31 Tex. Admin. Code § 65.603 – Application and Permit Issuance

(a) An applicant for an initial deer breeder's permit shall submit the following to the department:
1. (1) a completed application on a form supplied by the department;
2. (2) a letter of endorsement by a certified wildlife biologist which states that the biologist has conducted an inspection of the facility identified in the application and affirms that:
  1. (A) the facility identified in the application:
    1. (i) physically exists; and
    2. (ii) is adequate for the lawful conduct of activities governed by this subchapter; and
  2. (B) no deer are present within the facility;
3. (3) a diagram of the physical layout of the facility;
4. (4) the application processing fee specified in Chapter 53, Subchapter A, of this title (relating to Fees); and
5. (5) any additional information that the department determines is necessary to process the application.
(b) A deer 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).
(c) A deer breeder's permit shall be valid from the date of issuance until the immediately following July 1.
(d) Except as provided in subsection (g) of this section, a deer 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 timely application for renewal or is, as determined by the department, making satisfactory progress towards resolution of deficiencies that prevent timely 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).
(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.
(f) Except as provided by this subchapter for release, transfer, or transport of breeder deer, a deer breeder's permit authorizes the holding of breeder deer only within the physical layout of a facility described by the diagram required by subsection (a)(3) of this section. If a permittee wishes to alter the exterior dimensions of a facility, either by enlargement or reconfiguration, the permittee shall submit an accurate diagram of the altered facility, indicating all changes to the existing facility, to the department. It is unlawful to introduce, cause the introduction of, or hold breeder deer anywhere other than within the dimensions of the facility as indicated by the diagram on file with the department.
(g) 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 B misdemeanor, a Class A 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 pre-trial diversion, or assessed a civil penalty for a violation of 16 U.S.C. §§3371-3378 (the Lacey Act).
(h) The department may prohibit any person from acting as an agent of 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 (g)(1) of this section; or
2. (2) has been convicted, pleaded nolo contendere, received deferred adjudication or pre-trial diversion, or assessed a civil penalty for an offense listed in subsection (g)(2) of this section;
(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.
(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; amended to be effective March 23, 2008, 33 TexReg 2548; amended to be effective August 23, 2010, 35 TexReg 7438.