1. (a) Upon the filing of a properly executed application and payment of the fee specified by §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits), the department may issue or renew an AMP to an individual if:

   1. (1) the applicant has not failed to disclose any material information required, or has not made any false statement regarding any material fact in connection with the application;
   2. (2) the applicant will use the AMP only for the purpose of protecting or aiding in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops; and
   3. (3) the AMP requested, in the judgment of the department, will aid in the management of wildlife and exotic animals and will not have a deleterious effect on indigenous species.

2. (b) The permit shall include the following information:

   1. (1) the name and address of the individual applicant;
   2. (2) the authorized pilot's name, address, date of birth, and FAA Certificate number;
   3. (3) the authorized aircraft; and
   4. (4) the issue and expiration date of the permit.
3. (c) The department may amend an AMP following the completion and submission of a form provided by the department. An application for amendment is subject to the same issuance criteria as the original application for an AMP.

4. (d) The department may refuse to issue to or renew an AWMP for any person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication, or assessed an administrative penalty for a violation of:

   1. (1) Parks and Wildlife Code, Chapter 43, Subchapter C, E, G, L, R, or R-1;

   2. (2) a provision of the Parks and Wildlife Code that is not described by paragraph (1) of this subsection that is punishable as a Parks and Wildlife Code:

      1. (A) Class A or B misdemeanor;
      2. (B) state jail felony; or
      3. (C) felony;
   3. (3) Parks and Wildlife Code, §63.002;
   4. (4) the Lacey Act (16 U.S.C. §§3371-3378); or
   5. (5) 16 U.S.C. §742j-1 (commonly referred as the Airborne Hunting Act, or AHA).
5. (e) The department may refuse to issue an AMP to or renew an AMP for 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 obtaining an AMP or engaging in AMP activities.

6. (f) An applicant for an AMP or AMP renewal may request a review of a decision of the department to refuse issuance of an AMP or AMP renewal (as applicable).

   1. (1) An applicant seeking review of a decision of the department with respect to the issuance or renewal of an AMP must request the review within 10 working days of being notified by the department that the application has been denied.
   2. (2) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.
   3. (3) The department shall conduct the review within 30 days of receipt of the request required by paragraph (2) of this subsection, unless another date is established in writing by mutual agreement between the department and the requestor.
   4. (4) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in the management of wildlife from aircraft, appointed or approved by the executive director, or designee.
   5. (5) The decision of the review panel is final.
7. (g) No person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication for, or assessed an administrative penalty for an offense listed in this section may act or contract to act as a gunner for an AMP holder.
8. (h) An AMP is not transferable or assignable.

Source Note:The provisions of this §65.154 adopted to be effective April 4, 2005, 30 TexReg 1952; amended to be effective January 4, 2017, 41 TexReg 4037; amended to be effective July 29, 2021, 46 TexReg 4460.