Section 65.109 - Issuance of Permit(a) Except as may be specifically provided otherwise, permits authorized under this subchapter: (1) will not be issued until the department has conducted an inspection of the prospective release sites, if the department believes inspection is warranted;(2) will be issued only if the application and any associated materials are approved by a Wildlife Division technician or biologist authorized to approve Triple T permit applications; and(3) do not exempt an applicant from the requirements of §§ 65.150- 65.162 of this title (relating to Permits for Aerial Management of Wildlife and Exotic Animals).(b) A Triple T permit for deer may be approved without inspection of the release sites, provided: (1) the property is enrolled and in compliance with all applicable provisions of the Conservation Option of the Managed Lands Deer Program under § 65.29 of this title (relating to Managed Lands Deer (MLD) Program) during the year of the release; (2) the landowner furnishes a minimum of three years of population data and two years of harvest data, and is in compliance with all requirements of the WMP for the property; (3) the number of deer to be trapped (in addition to the number of deer harvested) does not exceed the population reduction specified in the wildlife management plan for the trap site; and (4) the number of deer to be released does not cause the total population of deer on the release site to exceed the total population size specified in a management plan under the provisions of § 65.25 of this title (relating to Wildlife Management Plan (WMP)).(c) In addition to the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G, the department may refuse permit issuance or renewal relating to deer as provided in Subchapter U of this chapter (relating to Authority to Refuse to Issue or Renew Permit).(d) The department shall conduct all reviews of department decisions to deny issuance or renewal of a permit relating to deer under this subchapter in compliance with the provisions of Parks and Wildlife Code, Chapter 12, Subchapter G and Subchapter U of this chapter.(e) The department may refuse to issue a permit under this subchapter relating to game birds and any game animal other than deer to 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) Parks and Wildlife Code, Chapter 43, Subchapter C, E, F, G, H, L, or R; (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 (3) Parks and Wildlife Code, § 63.002; or (4) the Lacey Act ( 16 U.S.C. §§ 3371-3378). (f) The department may refuse to issue a permit under this subchapter relating to game birds and any game animal other than deer 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 obtaining a permit. (g) An applicant for a permit under this subchapter relating to game birds and any game animal other than deer may request a review of a decision of the department to refuse issuance of a permit. (1) An applicant seeking review of a decision of the department with respect to the issuance or renewal of a permit must request the review within 10 working days of being notified by the department that the application 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 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) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in wildlife management, appointed or approved by the executive director, or designee. (5) The decision of the review panel is final. (h) 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 participate, assist, or be involved with an activity authorized under this subchapter.31 Tex. Admin. Code § 65.109
The provisions of this §65.109 adopted to be effective December 1, 1995, 20 TexReg 9569; amended to be effective August 15, 2001, 26 TexReg 6024; amended to be effective October 21, 2003, 28 TexReg 9079; amended to be effective May 23, 2006, 31 TexReg 4223; amended to be effective August 23, 2010, 35 TexReg 7438; amended by Texas Register, Volume 39, Number 46, November 14, 2014, TexReg 9045, eff. 11/19/2014; Amended by Texas Register, Volume 46, Number 10, March 5, 2021, TexReg 1496, eff. 3/14/2021