumeric identification number to uniquely identify a breeder deer for use on the deer's external durable identification tag or tattoo. If the four-digit identification system becomes impracticable, the commission by rule shall coordinate the use of electronically readable identification numbers described by Subsections (d) and (e) with the four-digit system to the extent required by this subchapter.

(d) A deer breeder may use an external radio frequency identification tag approved by the department with a numbering system adopted under Subsection (a) as an external durable identification tag for identifying a breeder deer. The deer breeder must register the unique number encoded in the tag with the department.

(e) A deer breeder may use an implantable microchip approved by the department with a numbering system adopted under Subsection (a) as a substitute for an ear tattoo. The deer breeder must register the unique number encoded in the implantable microchip with the department.

(f) The department's database for breeder deer must allow a single breeder deer to be uniquely identified by any of the following identifying numbers or combinations of numbers and alphabetic characters:

(1) a unique alphanumeric identifier assigned by the department to that deer;

(2) a unique identification number for that deer registered under Subsection (d); or

(3) a unique identification number for that deer registered under Subsection (e).

(g) A deer breeder that uses an electronically readable identification system shall provide an authorized employee of the department with a working device capable of reading the electronic numbers as needed for inspection purposes under this subchapter. The employee shall accept an electronically readable number that is registered with the department as valid.

(h) The commission may adopt rules and procedures to implement the use of alternative numbering systems under this section.

Sec. 43.3581. DURABLE IDENTIFICATION TAG EXCEPTION. The durable identification tag on a breeder deer may be removed before transporting the deer to a release site provided that the person transporting the deer has possession of the tag for each deer being transported and provides the tag to an authorized department employee on request for inspection purposes.

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.

Sec. 43.3661. RULES. The commission may adopt rules as needed to implement this subchapter.

SECTION 9. Section 43.363, Parks and Wildlife Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) Except as provided by Subsection (a-1), a person may [During an open hunting season for deer or during the 10-day period immediately preceding an open hunting season, no person in this state may] sell, transfer, ship, or transport a breeder deer for release during the following periods only [unless the person]:

(1) March 1 through September 1, 2014

(2) March 1 through August 15, 2015; and

(3) March 1 through August 1 for any year after 2015.

(a-1) A person may sell, transfer, ship, or transport a breeder deer for release on dates other than those allowed under Subsection (a) if the person:

(1) has removed the antlers of the breeder deer between the G-3 tine, as defined by the Boone and Crockett Club, and the pedicel on each antler main beam; and

(2) has followed any procedure prescribed by rule of the commission for the lawful conduct of activities under this subchapter.

SECTION 10. Section 43.367(a), Parks and Wildlife Code, is amended to read as follows:

(a) Except as provided by Section 43.3581 or Subsection (b), a person who violates a provision of this subchapter or a regulation of the commission issued under this subchapter or who fails to file a full and complete report as required by Section 43.359 commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

SECTION 11. Subchapter L, Chapter 43, Parks and Wildlife Code, is amended by adding Sections 43.370, 43.371, and 43.372 to read as follows:

Sec. 43.370. DESTRUCTION OF DEER. 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 12. 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 13. Subchapter R-1, Chapter 43, Parks and Wildlife Code, is amended by adding Sections 43.6211, 43.628, 43.629, and 43.630 to read as follows:

Sec. 43.6211. DEFINITION. In this subchapter, "animal health commission" means the Texas Animal Health Commission.

Sec. 43.628. 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 43.629.

(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. 43.629. 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. 43.630. 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 14. (a) Except as provided by Subsection (b) of this section, Subchapter G, Chapter 12, Parks and Wildlife Code, as added by this Act, applies only to a permit 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.

(b) Section 12.607, Parks and Wildlife Code, as added by this Act, applies only to an appeal of a decision of the Parks and Wildlife Department refusing to issue or renew a permit or revoking or suspending a permit that is filed on or after the effective date of this Act. An appeal filed before the effective date of this Act is governed by the law in effect on the date the appeal was filed, and that law is continued in effect for that purpose.

SECTION 15. (a) Not later than March 1, 2014, the Parks and Wildlife Commission shall adopt alternative identification numbering systems required by Section 43.3562(a), Parks and Wildlife Code, as added by this Act.

(b) Not later than March 1, 2014, the Parks and Wildlife Department shall approve and publish a list of radio frequency identification tags and microchip implants as required by Section 43.3562(b), Parks and Wildlife Code, as added by this Act.

SECTION 16. 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 17. Section 43.367(a), Parks and Wildlife Code, as amended 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 18. This Act takes effect September 1, 2013.