Bill Text: TX HB3782 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the management, breeding, and destruction of deer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-10 - Comm. report sent to Local & Consent Calendar [HB3782 Detail]
Download: Texas-2011-HB3782-Comm_Sub.html
By: Guillen | H.B. No. 3782 | ||
Substitute the following for H.B. No. 3782: | |||
By: Guillen | C.S.H.B. No. 3782 |
|
||
|
||
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 [ |
||
issue a permit [ |
||
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. |