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.
2-61 * * * * *