SRC-TNM H.B. 2541 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2541
By: Kuempel (Armbrister)
Natural Resources
5-8-97
Engrossed


DIGEST 

Currently, a scientific breeder's permit issued under Chapter 43L, Parks
and Wildlife Code, allows an individual to engage in the business of
holding white-tailed and mule deer in confinement for breeding,
propagation, management, and scientific purposes; transporting them across
the state of Texas; releasing them from their facility into the wild; and
buying and selling them in Texas. However, scientific breeders must obtain
their animals from legitimate out-of-state sources or from other
scientific breeders in Texas.  H.B. 2541 would streamline some of the
requirements and procedures of scientific breeders and protect their
rights of ownership of legally obtained deer while protecting the rights
of Texans to the ownership of white-tailed and mule deer. 

PURPOSE

As proposed, H.B. 2541 outlines provisions regarding the regulation of
certain scientific breeders. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 43.355(b), Parks and Wildlife Code, to provide
that a scientific breeder's (breeder) permit is valid only during the
yearly period for which the permit is issued without regard to the date on
which the permit is acquired.  Deletes text providing that a breeder's
permit expires one year from the date of issuance.  Provides that each
yearly period begins on September 1 or on another date set by the Parks
and Wildlife Commission (commission) and extends through August 31 of the
next year or another date set by the commission. 

SECTION 2. Amends Section 43.356(b), Parks and Wildlife Code, to require
the breeder to place a permanent, rather than metal, tag bearing the
breeder's, rather than his, serial number on each mule deer possessed,
rather than held in captivity or sold, by the breeder and to place on the
white-tailed deer or mule deer any other identification marking prescribed
by the commission. 

SECTION 3. Amends Section 43.357(b), Parks and Wildlife Code, to authorize
the commission to make regulations governing the recapture of lawfully
possessed white-tailed deer or mule deer that have escaped from a facility
of a breeder.  Makes conforming changes. 

SECTION 4. Amends Section 43.358, Parks and Wildlife Code, to authorize an
authorized employee of the Parks and Wildlife Department (department) to
inspect at any time and without warrant any records required to be
maintained under Section 43.359(a).  Makes conforming and nonsubstantive
changes. 

SECTION 5. Amends Section 43.359, Parks and Wildlife Code, to require a
breeder, rather than the holder of a breeder's permit, to maintain an
accurate record, rather than file with the department a report showing the
number of white-tailed and mule deer possessed under the permit and their
disposition, of white-tailed deer and mule deer acquired, purchased,
propagated, sold, or disposed of and any other information required by the
department that reasonably relates to the regulation of breeders.
Requires the record to be maintained on a form provided by the department.
Deletes text regarding results of research listed on the report.  Requires
a breeder to report the information  maintained under Subsection (a) to
the department in the time and manner required by commission proclamation. 

SECTION 6. Amends Section 43.362, Parks and Wildlife Code, by amending
Subsection (b) and adding Subsection (c), to provide that no person may
purchase a deer in this state unless the person obtains a permit for
purchasing from the department and the deer is properly marked as required
by Section 43.356(b), rather than bears a tag as required by Section
43.356 and is delivered or sold by a breeder, except as provided by
Chapter 43C.  Provides that no person may release into the wild a
white-tailed deer or mule deer unless all visible markings required by
Section 43.356(b) have been removed.  Makes a nonsubstantive change. 

SECTION 7. Amends Section 43.363(a), Parks and Wildlife Code, to provide
that during an open season for taking the white-tailed deer or mule deer
or during a period of 10 days before an open season, no breeder may
release into the wild or sell or ship to another person other than a
person holding a breeder's permit, a deer and no person in this state,
other than a breeder, may purchase a deer unless the breeder has removed
the antlers of a male deer to be sold and shipped and has given notice of
the sale to the department.  Deletes text regarding exceptions to an
instance in which a breeder is prohibited from releasing a deer.  Makes
nonsubstantive changes. 

SECTION 8. Amends Section 43.365, Parks and Wildlife Code, to set forth
instances in which a breeder commits an offense.  Deletes text providing
an offense for failure to furnish certain information to a game warden. 

SECTION 9. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 10. Emergency clause.