1-1 AN ACT
1-2 relating to the regulation of certain scientific breeders.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 43.355(b), Parks and Wildlife Code, is
1-5 amended to read as follows:
1-6 (b) A scientific breeder's permit is valid only during the
1-7 yearly period for which the permit is issued without regard to the
1-8 date on which the permit is acquired [expires one year from the
1-9 date of issuance]. Each yearly period begins on September 1 or on
1-10 another date set by the commission and extends through August 31 of
1-11 the next year or another date set by the commission.
1-12 SECTION 2. Section 43.356(b), Parks and Wildlife Code, is
1-13 amended to read as follows:
1-14 (b) The scientific breeder shall place a suitable permanent
1-15 [metal] tag bearing the scientific breeder's [his] serial number on
1-16 the ear of each white-tailed deer or mule deer possessed [held in
1-17 captivity or sold] by the scientific breeder and shall place on the
1-18 white-tailed deer or mule deer any other identification marking
1-19 prescribed by the commission.
1-20 SECTION 3. Section 43.357(b), Parks and Wildlife Code, is
1-21 amended to read as follows:
1-22 (b) The commission may make regulations governing:
1-23 (1) the possession of white-tailed deer and mule deer
1-24 for scientific, management, and propagation purposes; and
2-1 (2) the recapture of lawfully possessed white-tailed
2-2 deer or mule deer that have escaped from a facility of a scientific
2-3 breeder.
2-4 SECTION 4. Section 43.358, Parks and Wildlife Code, is
2-5 amended to read as follows:
2-6 Sec. 43.358. INSPECTION. An authorized employee of the
2-7 department may inspect at any time and without warrant:
2-8 (1) any pen, coop, or enclosure holding white-tailed
2-9 deer or mule deer; or
2-10 (2) any records required to be maintained under
2-11 Section 43.359(a).
2-12 SECTION 5. Section 43.359, Parks and Wildlife Code, is
2-13 amended to read as follows:
2-14 Sec. 43.359. REPORTS. (a) A [The holder of a] scientific
2-15 breeder [breeder's permit] shall maintain an accurate record [file
2-16 with the department a report showing the number] of white-tailed
2-17 deer and mule deer acquired, purchased, propagated, sold, or
2-18 disposed of and any other information required by the department
2-19 that reasonably relates to the regulation of scientific breeders
2-20 [possessed under the permit and their disposition]. The record
2-21 shall be maintained on a form provided by the department. [The
2-22 report shall also give the results of any research conducted under
2-23 the permit and must be filed before the 15th day after the date on
2-24 which the permit expires.]
2-25 (b) A scientific breeder shall report the information
2-26 maintained under Subsection (a) to the department in the time and
2-27 manner required by commission proclamation.
3-1 SECTION 6. Section 43.362, Parks and Wildlife Code, is
3-2 amended by amending Subsection (b) and adding Subsection (c) to
3-3 read as follows:
3-4 (b) Except as provided by Subchapter C, Chapter 43, no [No]
3-5 person may purchase or accept in this state a live white-tailed
3-6 deer or mule deer unless the person obtains a permit for purchasing
3-7 from the department and:
3-8 (1) the white-tailed deer or mule deer is properly
3-9 marked as [bears a tag] required by Section 43.356(b) [43.356] of
3-10 this code [and is delivered or sold by a scientific breeder]; or
3-11 (2) the white-tailed deer or mule deer is delivered by
3-12 a common carrier from outside this state.
3-13 (c) No person may release into the wild a white-tailed deer
3-14 or mule deer unless all visible markings required by Section
3-15 43.356(b) have been removed.
3-16 SECTION 7. Section 43.363(a), Parks and Wildlife Code, is
3-17 amended to read as follows:
3-18 (a) During an open season for taking the white-tailed deer
3-19 or mule deer or during a period of 10 days before an open season,
3-20 no [No] scientific breeder may release into the wild or sell or
3-21 ship to a [another] person other than a person holding a scientific
3-22 breeder's permit, a white-tailed deer or mule deer and no person in
3-23 this state, other than a scientific breeder, may purchase from a
3-24 scientific breeder in this state a white-tailed deer or mule deer
3-25 [during an open season for taking the white-tailed deer or mule
3-26 deer or during a period of 10 days before an open season] unless
3-27 the scientific breeder:
4-1 (1) has removed immediately above the pedicel the
4-2 antlers of a male white-tailed deer or mule deer to be sold or
4-3 shipped [to another person]; and
4-4 (2) has given written notice of the sale to [a game
4-5 warden commissioned by] the department [who operates in the county
4-6 of sale;]
4-7 [(3) has given written notice of the shipment to a
4-8 game warden commissioned by the department who operates in the
4-9 county of origin and one who operates in the county of delivery;
4-10 and]
4-11 [(4) has received written approval for the sale and
4-12 shipment from the game wardens required to be notified under this
4-13 section].
4-14 SECTION 8. Section 43.365, Parks and Wildlife Code, is
4-15 amended to read as follows:
4-16 Sec. 43.365. PROHIBITED ACTS. It is an offense if a
4-17 scientific breeder:
4-18 (1) takes, traps, or captures or attempts to take,
4-19 trap, or capture white-tailed deer or mule deer from the wild;
4-20 (2) allows the hunting or killing of a white-tailed
4-21 deer or mule deer held in captivity under the provisions of this
4-22 subchapter; or
4-23 (3) fails to furnish to a game warden commissioned by
4-24 the department records required to be maintained under Section
4-25 43.359(a) [information as to the source from which white-tailed
4-26 deer or mule deer held in captivity were derived].
4-27 SECTION 9. (a) This Act takes effect September 1, 1997.
5-1 (b) The changes in the law made by this Act apply only to an
5-2 offense committed on or after the effective date of this Act. For
5-3 the purpose of this subsection, an offense is committed before the
5-4 effective date of this Act if any element of the offense occurs
5-5 before that date. An offense committed before the effective date
5-6 of this Act is covered by the law in effect when the offense was
5-7 committed, and the former law is continued in effect for that
5-8 purpose.
5-9 SECTION 10. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2541 was passed by the House on May
1, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2541 was passed by the Senate on May
28, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor