1. (a) Applicants for a DMP shall complete and submit an application on a form supplied by the department. Applications for a DMP shall be accompanied by a deer management plan containing the information stipulated by the application form and the nonrefundable fee as specified in Chapter 53, Subchapter A, of this title (relating to Fees). Incomplete applications will not be processed until complete. A DMP will not be issued unless the applicant's deer management plan has been approved by a Wildlife Division technician or biologist assigned to write wildlife management plans.
2. (b) A permit under this subchapter is valid from the date of issuance through the last release date authorized under the permit or the date that release occurs, whichever comes first.
3. (c) A person who receives deferred adjudication for, pleads nolo contendere to, or is convicted of a violation involving §65.136 of this title (relating to Release) is prohibited from obtaining a DMP for a period of three years from the date the conviction is obtained or deferred adjudication was received.

4. (d) The department may refuse to issue a permit or permit 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).

5. (e) The department may prohibit a person from acting as an agent for any permittee if the person:

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

6. (f) The department may withhold the processing of a permit or renewal application if the applicant or an agent of an applicant is a defendant in a 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).
7. (g) 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 §65.132 adopted to be effective August 20, 1998, 23 TexReg 8458; amended to be effective October 18, 2001, 26 TexReg 8187; amended to be effective January 3, 2005, 29 TexReg 12232; amended to be effective May 23, 2006, 31 TexReg 4225; amended to be effective August 23, 2010, 35 TexReg 7438; amended to be effective June 29, 2014, 39 TexReg 4772.