1. (a) An applicant for an initial scientific breeder's permit shall submit the following to the department:

   1. (1) a completed notarized application on a form supplied by the department;

   2. (2) a breeding plan which identifies:

      1. (A) the activities proposed to be conducted; and
      2. (B) the purpose(s) for proposed activities;

   3. (3) a letter of endorsement by a certified wildlife biologist which states that:

      1. (A) the certified wildlife biologist has reviewed the breeding plan;
      2. (B) the activities identified in the breeding plan are adequate to accomplish the purposes for which the permit is sought;

      3. (C) the biologist has conducted an inspection of the facility identified in the application and affirms that:

         1. (i) the facility identified in the application:

            1. (I) physically exists; and
            2. (II) is adequate to conduct the proposed activities; and
         2. (ii) no deer are present within the facility;
   4. (4) a diagram of the physical layout of the facility;
   5. (5) the application processing fee specified in Chapter 53, Subchapter A, of this title (relating to Fees); and
   6. (6) any additional information that the department determines is necessary to process the application.

2. (b) A scientific breeder's permit may be issued when:

   1. (1) the application and associated materials have been approved by the department; and
   2. (2) the department has received the fee as specified in Chapter 53, Subchapter A, of this title (relating to Fees).
3. (c) A scientific breeder's permit shall be valid from the date of issuance until the immediately following July 1.

4. (d) Except as provided in subsection (g) of this section, a scientific breeder's permit may be renewed annually, provided that the applicant:

   1. (1) is in compliance with the provisions of this subchapter;
   2. (2) has submitted a notarized application for renewal;
   3. (3) has filed the annual report in a timely fashion, as required by §65.608 of this title (relating to Annual Reports and Records); and
   4. (4) has paid the permit renewal fee as specified in Chapter 53, Subchapter A, of this title (relating to Fees).
5. (e) An authorized agent may be added to or deleted from a permit at any time by faxing or mailing an agent amendment form to the department. No person added to a permit under this subsection shall participate in any activity governed by a permit until the department has received the agent amendment form.
6. (f) If a scientific breeder facility is enlarged or added to, the permittee shall submit an accurate diagram of the facility, including the additions or enlargements, to the department. No person shall introduce or cause the introduction of deer to a pen that has been added or enlarged unless the diagram required by this subsection is on file at the department's Austin headquarters.

7. (g) The department may refuse permit issuance or renewal to any person who within five years of applying for a scientific breeder's permit has been finally convicted of or received deferred adjudication 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 that is a Class B misdemeanor, a Class A misdemeanor, or felony; or
   3. (3) a violation of Parks and Wildlife Code, §63.002.
8. (h) The department may prohibit any person for a period of up to five years from acting as an agent of any permittee if the person has been convicted of or received deferred adjudication for an offense listed in subsection (g) of this section.
9. (i) 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.

10. (j) An applicant for a permit under this subchapter may request a review of a decision of the department to refuse issuance of a permit or permit renewal.

    1. (1) An applicant seeking review of a decision of the department with respect to permit issuance under this subchapter shall first contact the department within 10 working days of being notified by the department of permit denial.
    2. (2) The department shall conduct the review and notify the applicant of the results within 10 working days of receiving a request for review.

    3. (3) The request for review shall be presented to a review panel. The review panel shall consist of the following:

       1. (A) the Deputy Executive Director for Operations (or his or her designee);
       2. (B) the Director of the Wildlife Division; and
       3. (C) the Big Game Program Director.
    4. (4) The decision of the review panel is final.
    5. (5) The department shall report on an annual basis to the White-tailed Deer Advisory Committee the number and disposition of all reviews under this subsection.

Source Note:The provisions of this §65.603 adopted to be effective December 1, 1995, 20 TexReg 9571; amended to be effective March 10, 1998, 23 TexReg 2329; amended to be effective August 15, 2001, 26 TexReg 6028; amended to be effective May 7, 2003, 28 TexReg 3731; amended to be effective January 3, 2005, 29 TexReg 12234; amended to be effective May 23, 2006, 31 TexReg 4227.