By Junell H.B. No. 2983
75R7529 JBN-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to game breeders and game breeders' permits and licenses;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter L, Chapter 43, Parks and Wildlife
1-6 Code, is amended to read as follows:
1-7 SUBCHAPTER L. GAME [SCIENTIFIC] BREEDER'S PERMIT
1-8 Sec. 43.351. DEFINITIONS. In this subchapter:
1-9 (1) "Game [Scientific] breeder" means a person holding
1-10 a valid game [scientific] breeder's permit.
1-11 (2) "Captivity" means the keeping of an animal in an
1-12 enclosure suitable for and capable of retaining the animal it is
1-13 designed to retain at all times under reasonable and ordinary
1-14 circumstances and to prevent entry by another animal of a similar
1-15 species.
1-16 Sec. 43.352. PERMIT AUTHORIZED. (a) The department shall
1-17 issue a permit to a qualified person to possess in captivity
1-18 white-tailed deer, pronghorn antelope, elk, or mule deer for the
1-19 purpose of propagation, management, stocking, hunting, or sale,
1-20 barter, or other exchange [and scientific purposes].
1-21 (b) A person is not qualified to hold a game breeder's
1-22 permit under this subchapter if the person has been convicted of a
1-23 parks and wildlife misdemeanor of the grade of B or a higher
1-24 severity.
2-1 Sec. 43.353. PERMIT IS DEFENSE. In any prosecution for the
2-2 unlawful possession or transportation of white-tailed deer,
2-3 pronghorn antelope, elk, or mule deer, the possession of a permit
2-4 issued under this subchapter to the accused is a complete defense
2-5 if the conduct was authorized under the terms of the permit.
2-6 Sec. 43.354. APPLICATION. The application for a game
2-7 [scientific] breeder's permit must be made under oath and must
2-8 state each [the] purpose specified by Section 43.352(a) for [of]
2-9 possession or transportation of white-tailed deer, pronghorn
2-10 antelope, elk, or mule deer for which the applicant seeks a
2-11 license.
2-12 Sec. 43.355. [CONDITIONS OF] PERMIT[;] EXPIRATION; FEES.
2-13 (a) [The department shall issue the scientific breeder's permit
2-14 under conditions determined by the commission, including specifying
2-15 the number of white-tailed deer or mule deer that may be possessed
2-16 and providing for an endorsement by a certified wildlife biologist.]
2-17 [(b)] A game [scientific] breeder's permit expires one year
2-18 from the date of issuance.
2-19 (b) [(c)] The fee for a game [scientific] breeder's permit
2-20 is $500 [$50] or an amount set by the commission, whichever amount
2-21 is more.
2-22 Sec. 43.356. SERIAL NUMBER. (a) The department shall issue
2-23 a serial number to the applicant at the time of the first issuance
2-24 of a game [scientific] breeder's permit to the applicant. The same
2-25 serial number shall be assigned to the permittee whenever the
2-26 permittee [he] holds a game [scientific] breeder's permit.
2-27 (b) The game [scientific] breeder shall place a suitable
3-1 permanent metal tag bearing his serial number on the ear of each
3-2 white-tailed deer, pronghorn antelope, elk, or mule deer held in
3-3 captivity [or sold] by the game [scientific] breeder.
3-4 Sec. 43.357. PERMIT PRIVILEGES; REGULATIONS. (a) The
3-5 holder of a valid game [scientific] breeder's permit may:
3-6 (1) engage in the business of breeding white-tailed
3-7 deer, pronghorn antelope, elk, or mule deer in the immediate
3-8 locality for which the license was issued; and
3-9 (2) sell or hold in captivity white-tailed deer,
3-10 pronghorn antelope, elk, or mule deer for the purpose of
3-11 propagation, management, stocking, hunting, or sale, barter, or
3-12 other exchange.
3-13 (b) The commission may make regulations governing the
3-14 possession of white-tailed deer, pronghorn antelope, elk, and mule
3-15 deer for game [scientific], management, [and] propagation,
3-16 stocking, hunting, or sale, barter, or other exchange purposes.
3-17 Sec. 43.358. INSPECTION. An authorized employee of the
3-18 department may inspect at any time and without warrant any pen,
3-19 coop, or enclosure holding white-tailed deer, pronghorn antelope,
3-20 elk, or mule deer.
3-21 Sec. 43.359. REPORTS. The holder of a game [scientific]
3-22 breeder's permit shall file with the department a report showing
3-23 the number of white-tailed deer, pronghorn antelope, elk, and mule
3-24 deer possessed under the permit and the [their] disposition of
3-25 each. The report shall also give the results of any research
3-26 conducted under the permit and must be filed before the 15th day
3-27 after the date on which the permit expires.
4-1 Sec. 43.360. ENCLOSURE SIZE. A single enclosure for the
4-2 hunting of white-tailed deer, pronghorn antelope, elk, or mule deer
4-3 may not contain less [more] than 320 acres.
4-4 Sec. 43.361. SHIPMENT OF GAME [WHITE-TAILED DEER]. (a) A
4-5 common carrier may not accept in this state a live white-tailed
4-6 deer, pronghorn antelope, elk, or mule deer unless the shipment is
4-7 made by a holder of a game [scientific] breeder's permit or by a
4-8 person holding a permit under Subchapter C of Chapter 43 of this
4-9 code.
4-10 (b) No person, except a game [scientific] breeder, the
4-11 breeder's [his] authorized agent, or a person holding a permit
4-12 under Subchapter C of Chapter 43 of this code, may transport or
4-13 ship a live white-tailed deer, pronghorn antelope, elk, or mule
4-14 deer unless the person [he] obtains a permit for shipment or
4-15 transportation from the department.
4-16 Sec. 43.362. PURCHASE AND SALE OF GAME [LIVE WHITE-TAILED
4-17 DEER AND MULE DEER]. (a) Only white-tailed deer, pronghorn
4-18 antelope, elk, and mule deer that are in a healthy condition may
4-19 be sold, bartered, or exchanged, or offered for sale, barter, or
4-20 exchange, by a game [scientific] breeder.
4-21 (b) No person may purchase or accept in this state a live
4-22 white-tailed deer, pronghorn antelope, elk, or mule deer unless the
4-23 person obtains a permit for purchasing from the department and:
4-24 (1) the white-tailed deer, pronghorn antelope, elk, or
4-25 mule deer bears a tag required by Section 43.356 of this code and
4-26 is delivered or sold by a game [scientific] breeder; or
4-27 (2) the white-tailed deer, pronghorn antelope, elk, or
5-1 mule deer is delivered by a common carrier from outside this state.
5-2 Sec. 43.363. SALE DURING OPEN SEASON. [(a)] No game
5-3 [scientific] breeder may sell or ship to another person a
5-4 white-tailed deer, pronghorn antelope, elk, or mule deer and no
5-5 person in this state may purchase from a game [scientific] breeder
5-6 in this state a white-tailed deer, pronghorn antelope, elk, or
5-7 mule deer during an open season for taking the white-tailed deer,
5-8 pronghorn antelope, elk, or mule deer or during the [a] period of
5-9 10 days before the opening day of an open season for taking the
5-10 white-tailed deer, pronghorn antelope, elk, or mule deer [unless
5-11 the scientific breeder:]
5-12 [(1) has removed immediately above the pedicel the
5-13 antlers of a male white-tailed deer or mule deer to be sold or
5-14 shipped to another person;]
5-15 [(2) has given written notice of the sale to a game
5-16 warden commissioned by the department who operates in the county of
5-17 sale;]
5-18 [(3) has given written notice of the shipment to a
5-19 game warden commissioned by the department who operates in the
5-20 county of origin and one who operates in the county of delivery;
5-21 and]
5-22 [(4) has received written approval for the sale and
5-23 shipment from the game wardens required to be notified under this
5-24 section].
5-25 [(b) The commission shall make regulations governing notice
5-26 and approval of the sale or shipment of white-tailed deer and mule
5-27 deer under this section.]
6-1 Sec. 43.364. USE OF PURCHASED GAME [WHITE-TAILED DEER AND
6-2 MULE DEER]. White-tailed deer, pronghorn antelope, elk, and mule
6-3 deer may be purchased or received in this state only for the
6-4 purpose of liberation for stocking or for the purpose of [purposes
6-5 or] holding in captivity for propagation, management, hunting, or
6-6 sale, barter, or exchange [purposes]. All white-tailed deer,
6-7 pronghorn antelope, elk, or mule deer and increase from the
6-8 white-tailed deer, pronghorn antelope, elk, or mule deer are under
6-9 the full force of the laws of this state pertaining to the hunting
6-10 of white-tailed deer, pronghorn antelope, elk, and mule deer, and
6-11 those animals [deer] may be held in captivity for propagation,
6-12 management, hunting, or sale, barter, or exchange in this state
6-13 only after a game [scientific] breeder's permit is issued by the
6-14 department under this subchapter.
6-15 Sec. 43.365. PROHIBITED ACTS. It is an offense if a game
6-16 [scientific] breeder:
6-17 (1) takes, traps, or captures or attempts to take,
6-18 trap, or capture white-tailed deer, pronghorn antelope, elk, or
6-19 mule deer from the wild;
6-20 (2) allows the hunting or killing of a white-tailed
6-21 deer, pronghorn antelope, elk, or mule deer held in captivity
6-22 except under the provisions of this subchapter; or
6-23 (3) fails to furnish to a game warden commissioned by
6-24 the department information as to the source from which white-tailed
6-25 deer, pronghorn antelope, elk, or mule deer held in captivity were
6-26 derived.
6-27 Sec. 43.366. APPLICATION OF GENERAL LAWS. In order that
7-1 native species may be preserved, white-tailed deer, pronghorn
7-2 antelope, elk, and mule deer held under a game [scientific]
7-3 breeder's permit are subject to all laws and regulations of this
7-4 state pertaining to white-tailed deer, pronghorn antelope, elk, or
7-5 mule deer except as specifically provided in this subchapter.
7-6 However, it is specifically provided that this subchapter may not
7-7 be construed to restrict or prohibit the use of high fences for the
7-8 purposes of propagation, management, stocking, hunting, or sale,
7-9 barter, or other exchange of white-tailed deer, pronghorn antelope,
7-10 elk, or mule deer.
7-11 Sec. 43.367. PENALTY. A person who violates a provision of
7-12 this subchapter, the conditions of a permit, or a regulation of the
7-13 commission issued under this subchapter or who fails to file a full
7-14 and complete report as required by Section 43.359 [of this code]
7-15 commits an offense that is a Class C Parks and Wildlife Code
7-16 misdemeanor.
7-17 SECTION 2. Section 44.001, Parks and Wildlife Code, is
7-18 amended to read as follows:
7-19 Sec. 44.001. DEFINITIONS. In this chapter:
7-20 (1) "Game breeder" means a person holding a valid game
7-21 breeder's license.
7-22 (2) "Captivity" means the keeping of an animal [game
7-23 animals] in an enclosure suitable for and capable of retaining the
7-24 animal it is designed to retain at all times under reasonable and
7-25 ordinary circumstances and to prevent entry by another animal of a
7-26 similar species.
7-27 SECTION 3. Section 44.002, Parks and Wildlife Code, is
8-1 amended to read as follows:
8-2 Sec. 44.002. LICENSE REQUIREMENT. No person may place in
8-3 captivity or engage in the business of propagating an elk, collared
8-4 peccary, or wild native squirrel [any game animal of this state]
8-5 unless he has obtained a license issued under this chapter from
8-6 the department. In this section, "elk" includes only those elk in a
8-7 county in which elk are game animals.
8-8 SECTION 4. Section 44.003, Parks and Wildlife Code, is
8-9 amended to read as follows:
8-10 Sec. 44.003. GAME BREEDER'S LICENSE. The department shall
8-11 issue a game breeder's license on payment of a license fee of $50
8-12 [$10] or an amount set by the commission, whichever amount is more.
8-13 The license is valid for a yearly period. Each yearly period
8-14 begins on September 1 or another date set by the commission and
8-15 extends through August 31 of the next year or another date set by
8-16 the commission. The commission by rule may set the amount of a
8-17 license fee for a license issued during a transition period at an
8-18 amount lower than prescribed in this section and provide for a
8-19 license term for a transition period that is shorter or longer than
8-20 a year.
8-21 SECTION 5. Section 44.006, Parks and Wildlife Code, is
8-22 amended to read as follows:
8-23 Sec. 44.006. LICENSE PRIVILEGES. The holder of a valid game
8-24 breeder's license may:
8-25 (1) engage in the business of game breeding in the
8-26 immediate locality for which the license was issued; and
8-27 (2) sell or hold in captivity for the purpose of
9-1 propagation or sale elk [antelope], collared peccary, and wild
9-2 native squirrels[; and]
9-3 [(3) sell or hold in captivity for the purpose of
9-4 propagation or sale, elk in any county in which elk is a game
9-5 animal].
9-6 SECTION 6. Section 44.012, Parks and Wildlife Code, is
9-7 amended to read as follows:
9-8 Sec. 44.012. SALE DURING OPEN SEASON. No game breeder may
9-9 sell or ship to another person in this state any elk [antelope] or
9-10 collared peccary, and no person in this state may purchase from a
9-11 game breeder in this state or any other state any elk [antelope] or
9-12 collared peccary during an open season for taking the game animal
9-13 or during a period of 10 days before [and after] an open season.
9-14 SECTION 7. Sections 44.005, 44.008, and 44.0135, Parks and
9-15 Wildlife Code, are repealed.
9-16 SECTION 8. (a) This Act takes effect September 1, 1997.
9-17 (b) This Act applies to the rights, duties, obligations, and
9-18 liabilities of a game breeder license or permit holder whose
9-19 license is issued or renewed on or after that date. This Act
9-20 applies to an offense committed on or after the effective date of
9-21 this Act. The law in effect immediately before the effective date
9-22 of this Act applies to an offense committed under Subchapter L,
9-23 Chapter 43, Parks and Wildlife Code, or under Chapter 44, Parks and
9-24 Wildlife Code, before the effective date of this Act, and that law
9-25 is continued in effect for the purpose of those offenses. An
9-26 offense occurs before the effective date of this Act if any element
9-27 of the offense is committed before the effective date of this Act.
10-1 SECTION 9. The importance of this legislation and the
10-2 crowded condition of the calendars in both houses create an
10-3 emergency and an imperative public necessity that the
10-4 constitutional rule requiring bills to be read on three several
10-5 days in each house be suspended, and this rule is hereby suspended.