1-1     By:  Kuempel (Senate Sponsor - Armbrister)            H.B. No. 2541

 1-2           (In the Senate - Received from the House May 2, 1997;

 1-3     May 5, 1997, read first time and referred to Committee on Natural

 1-4     Resources; May 9, 1997, reported favorably by the following vote:

 1-5     Yeas 9, Nays 0; May 9, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the regulation of certain scientific breeders.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section 43.355(b), Parks and Wildlife Code, is

1-11     amended to read as follows:

1-12           (b)  A scientific breeder's permit is valid only during the

1-13     yearly period for which the permit is issued without regard to the

1-14     date on which the permit is acquired [expires one year from the

1-15     date of issuance].  Each yearly period begins on September 1 or on

1-16     another date set by the commission and extends through August 31 of

1-17     the next year or another date set by the commission.

1-18           SECTION 2.  Section 43.356(b), Parks and Wildlife Code, is

1-19     amended to read as follows:

1-20           (b)  The scientific breeder shall place a suitable permanent

1-21     [metal] tag bearing the scientific breeder's [his] serial number on

1-22     the ear of each white-tailed deer or mule deer possessed [held in

1-23     captivity or sold] by the scientific breeder and shall place on the

1-24     white-tailed deer or mule deer any other identification marking

1-25     prescribed by the commission.

1-26           SECTION 3.  Section 43.357(b), Parks and Wildlife Code, is

1-27     amended to read as follows:

1-28           (b)  The commission may make regulations governing:

1-29                 (1)  the possession of white-tailed deer and mule deer

1-30     for scientific, management, and propagation purposes; and

1-31                 (2)  the  recapture of lawfully possessed white-tailed

1-32     deer or mule deer that have escaped from a facility of a scientific

1-33     breeder.

1-34           SECTION 4.  Section 43.358, Parks and Wildlife Code, is

1-35     amended to read as follows:

1-36           Sec. 43.358.  INSPECTION.  An authorized employee of the

1-37     department may inspect at any time and without warrant:

1-38                 (1)  any pen, coop, or enclosure holding white-tailed

1-39     deer or mule deer; or

1-40                 (2)  any records required to be maintained under

1-41     Section 43.359(a).

1-42           SECTION 5.  Section 43.359, Parks and Wildlife Code, is

1-43     amended to read as follows:

1-44           Sec. 43.359.  REPORTS.  (a)  A [The holder of a] scientific

1-45     breeder [breeder's permit] shall maintain an accurate record [file

1-46     with the department a report showing the number] of white-tailed

1-47     deer and mule deer acquired, purchased, propagated, sold, or

1-48     disposed of and any other information required by the department

1-49     that reasonably relates to the regulation of scientific breeders

1-50     [possessed under the permit and their disposition].  The record

1-51     shall be maintained on a form provided by the department.  [The

1-52     report shall also give the results of any research conducted under

1-53     the permit and must be filed before the 15th day after the date on

1-54     which the permit expires.]

1-55           (b)  A scientific breeder shall report the information

1-56     maintained under Subsection (a) to the department in the time and

1-57     manner required by commission proclamation.

1-58           SECTION 6.  Section 43.362, Parks and Wildlife Code, is

1-59     amended by amending Subsection (b) and adding Subsection (c) to

1-60     read as follows:

1-61           (b)  Except as provided by Subchapter C, Chapter 43, no [No]

1-62     person may purchase or accept in this state a live white-tailed

1-63     deer or mule deer unless the person obtains a permit for purchasing

1-64     from the department and:

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

 2-2     marked as [bears a tag] required by Section 43.356(b) [43.356] of

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

 2-4                 (2)  the white-tailed deer or mule deer is delivered by

 2-5     a common carrier from outside this state.

 2-6           (c)  No person may release into the wild a white-tailed deer

 2-7     or mule deer unless all visible markings required by Section

 2-8     43.356(b) have been removed.

 2-9           SECTION 7.  Section 43.363(a), Parks and Wildlife Code, is

2-10     amended to read as follows:

2-11           (a)  During an open season for taking the white-tailed deer

2-12     or mule deer or during a period of 10 days before an open season,

2-13     no [No] scientific breeder may release into the wild or sell or

2-14     ship to a [another] person other than a person holding a scientific

2-15     breeder's permit, a white-tailed deer or mule deer and no person in

2-16     this state, other than a scientific breeder, may purchase from a

2-17     scientific breeder in this state a white-tailed deer or mule deer

2-18     [during an open season for taking the white-tailed deer or mule

2-19     deer or during a period of 10 days before an open season] unless

2-20     the scientific breeder:

2-21                 (1)  has removed immediately above the pedicel the

2-22     antlers of a male white-tailed deer or mule deer to be sold or

2-23     shipped [to another person]; and

2-24                 (2)  has given written notice of the sale to [a game

2-25     warden commissioned by] the department [who operates in the county

2-26     of sale;]

2-27                 [(3)  has given written notice of the shipment to a

2-28     game warden commissioned by the department who operates in the

2-29     county of origin and one who operates in the county of delivery;

2-30     and]

2-31                 [(4)  has received written approval for the sale and

2-32     shipment from the game wardens required to be notified under this

2-33     section].

2-34           SECTION 8.  Section 43.365, Parks and Wildlife Code, is

2-35     amended to read as follows:

2-36           Sec. 43.365.  PROHIBITED ACTS.  It is an offense if a

2-37     scientific breeder:

2-38                 (1)  takes, traps, or captures or attempts to take,

2-39     trap, or capture white-tailed deer or mule deer from the wild;

2-40                 (2)  allows the hunting or killing of a white-tailed

2-41     deer or mule deer held in captivity under the provisions of this

2-42     subchapter; or

2-43                 (3)  fails to furnish to a game warden commissioned by

2-44     the department records required to be maintained under Section

2-45     43.359(a) [information as to the source from which white-tailed

2-46     deer or mule deer held in captivity were derived].

2-47           SECTION 9.  (a)  This Act takes effect September 1, 1997.

2-48           (b)  The changes in the law made by this Act apply only to an

2-49     offense committed on or after the effective date of this Act.  For

2-50     the purpose of this subsection, an offense is committed before the

2-51     effective date of this Act if any element of the offense occurs

2-52     before that date.  An offense committed before the effective date

2-53     of this Act is covered by the law in effect when the offense was

2-54     committed, and the former law is continued in effect for that

2-55     purpose.

2-56           SECTION 10.  The importance of this legislation and the

2-57     crowded condition of the calendars in both houses create an

2-58     emergency and an imperative public necessity that the

2-59     constitutional rule requiring bills to be read on three several

2-60     days in each house be suspended, and this rule is hereby suspended.

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