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