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A BILL TO BE ENTITLED
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AN ACT
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relating to costs associated with and procedures for the assessment |
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and destruction of certain deer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.953, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.953. ASSESSMENT AND DESTRUCTION OF DEER. (a) |
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Before any deer may be destroyed under this subchapter: |
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(1) an agent of the animal health commission shall, in |
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a timely manner, [may] conduct an epidemiological assessment that |
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includes live animal testing of each deer considered for |
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destruction[: |
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[(A) if the assessment can be conducted in a |
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timely manner; and |
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[(B) contingent on the availability of funding]; |
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and |
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(2) the department must consider the results of the |
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[an] assessment[, if] conducted[,] under Subdivision (1). |
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(b) To control or prevent the spread of disease, deer to |
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which this subchapter applies may be destroyed only if the |
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department determines, after considering the results of an |
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assessment conducted under Subsection (a), that the deer pose a |
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threat to the health of other deer or other species, including |
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humans. |
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(c) The department may [shall] carry out an order to destroy |
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deer only after: |
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(1) making the determination required by Subsection |
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(b); and |
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(2) providing notice [has been provided] to the permit |
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holder under Section 43.954. |
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(d) A permit holder may waive any requirement of this |
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section. |
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SECTION 2. Section 43.954(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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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 facility or acreage covered by the permit during the |
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destruction of the deer; and |
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(3) an explanation of the reasons for the destruction, |
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including the results of the [any] epidemiological assessment |
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conducted under Section 43.953(a) applicable to the deer that are |
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the subject of the notice. |
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SECTION 3. Section 43.955, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.955. COST OF ASSESSMENT AND DESTRUCTION OF DEER |
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[RECOVERY]. The department [applicable permit holder] shall pay |
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all costs associated with: |
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(1) the [an] epidemiological assessment conducted |
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under Section 43.953(a) [this subchapter] to the animal health |
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commission; and |
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(2) the destruction of deer under this subchapter, |
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including any costs associated with the disposal of the deer [to the |
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department]. |
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SECTION 4. (a) Sections 43.953 and 43.954(b), Parks and |
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Wildlife Code, as amended by this Act, apply only to the destruction |
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of deer on or after the effective date of this Act. |
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(b) Section 43.955, Parks and Wildlife Code, as amended by |
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this Act, applies only to the payment of costs arising from an |
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epidemiological assessment conducted, or the destruction of deer |
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commencing, on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |