PUC H.B. 2541 75(R)BILL ANALYSIS STATE RECREATIONAL RESOURCES H.B. 2541 By: Kuempel 4-4-97 Committee Report (Amended) BACKGROUND A Scientific Breeder's Permit issued under Chapter 43, Subchapter L, 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; 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. PURPOSE HB 2541 will simplify and 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 wild white-tailed and mule deer. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. This bill does expand the Texas Parks and Wildlife Commission's scope in making regulations, in SECTION 2 [Sec. 43.357 (b)]. SECTION BY SECTION ANALYSIS SECTION 1: Amends Sec. 43.356 (b), Parks and Wildlife Code, by removing the requirement that an ear tag be made of metal, and clarifies that the Parks and Wildlife Commission may require other identification markings. SECTION 2: Amends Sec. 43.357 (b), Parks and Wildlife Code, to clarify that the Parks and Wildlife Commission may make regulations that provide for the recapture of lawfully possessed white-tailed or mule deer that have escaped from a Scientific Breeder facility. SECTION 3: Amends Sec. 43.358, Parks and Wildlife Code, to clarify that an authorized employee of the Parks and Wildlife Department may inspect records required of Scientific Breeders. SECTION 4: Amends Sec. 43.359, Parks and Wildlife Code, to clarify that Scientific Breeders must keep accurate records of transactions on a form provided by the Department, and make a report to the Department in a time and manner required by commission proclamation. SECTION 5: Amends Sec. 43.362, Parks and Wildlife Code, to clarify that Scientific Breeders may not purchase or accept a white-tailed or mule deer unless it is properly marked; and may not release white-tailed or mule deer from their facility into the wild unless all visible markings required by Sec. 43.356 (b) have been removed. SECTION 6: Amends Sec. 43.363 (a), Parks and Wildlife Code, to remove the requirement that Scientific Breeders shipping white-tailed or mule deer during and 10 days before a hunting season, remove the antlers of male deer when they are being shipped to another Scientific Breeder. This section also clarifies that a Scientific Breeder must notify the Department of the sale of deer from their facility, but removes the specific language in the statute as to what constitutes notification. SECTION 7: Amends Sec. 43.365, Parks and Wildlife Code, to make failure to provide records required under Sec. 43.359 (a) to a game warden for inspection, a violation. SECTION 8: Effective date: September 1, 1997. Transition clause. SECTION 9: Emergency clause. EXPLANATION OF AMENDMENTS Committee amendment no. 1 adds a new SECTION 1 and renumbers the subsequent sections appropriately. Committee amendment no. 1 makes the license period for a scientific game breeders license consistent with other Department licenses (yearly period beginning on September 1 or on another date set by the commission and extends through August 31 of the next year or another date set by the commission). Committee amendment no. 2 makes no substantive changes, it only clarifies the language in SECTION 6.