(a) An applicant for an initial deer breeder's permit shall submit the following to the department:      
        (1) a completed application on a form supplied by the department;       
        (2) a letter of endorsement by a person authorized by the department to conduct facility inspections stating that the person has personally conducted an on-site inspection at the facility identified in the application and affirming that the facility identified in the application:                  (A) is constructed as depicted on the diagram submitted with the application;                   (B) contains infrastructure appropriate for the humane treatment of deer, including for the provision of adequate food, a continuous supply of water, and ample cover or shelter;                   (C) is adequate for the lawful conduct of activities governed by this subchapter;                   (D) has been secured in such a fashion to prevent ingress to and egress from the facility by any deer, livestock, exotic livestock, or similar animals; and                   (E) no deer, livestock, exotic livestock, or similar animals are present or confined within the facility;         
        (3) a diagram of the physical layout of the facility that clearly defines each distinct enclosure within the facility boundaries and all gates and fences;       
        (4) the application processing fee specified in Chapter 53, Subchapter A, of this title (relating to Fees); and       
        (5) any additional information that the department determines is necessary to process the application.       
      (b) For the purposes of this subchapter, an authorized facility inspector is a person not employed by the department who:      
        (1) has been awarded a bachelor's degree or higher in wildlife science, wildlife management, or a related educational field;       
        (2) has not less than three years of post-graduate experience associated with breeder deer within the five years preceding any facility inspection conducted by the person;       
        (3) has not, according to department records, failed to maintain a reconciled herd, as defined by §65.90(27) of this title (relating to Definitions), within the five years immediately preceding any inspection conducted for purposes of satisfying the requirements of this subchapter; and       
        (4) has not been finally convicted of or been assessed an administrative penalty for violation of an offense listed in §65.703 of this title (relating to Proscription of Certain Agents and Surrogates).       
      (c) A deer breeder's permit may be issued when:      
        (1) the application and associated materials have been approved by the department; and       
        (2) the department has received the fee as specified in Chapter 53, Subchapter A, of this title (relating to Fees).       
      (d) An initial deer breeder's permit shall be a one-year permit valid from the date of issuance until the immediately following July 1. The department may issue a three or five-year deer breeder's permit if the permit holder has met the requirements of subsection (e) of this section for the three-year period immediately prior to application for a three or five-year permit renewal. A three-year or five-year deer breeder permit renewal is valid for the three-year or five-year period specified on the permit.     
      (e) Except as provided in subsection (i) of this section, a deer breeder's one, three, or five-year permit may be renewed prior to the date of expiration, provided that the applicant:      
        (1) is in substantial compliance with the provisions of this subchapter and Parks and Wildlife Code, Chapter 43, Subchapters L and X;       
        (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) has filed the annual report in a timely fashion, as required by §65.608 of this title (relating to Annual Reports and Records);       
        (4) has paid the permit renewal fee as specified in Chapter 53, Subchapter A, of this title (relating to Fees); and       
        (5) for a permit renewal of three-years or five-years, meets the criteria for a three-year and five-year permit specified in Parks and Wildlife Code, §43.352.       
      (f) An authorized agent may be added to or deleted from a permit at any time by notifying the department. No person added to a permit under this subsection shall participate in any activity governed by a permit unless that person is listed on an amended permit issued by the department.     
      (g) Except as provided by this subchapter for transfer 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 enlarge, reduce, reconfigure, or otherwise alter a facility, the permittee shall submit to the department an accurate diagram of the altered facility, indicating all changes to the existing facility. 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 an approved diagram on file with the department.     
      (h) 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).     
      (i) 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.     
     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; amended to be effective March 5, 2013, 38 TexReg 1373; amended to be effective March 26, 2014, 39 TexReg 2114; amended to be effective November 17, 2014, 39 TexReg9044; amended to be effective March 14, 2021, 46 TexReg 1500