| (a) In addition to refusal of permit renewal under
the provisions of §55.202(c) of this title (relating to Period
of Validity; Renewal and Transfer of Permits), the department may
refuse to renew a permit under this subchapter if:
(1) an applicant is liable to the state under Parks
and Wildlife Code §12.301;
(2) an applicant has been finally convicted or assessed
an administrative penalty for a violation of:
(A) a provision of the Parks and Wildlife Code that
is punishable as a Parks and Wildlife Code:
(i) Class A or B misdemeanor;
(ii) state jail felony; or
(iii) felony; or
(B) a violation of Water Code, §26.121.
(b) In determining whether to renew a permit under
this section, the department may consider:
(1) the number of final convictions or administrative
penalties;
(2) the seriousness of the conduct on which the final
conviction or administrative penalty is based;
(3) the existence, number, and seriousness of offenses
or violations other than offenses or violations that resulted in a
final conviction or administrative penalty described by subsection
(a)(2) of this section;
(4) the length of time between the most recent final
conviction or administrative penalty and the application for permit
renewal;
(5) whether the final conviction, administrative penalty,
or other offense or violation was the result of negligence or intentional
conduct;
(6) whether the final conviction or administrative
penalty resulted from conduct committed or omitted by the applicant;
and
(7) other mitigating factors.
(c) The department shall provide to the applicant a
written statement of the reasons for a decision to deny the renewal
of a permit.
(d) An applicant for a permit renewal may request a
review of a decision of the department to refuse permit renewal.
(1) An applicant seeking review of a decision of the
department with respect to permit renewal must request the review
within 10 working days of being notified by the department that the
application for permit renewal has been denied. The review request
must be in writing and addressed to: Marine Enforcement, Texas Parks
and Wildlife Department, 4200 Smith School Rd., Austin, TX 78744.
(2) Within 10 working days of receiving a request for
review under this subsection, 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 marine regulations, appointed or approved by the
executive director, or the executive director’s designee.
(5) The decision of the review panel is final.
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