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A BILL TO BE ENTITLED
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AN ACT
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relating to the assessment, destruction, disposal, and release of |
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certain deer. |
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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 43.3635 to read as follows: |
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Sec. 43.3635. RELEASE OF BREEDER DEER AFTER NEGATIVE TEST |
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RESULT. Notwithstanding any other provision of this chapter, a |
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breeder deer for which a negative test result is obtained during an |
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epidemiological assessment conducted under Section 43.953(a) may |
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be released onto a release site in accordance with Section 43.361 at |
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any time on or before the 14th day after the date of the negative |
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test result. |
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SECTION 2. Section 43.953(a), Parks and Wildlife Code, is |
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amended to read as follows: |
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(a) Before any deer may be destroyed under this subchapter: |
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(1) an agent of the animal health commission shall |
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[may] conduct an epidemiological assessment of the deer considered |
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for destruction and must obtain a positive test result from the deer |
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using the least intrusive test feasible[: |
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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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SECTION 3. 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 4. 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 5. As soon as practicable after the effective date |
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of this Act, the Parks and Wildlife Commission shall adopt or amend |
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rules as necessary to comply with the changes in law made by this |
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Act. |
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SECTION 6. The change in law made by this Act to Section |
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43.955, Parks and Wildlife Code, applies only to the payment of |
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costs arising from an epidemiological assessment conducted, or the |
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destruction of deer commenced, on or after the effective date of |
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this Act. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |