1. (a) Permits authorized under this subchapter:

   1. (1) will be issued, with the exception of permits to trap, transport, and process surplus white-tailed deer, only if the activities identified in the application are determined by the department to be in accordance with the department's stocking policy;
   2. (2) will be issued only if the application and any associated materials are approved by a Wildlife Division technician or biologist assigned to write wildlife management plans;
   3. (3) do not exempt an applicant from the requirements of §§55.142 - 55.152 of this title (relating to Aerial Management of Wildlife and Exotic Animals).

2. (b) The department may refuse permit issuance or renewal to any person who has been:

   1. (1) convicted of, pleaded nolo contendere to, or received deferred adjudication for:

      1. (A) a violation of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R;
      2. (B) a violation of Parks and Wildlife Code that is a Class A misdemeanor, a Class B misdemeanor, or felony; or
      3. (C) a violation of Parks and Wildlife Code, §63.002; or
   2. (2) convicted, pleaded nolo contendere, received deferred adjudication or pretrial diversion, or assessed a civil penalty for a violation of 16 U.S.C. §§3371-3378 (the Lacey Act).

3. (c) The department may prohibit any person from acting as an agent of any permittee if:

   1. (1) the person has been convicted of, pleaded nolo contendere to, or received deferred adjudication for an offense listed in subsection (b)(1) of this section; or
   2. (2) the person has been convicted, pleaded nolo contendere, received deferred adjudication or pre-trial diversion, or assessed a civil penalty for an offense listed in subsection (b)(2) of this section.

4. (d) The department may withhold the processing of a permit or renewal application if the applicant or an agent of the applicant is a defendant in a criminal prosecution or proceeding to assess a civil penalty for:

   1. (1) a violation of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R;
   2. (2) a violation of Parks and Wildlife Code, §63.002; or
   3. (3) a violation of 16 U.S.C. §§3371-3378 (the Lacey Act).
5. (e) The department may refuse to issue a permit to any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited by the provisions of this subchapter from engaging in permitted activities.

Source Note:The provisions of this §65.109 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective August 15, 2001, 26 TexReg 6024; amended to be effective October 21, 2003, 28 TexReg 9079; amended to be effective May 23, 2006, 31 TexReg 4223; amended to be effective August 23, 2010, 35 TexReg 7438.