Commission Agenda Item No. 5
Presenter: Mitch Lockwood

Legislation Requiring or Authorizing Rulemaking
Senate Bill 820 - Various Deer Permit Program Rules
August 21, 2014

I.       Executive Summary:  This item seeks adoption of proposed amendments to rules governing various deer permits in order to comply with the provisions of Senate Bill 820, enacted by the 83rd Texas Legislature (2013). The proposed amendments consolidate the department’s processes for refusing issuance or renewal of various deer permits and the review of decisions and make nonsubstantive housekeeping-type changes.

II.     Discussion:  In 2013 the 83rd Texas Legislature enacted Senate Bill 820, which amended Parks and Wildlife Code, Chapter 12, by adding new Subchapter G, governing refusal to issue or renew certain permits relating to the control, breeding, or management of deer, and appeals of such decisions. In general, the statute incorporated the substance of current department regulations concerning the refusal to issue or renew permits on the basis of administrative noncompliance or criminal activity, necessitating conforming changes to the regulations. Staff has also taken the opportunity to consolidate all provisions governing permit refusal and review of permit refusal in a single subchapter for ease of reference.

III.    RECOMMENDATION:  Staff recommends that the Texas Parks and Wildlife Commission adopt the proposed motion:

“The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §§65.107 and 65.109, concerning Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds (Triple T permit); 65.131 and 65.132, concerning Deer Management Permit (DMP); and 65.603 and 65.608, concerning Deer Breeder’s Permits; and new 65.701-65.704, concerning Authority to Refuse to Issue or Renew Permit, with changes as necessary to the proposed text (located at Exhibit A) as published in the July 11, 2014, issue of the Texas Register (39 TexReg 5299).”

Attachments – 1

  1. Exhibit A – Proposed Deer Permit Rules

Commission Agenda Item No. 5
Exhibit A

SENATE BILL 820
PROPOSAL PREAMBLE

1. Introduction.
         The Texas Parks and Wildlife Department proposes amendments to §§65.107 and 65.109, concerning Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds (Triple T permit), 65.131 and 65.132, concerning Deer Management Permit (DMP) and 65.603 and 65.608, concerning Deer Breeder’s Permits, and new 65.701-65.704, concerning Authority to Refuse to Issue or Renew Permit.

         Under various provisions of Parks and Wildlife Code, Chapter 43, the department is authorized to issue permits governing certain activities involving live deer. The various types of Triple T permits allow a permittee to trap and move live game animals and game birds (Parks and Wildlife Code, Chapter 43, Subchapter E). Similarly, a DMP allows a permittee to temporarily retain white-tailed deer in an enclosure for the purpose of propagation (Texas Parks and Wildlife Code, Chapter 43, Subchapter R).  A deer breeder permit allows a permittee to possess, purchase, and sell breeder deer (Texas Parks and Wildlife Code, Chapter 43, Subchapter L).

         Under current rules governing Triple T, DMP, and deer breeder permits, the department may refuse to issue or renew a permit to any person who has been convicted of, pleaded nolo contendere to, or received deferred adjudication for a violation of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R; a violation of Parks and Wildlife Code that is a Class A misdemeanor, a Class B misdemeanor, or felony; or a violation of Parks and Wildlife Code, §63.002. Additionally, the department may refuse to issue or renew a permit to any person who has been convicted of, pleaded nolo contendere to, received deferred adjudication or pretrial diversion for, or has been assessed a civil penalty for a violation of 16 U.S.C. §§3371-3378 (the Lacey Act). Department rules further specify that the department may prohibit any person from acting as an agent of or surrogate for any permittee if the person is described by any of the previously mentioned criteria regarding criminal behavior. Department rules also provide for the review of an agency decision to refuse permit issuance or renewal.

         The rules were adopted in 2010 because the department believed it was necessary to create a mechanism for preventing persons with an adjudicated disregard for laws intended to protect the state’s wildlife resources from enjoying (for any appropriate period of time) the privilege of a permit that authorizes the possession of live wildlife resources.  At the time the rules were promulgated, the department noted that a denial of issuance or renewal of a permit under these criteria would not be automatic, but within the discretion of the department. The department noted that factors to be considered would include, but not be limited to the seriousness of the offense, the number of offenses, the existence or absences of a pattern of offenses, the length of time between the offense and the permit application, the applicant’s efforts towards rehabilitation, and the accuracy of the information provided by the applicant regarding the applicant’s prior permit history.

         In 2013, the 83rd Texas Legislature (Regular Session) enacted Senate Bill (S.B.) 820, which amended Parks and Wildlife Code, Chapters 12 and 43, to address issues relating to the management, breeding, and destruction of deer held under Triple T, DMP, and deer breeder permits and the process of reviewing an agency decision to deny permit issuance or renewal.

         Senate Bill 820 amended Parks and Wildlife Code, Chapter 12, by adding new Subchapter G to prescribe the criteria used by the department to refuse issuance or renewal of a Triple T, DMP, or deer breeder permit. The effect of the legislation is to codify in statute the department’s current rules regarding refusal to issue or renew a permit on the basis of the applicant’s criminal history, as well as the department’s discretionary guidelines for making such a determination. Accordingly, the proposed amendments to §§65.107, 65.109, 65.131, 65.132, and 65.603 remove regulatory language that is duplicative of the new statutory provisions.

         The provisions of S.B. 820 require the commission to adopt by rule procedures consistent with Subchapter G for the department’s review of a refusal to issue or renew a permit. Rather than promulgating duplicate provisions in each of the three subchapters of Chapter 65 of the Texas Administrative Code, the department instead proposes new §§65.701-65.704, designated as new Subchapter U, which would locate all provisions regarding permit/renewal refusal and review of refusal of Triple T, DMP, and deer breeder permit issuance or renewal in a single place to facilitate ease of reference.

         Proposed new §65.701, concerning Applicability, would clearly state that the subchapter applies only to Triple T, DMP and deer breeder permits. Proposed new §65.702, concerning Authority to Refuse to Issue or Renew Permit, would stipulate that department decisions to refuse permit issuance or renewal will be made in compliance with the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G. Proposed new §65.703, concerning Proscription of Certain Agents and Surrogates, would relocate the current provisions concerning the agents and surrogates in a single section for ease of reference. (S.B. 820 did not address the issue of agents or surrogates, and the agency is therefore retaining those rules). Proposed new §65.704, concerning Review of Department Decision to Refuse Permit Issuance or Renewal, would require the department to notify an applicant not later than the 10th day following a decision to refuse permit issuance or denial and to set a time and date for conducting a review of an agency decision to refuse permit issuance or renewal within 10 days of receiving a request for a review. The proposed rule also would replace the current delineation of department personnel constituting the review panel. The current rule requires the review panel to be composed of the Deputy Executive Director for Operations (or his or her designee), the Director of the Wildlife Division; and the Big Game Program Director. In practice, the department has discovered that it is difficult to schedule meetings of the review panel within the timeframe required by the rule, primarily because senior-level managers have statewide duties and are infrequently in the same place at the same time. Additionally, the department believes that the panel should not include the individual who refused to issue or renew the permit, and current rule does not afford the latitude to avoid such a conflict. Therefore, the proposed new rule would replace the current delineation with the requirement that the review panel consist of three department managers with expertise in deer management, appointed or approved by the executive director or designee. In this fashion, the review process can be expedited.

         In addition, the proposed new rule would eliminate the requirement that on an annual basis, the number and disposition of all reviews be reported to the department’s White-tailed Deer Advisory Committee.  Although the department intends to continue to make such a report to the White-tailed Deer Advisory Committee, such reports would be at the request of the Chair of the White-tailed Deer Advisory Committee.

         The proposed amendment to §65.608, concerning Annual Reports and Records, would correct an inadvertent oversight. In a rulemaking adopted last year, the department implemented mandatory electronic reporting for deer breeder permit holders, which included the implementation of a single reduced fee for deer breeder permit renewals. Prior to the rulemaking, permit holders who reported electronically were entitled to a 50% reduction in the renewal fee. With mandatory electronic reporting, all permittees receive a reduced fee for renewal; however, the rulemaking did not eliminate the provisions of §65.608 that are now irrelevant.

2. Fiscal Note.

         Mitch Lockwood, Big Game Program Director, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the rules.

3. Public Benefit/Cost Note.

         Mr. Lockwood also has determined that for each of the first five years the rules as proposed are in effect:

         (A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be rules that are organized more intuitively.

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, commission considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

         The department has determined that because the rules do not substantively alter any requirement currently in effect, there will be no adverse economic effects on small businesses, microbusinesses, or persons required to comply with the rules as proposed. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.

         (C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

         (D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

         (E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public Comment.

         Comments on the proposed rules may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4775 (e-mail: robert.macdonald@tpwd.texas.gov) or at http://www.tpwd.state.tx.us/business/feedback/public_comment/.

5. Statutory Authority.

         The amendments are proposed under the authority of Parks and Wildlife Code, §§43.061, 43.6011 and 43.6012, which require the commission to adopt rules for the trapping, transporting, and transplanting of game animals and game birds under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter E, and 12.605, which authorizes the commission to adopt procedures for the department’s review of a refusal to issue or renew a permit issued under Parks and Wildlife Code, §§43.061, 43.6011 and 43.6012.

         The proposed amendments affect Parks and Wildlife Code, Chapter 43.

6. Rule Text.

         §65.107. Permit Application and Processing.

                 (a) Permit applications.

                         (1) Application for permits authorized under this subchapter shall be on a form prescribed by the department.

                         (2) A single application for a Trap, Transport, and Transplant Permit may specify multiple trap and/or release sites; however, the permit fee prescribed by Chapter 53 of this title shall be assessed on a per-release site basis.

                         (3) A single application for an Urban White-tailed Deer Removal Permit may specify multiple trap and/or release sites. A single application for a Trap, Transport, and Process Surplus White-tailed Deer Permit may specify multiple trap sites and/or processing facilities.

                         (4) A single application may not specify multiple species of game birds and/or game animals.

                         (5) The application must be signed by:

                                  (A) the applicant;

                                  (B) the landowner or agent of the trap site(s); and

                                  (C) the landowner or agent of the release site(s) or the owner or agent of the processing facility or facilities.

                         (6) The applicant may designate certain persons and/or companies that will be involved in the permitted activities, including direct handling, transport and release of game animals or game birds. In the absence of the permittee, at least one of the named persons and/or companies shall be present during the permitted activities.

                 (b) [Review.  An applicant for a permit under this subchapter may request a review of a decision of the department to deny issuance or delay processing of a permit.]

                         [(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) The department shall conduct the review and notify the applicant of the results within 10 working days of receiving a request for review.]

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

                                  [(A) the Deputy Executive Director for Natural Resources, or his or her designee;]

                                  [(B) the Director of the Wildlife Division; and]

                                  [(C) the Big Game Program Director.]

                         [(4) The decision of the review panel is final.]

                          [(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.]

         §65.109. Issuance of Permit.

                 (a) (No change.)

                 (b) In addition to the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G, the department may refuse permit issuance or renewal as provided in Subchapter U of this chapter (relating to Authority to Refuse to Issue or Renew Permit). [The department may refuse permit issuance or renewal to any person who has been:]

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

                                  [(A) a violation of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R;]

                                  [(B) a violation of Parks and Wildlife Code that is a Class A misdemeanor, a Class B misdemeanor, or felony; or]

                                  [(C) a violation of Parks and Wildlife Code, §63.002; or]

                         [(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).]

                 (c) The department shall conduct all reviews of department decisions to deny issuance or renewal of a permit under this subchapter in compliance with the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G and Subchapter U of this chapter. [The department may prohibit any person from acting as an agent of any permittee if:]

                         [(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) 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.]

                 [(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) a violation of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R;]

                         [(2) a violation of Parks and Wildlife Code, §63.002; or]

                         [(3) a violation of 16 U.S.C. §§3371-3378 (the Lacey Act).]

                 [(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.]

         This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

         Issued in Austin, Texas, on

         The amendments are proposed under the authority of Parks and Wildlife Code, §43.603, which authorizes the commission to establish the conditions under which deer may be held under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter R, and Parks and Wildlife Code §12.605 which authorizes the commission to adopt procedures for the department’s review of a refusal to issue or renew a permit issued under Parks and Wildlife Code, Chapter 43, Subchapter R.

         The proposed amendments affect Parks and Wildlife Code, Chapter 43.

         §65.131. Deer Management Permit (DMP)

                 (a) – (c) No change.)

                 [(d) An applicant for a permit under this subchapter may request that a decision by the department to deny issuance or delay processing of a permit or permit renewal be reviewed.]

                         [(1) An applicant seeking review of a decision of the department under this subsection shall contact the department within 10 working days of being notified by the department of permit denial.]

                         [(2) The department shall conduct the review and notify the applicant of the results within 10 working days of receiving a request for a review.]

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

                                  [(A) the Deputy Executive Director for Natural Resources (or his or her designee);]

                                  [(B) the Director of the Wildlife Division; and]

                                  [(C) the Big Game Program Director.]

                         [(4) The decision of the review panel is final.]

                         [(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.]

         65.132. Permit Application.

                 (a) – (c) (No change.)

                 (d) In addition to the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G, the department may refuse permit issuance or renewal as provided in Subchapter U of this chapter (relating to Authority to Refuse to Issue or Renew Permit).

                 (e) The department shall conduct all reviews of department decisions to deny issuance or renewal of a permit under this subchapter in compliance with the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G and Subchapter U of this chapter.[The department may refuse to issue a permit or permit renewal to any person who has been:]

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

                                  [(A) a violation of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R;]

                                  [(B) a violation of Parks and Wildlife Code that is a Class A misdemeanor, a Class B misdemeanor, or felony; or]

                                  [(C) a violation of Parks and Wildlife Code, §63.002; or]

                         [(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).]

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

                         [(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) 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.]

                 [(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) a violation of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R;]

                         (2) a violation of Parks and Wildlife Code, §63.002; or]

                         (3) a violation of 16 U.S.C. §§3371-3378 (the Lacey Act).]

                 [(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.]

         This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

         Issued in Austin, Texas, on

         The amendments are proposed under the authority of Parks and Wildlife Code, §43.357, which authorizes the commission to make regulations governing  the possession of breeder deer held under a permit issued pursuant to the provisions of Parks and Wildlife Code, Chapter 43, Subchapter L, and Parks and Wildlife Code §12.605 which authorizes the commission to adopt procedures for the department’s review of a refusal to issue or renew a permit issued under Parks and Wildlife Code, Chapter 43, Subchapter L.

         The proposed amendments affect Parks and Wildlife Code, Chapter 43.

         §65.603. Application and Permit Issuance.

                 (a) – (f) (No change.)

                 (g) In addition to the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G, the department may refuse permit issuance or renewal as provided in Subchapter U of this chapter (relating to Authority to Refuse to Issue or Renew Permit).

                 (h) The department shall conduct all reviews of department decisions to deny issuance or renewal of a permit under this subchapter in compliance with the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G and Subchapter U of this chapter.[The department may refuse permit issuance or renewal to any person who has been:]

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

                                  [(A) a violation of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R;]

                                  [(B) a violation of Parks and Wildlife Code that is a Class B misdemeanor, a Class A misdemeanor, or felony; or]

                                  [(C) a violation of Parks and Wildlife Code, §63.002; or]

                         [(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) 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) 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) 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) The department shall conduct the review and notify the applicant of the results within 10 working days of receiving a request for review.]

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

                                  [(A) the Deputy Executive Director for Operations (or his or her designee);]

                                  [(B) the Director of the Wildlife Division; and]

                                  [(C) the Big Game Program Director.]

                         [(4) The decision of the review panel is final.]

                         [(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.]

         §65.608. Annual Reports and Records.

                 (a) Each deer breeder shall file a completed annual report by not later than May 15 of each year.

                 (b) A person other than a deer breeder holding breeder deer for nursing, breeding, or health care purposes shall maintain and, upon request, provide copies of transfer permits indicating the source of all breeder deer in the possession of that person.

                 [(c) The reduced fee for renewal of a deer breeder permit specified in §53.14(a)(2) of this title (relating to Deer Management and Removal Permits) shall apply to any permittee who, in the year prior to renewal, has reported via the department’s online reporting system at least 85% of the following (in the aggregate):]

                         [(1) births and deaths of deer held under the permit; and]

                         [(2) transfer permits activated by the permittee.]

         This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

         Issued in Austin, Texas, on

         The new sections are proposed under the authority of Parks and Wildlife Code,§§43.061, 43.6011 and 43.6012, which require the commission to adopt rules for the trapping, transporting, and transplanting of game animals and game birds under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter E, 43.603, which authorizes the commission to establish the conditions under which deer may be held under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter R, 43.357, which authorizes the commission to make regulations governing  the possession of breeder deer held under a permit issued pursuant to the provisions of Parks and Wildlife Code, Chapter 43, Subchapter L, and §12.605, which requires the commission to adopt procedures by rule that are consistent with Parks and Wildlife Code, Chapter 12, Subchapter G, for the department’s review of a refusal to issue or renew certain permits.

         The proposed new sections affect Parks and Wildlife Code, Chapters 12 and 43.

         §65.701. Applicability. The provisions of this subchapter apply only to permits issued pursuant to Subchapters C, D, and T of this chapter.

         §65.702. Authority to Refuse to Issue or Renew Permit.  The department may refuse permit issuance or renewal to any person as provided by Parks and Wildlife Code, Chapter 12, Subchapter G.

         §65.703. Proscription of Certain Agents and Surrogates.

                 (a) The department may prohibit any person from acting as an agent of any permittee if the person has a final conviction or has been assessed an administrative penalty for a violation of:

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

                         (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:

                                           (A) Class A or B misdemeanor;

                                           (B) state jail felony; or

                                           (C) felony;

                                  (3) Parks and Wildlife Code, §63.002; or

                                  (4) the Lacey Act (16 U.S.C. §§3371-3378).

                 (b) 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.

         §65.704. Review of Department Decision to Refuse Permit Issuance or Renewal. An applicant for a permit or permit renewal may request a review of a decision of the department to refuse issuance of a permit or permit renewal (as applicable).

                 (1) An applicant seeking review of a decision of the department with respect to permit issuance must request the review within 10 working days of being notified by the department that the application for a permit or permit renewal has been denied.

                         (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) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in deer management, appointed or approved by the executive director, or designee.

                         (4) The decision of the review panel is final.

         This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

         Issued in Austin, Texas, on