By Kuempel                                            H.B. No. 2541

         75R6213 GJH-F                           

                                A BILL TO BE ENTITLED

 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 43.356(b), Parks and Wildlife Code, is

 1-5     amended to read as follows:

 1-6           (b)  The scientific breeder shall place a suitable permanent

 1-7     [metal] tag bearing the scientific breeder's [his] serial number on

 1-8     the ear of each white-tailed deer or mule deer possessed [held in

 1-9     captivity or sold] by the scientific breeder and shall place on the

1-10     white-tailed deer or mule deer any other identification marking

1-11     prescribed by the commission.

1-12           SECTION 2.  Section 43.357(b), Parks and Wildlife Code, is

1-13     amended to read as follows:

1-14           (b)  The commission may make regulations governing:

1-15                 (1)  the possession of white-tailed deer and mule deer

1-16     for scientific, management, and propagation purposes; and

1-17                 (2)  the  recapture of lawfully possessed white-tailed

1-18     deer or mule deer that have escaped from a facility of a scientific

1-19     breeder.

1-20           SECTION 3.  Section 43.358, Parks and Wildlife Code, is

1-21     amended to read as follows:

1-22           Sec. 43.358.  INSPECTION.  An authorized employee of the

1-23     department may inspect at any time and without warrant:

1-24                 (1)  any pen, coop, or enclosure holding white-tailed

 2-1     deer or mule deer; or

 2-2                 (2)  any records required to be maintained under

 2-3     Section 43.359(a).

 2-4           SECTION 4.  Section 43.359, Parks and Wildlife Code, is

 2-5     amended to read as follows:

 2-6           Sec. 43.359.  REPORTS.  (a)  A [The holder of a] scientific

 2-7     breeder [breeder's permit] shall maintain an accurate record [file

 2-8     with the department a report showing the number] of white-tailed

 2-9     deer and mule deer acquired, purchased, propagated, sold, or

2-10     disposed of and any other information required by the department

2-11     that reasonably relates to the regulation of scientific breeders

2-12     [possessed under the permit and their disposition].  The record

2-13     shall be maintained on a form provided by the department.  [The

2-14     report shall also give the results of any research conducted under

2-15     the permit and must be filed before the 15th day after the date on

2-16     which the permit expires.]

2-17           (b)  A scientific breeder shall report the information

2-18     maintained under Subsection (a) to the department in the time and

2-19     manner required by commission proclamation.

2-20           SECTION 5.  Section 43.362, Parks and Wildlife Code, is

2-21     amended by amending Subsection (b) and adding Subsection (c) to

2-22     read as follows:

2-23           (b)  Except as provided by Subchapter C, Chapter 43, no [No]

2-24     person may purchase or accept in this state a live white-tailed

2-25     deer or mule deer unless the person obtains a permit for purchasing

2-26     from the department and:

2-27                 (1)  the white-tailed deer or mule deer is properly

 3-1     marked as [bears a tag] required by Section 43.356(b) [43.356] of

 3-2     this code [and is delivered or sold by a scientific breeder]; or

 3-3                 (2)  the white-tailed deer or mule deer is delivered by

 3-4     a common carrier from outside this state.

 3-5           (c)  No person may release into the wild a white-tailed deer

 3-6     or mule deer unless all visible markings required by Section

 3-7     43.356(b) have been removed.

 3-8           SECTION 6.  Section 43.363(a), Parks and Wildlife Code, is

 3-9     amended to read as follows:

3-10           (a)  No scientific breeder may sell or ship to another person

3-11     a white-tailed deer or mule deer and no person in this state may

3-12     purchase from a scientific breeder in this state a white-tailed

3-13     deer or mule deer during an open season for taking the white-tailed

3-14     deer or mule deer or during a period of 10 days before an open

3-15     season unless the scientific breeder:

3-16                 (1)  has removed immediately above the pedicel the

3-17     antlers of a male white-tailed deer or mule deer to be sold or

3-18     shipped to a [another] person other than another scientific

3-19     breeder; and

3-20                 (2)  has given written notice of the sale to [a game

3-21     warden commissioned by] the department [who operates in the county

3-22     of sale;]

3-23                 [(3)  has given written notice of the shipment to a

3-24     game warden commissioned by the department who operates in the

3-25     county of origin and one who operates in the county of delivery;

3-26     and]

3-27                 [(4)  has received written approval for the sale and

 4-1     shipment from the game wardens required to be notified under this

 4-2     section].

 4-3           SECTION 7.  Section 43.365, Parks and Wildlife Code, is

 4-4     amended to read as follows:

 4-5           Sec. 43.365.  PROHIBITED ACTS.  It is an offense if a

 4-6     scientific breeder:

 4-7                 (1)  takes, traps, or captures or attempts to take,

 4-8     trap, or capture white-tailed deer or mule deer from the wild;

 4-9                 (2)  allows the hunting or killing of a white-tailed

4-10     deer or mule deer held in captivity under the provisions of this

4-11     subchapter; or

4-12                 (3)  fails to furnish to a game warden commissioned by

4-13     the department records required to be maintained under Section

4-14     43.359(a) [information as to the source from which white-tailed

4-15     deer or mule deer held in captivity were derived].

4-16           SECTION 8.  (a)  This Act takes effect September 1, 1997.

4-17           (b)  The changes in the law made by this Act apply only to an

4-18     offense committed on or after the effective date of this Act.  For

4-19     the purpose of this subsection, an offense is committed before the

4-20     effective date of this Act if any element of the offense occurs

4-21     before that date.  An offense committed before the effective date

4-22     of this Act is covered by the law in effect when the offense was

4-23     committed, and the former law is continued in effect for that

4-24     purpose.

4-25           SECTION 9.  The importance of this legislation and the

4-26     crowded condition of the calendars in both houses create an

4-27     emergency and an imperative public necessity that the

 5-1     constitutional rule requiring bills to be read on three several

 5-2     days in each house be suspended, and this rule is hereby suspended.

 5-3                          COMMITTEE AMENDMENT NO. 1

 5-4           Amend H.B. 2541 as follows:

 5-5           (1)  On page 1, line 4, insert the following,

 5-6           "SECTION 1.  Section 43.355, Parks and Wildlife Code, is

 5-7     amended to read as follows:

 5-8           (b)  A scientific breeder's permit is valid only during the

 5-9     yearly period for which the permit is issued without regard to the

5-10     date on which the permit is acquired [expires one year from the

5-11     date of issuance].  Each yearly period begins on September 1 or on

5-12     another date set by the commission and extends through August 31 of

5-13     the next year or another date set by the commission." and renumber

5-14     the subsequent sections appropriately.

5-15                                                                  McCall

5-16                          COMMITTEE AMENDMENT NO. 2

5-17           Amend H.B. 2541 as follows:

5-18           (1)  On page 3, strike lines 10-19, and substitute

5-19           "(a)  During an open season for taking the white-tailed deer

5-20     or mule deer or during a period of 10 days before an open season,

5-21     no scientific breeder may release into the wild, sell or ship to

5-22     [another] a person other than a person holding a scientific breeders

5-23     permit, a white-tailed deer or mule deer and no person in this

5-24     state, other than a scientific breeder may purchase from a

5-25     scientific breeder in this state a white-tailed deer or mule deer

5-26     [or during a period of 10 days before an open season] unless the

5-27     scientific breeder:

 6-1                 (1)  has removed immediately above the pedicel the

 6-2     antlers of a male white-tailed deer or mule deer to be sold or

 6-3     shipped [to another person]; and"

 6-4                                                                Longoria