By: Armbrister S.B. No. 1504
A BILL TO BE ENTITLED
AN ACT
relating to the possession of white-tailed deer or mule deer for the
purpose of sale, purchase, transfer, propagation or liberation
under terms of a permit; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter L. Chapter 43, Parks and Wildlife
Code is amended to read as follows:
SUBCHAPTER L. DEER [SCIENTIFIC] BREEDER'S PERMIT
Sec. 43.351. DEFINITIONS. In this subchapter:
(1) "Captivity" means the keeping of a deer in an
enclosure suitable for and capable of retaining the deer it is
designed to retain at all times under reasonable and ordinary
circumstances and to prevent entry by another deer. Captivity
includes temporary possession in a vehicle or trailer.
(2) "Deer" means a white-tailed deer or mule deer.
(3) "Deer [Scientific] breeder" means a person holding
a valid deer [scientific] breeder's permit.
[(2) "Captivity" means the keeping of an animal in an
enclosure suitable for and capable of retaining the animal it is
designed to retain at all times under reasonable and ordinary
circumstances and to prevent entry by another animal.]
(4) "Durable identification tag" means a tag made of a
material that is not likely to disintegrate, decompose, be
dislodged or removed and may include newly developed technology,
RFIDs (Radio Frequency Identification) tags, implantable
transponders, or microchips.
(5) "Immediate locality" means land that is contiguous
and that is owned by an individual person, partnership, firm or
corporation. A tract of land is considered contiguous if separated
by public road or waterway.
(6) "Liberation" means the intentional release of a
live deer from a permitted facility, vehicle, or trailer.
Sec. 43.352. PERMIT AUTHORIZED. The department shall issue
a permit to a qualified person to possess live [white-tailed deer or
mule] deer in captivity [for propagation, management, and
scientific purposes].
[Sec. 43.354. APPLICATION. The application for a
scientific breeder's permit must be made under oath and must state
the purpose of possession or transportation of white-tailed deer or
mule deer.]
[Sec. 43.355. CONDITIONS OF PERMIT; EXPIRATION; FEES.
(a) The department shall issue the scientific breeder's permit
under conditions determined by the commission, including
specifying the number of white-tailed deer or mule deer that may be
possessed and providing for an endorsement by a certified wildlife
biologist.]
[(b) A scientific breeder's permit is valid only during the
yearly period for which the permit is issued without regard to the
date on which the permit is acquired. Each yearly period begins on
September 1 or on another date set by the commission and extends
through August 31 of the next year or another date set by the
commission.]
[(c) The fee for a scientific breeder's permit is $50 or an
amount set by the commission, whichever amount is more.]
Sec. 43.356. SERIAL NUMBER. (a) The department shall
issue a serial number to the applicant at the time of the first
issuance of a deer [scientific] breeder's permit to the applicant.
The same serial number shall be assigned to the permittee whenever
he or she holds a deer [scientific] breeder's permit.
(b) The deer [scientific] breeder shall place a durable
suitable permanentidentification tag [bearing the scientific
breeder's serial number] on or implanted in [the ear of] each
[white-tailed deer or mule] deer possessed by the deer [scientific]
breeder [and shall place on the white-tailed deer or mule deer any
other identification marking prescribed by the commission].
Sec. 43.357. PERMIT PRIVILEGES; REGULATIONS. (a) The
holder of a valid deer [scientific] breeder's permit may:
(1) engage in the business of breeding [white-tailed]
deer in the immediate locality for which the license was issued; and
(2) sell, transfer to another person or hold in
captivity live [white-tailed deer or mule] deer for the purpose of
liberation, propagation or sale.
(3) A deer breeder, deer breeder's authorized agent or
un-permitted assistant acting under the direction of the deer
breeder or authorized agent may capture a deer held in a permitted
facility for:
(A) removal from the enclosure;
(B) veterinary treatment;
(C) tagging;
(D) euthanasia for purposes of humane dispatch or
to conduct testing for reportable diseases as required by law; or
(E) any other purpose required or allowed by
law.
(b) The commission may make regulations governing:
(1) the possession and liberation of [white-tailed
deer and mule] deer held under the authority of this subchapter [for
scientific, management, and propagation purposes; and]
(2) the recapture of lawfully possessed [white-tailed
deer or mule] deer that have escaped from the [a] facility of a deer
[scientific] breeder;
(3) the unique identification of each deer held,
possessed or liberated under a deer breeder's permit;
(4) permit applications and fees;
(5) reporting requirements;
(6) procedures and requirements for the purchase,
transfer, sale, or shipment of deer;
(7) breeder facility endorsement requirements for
certified wildlife biologist;
(8) the number of deer that may be possessed by a deer
breeder; and
(9) the validity dates of a permit.
Sec. 43.359. REPORTS. (a) A deer [scientific] breeder
shall maintain an accurate and legible record of [white tailed deer
and mule] all deer acquired, purchased, propagated, sold,
transferred, liberated or disposed of and any other information
required by the department that reasonably relates to the
regulation of deer [scientific] breeders. [The record shall be
maintained on a form provided by the department.]
(b) A deer [scientific] breeder shall report the
information maintained under Subsection (a) to the department as
may be required [in the time and manner required] by rule of the
commission [proclamation].
(c) Upon the request of a game warden acting within the
scope of official duties, a deer breeder shall make available to the
employee any information required to be maintained by this
subchapter or by a rule of the commission.
Sec. 43.360. ENCLOSURE SIZE. A single enclosure for
white-tailed deer or mule deer may not contain more than 100 [320]
acres.
Sec. 43.361. SHIPMENT OF WHITE-TAILED DEER. [(a) A common
carrier may not accept a live white-tailed deer or mule deer unless
the shipment is made by a holder of a scientific breeder's permit or
by a person holding a permit under Subchapter C of Chapter 43 of
this code.]
[(b)] No person, except a deer [scientific] breeder, the
deer breeder's [his] authorized agent, a deer breeder assisting
another deer breeder, or a person holding a permit under Subchapter
C of Chapter 43 of this code, may transport or ship a live
[white-tailed deer or mule] deer unless the person [he] obtains a
transport permit [for shipment or transportation] from the
department.
Sec. 43.362. PURCHASE, [AND] SALE OR TRANSFER OF LIVE
[WHITE-TAILED DEER AND MULE] DEER. (a) Only [white-tailed deer
and mule] deer that are in a healthy condition may be sold,
bartered, [or] exchanged or transferred or offered for sale,
barter, or exchange, by a deer [scientific] breeder.
(b) Except as provided by Subchapter C, Chapter 43 or by
commission rule under this subchapter, no person may purchase,
obtain, receive, sell, transfer or accept in this state a live
[white-tailed deer or mule] deer unless the person obtains a
purchase permit [for purchasing] from the department and[:
(1)] the [white-tailed deer or mule] deer is properly
marked as required by this subchapter or rule of the commission
[Section 43.356(b) of this code][; or
(2) the white-tailed deer or mule deer is delivered by
a common carrier from outside this state].
[(c) No person may release into the wild a white-tailed deer
or mule deer unless all visible markings required by Section
43.356(b) have been removed.]
Sec. 43.363. TRANSFER [SALE] DURING OPEN SEASON.
(a) During an open hunting season for [taking the white-tailed
deer or mule] deer or during the 10-day period immediately
preceding [a period of 10 days before] an open hunting season, no
person in this state may liberate a deer or sell, transfer, ship, or
transport a deer for the purpose of liberation [scientific breeder
may release into the wild or sell or ship to a person other than a
person holding a scientific breeder's permit, a white-tailed deer
or mule deer and no person in this state, other than a scientific
breeder, may purchase from a scientific breeder in this state a
white-tailed deer or mule deer] unless the person [scientific
breeder]:
(1) has removed [immediately above the pedicel] the
antlers of the [a male white-tailed deer or mule] deer between the
G-3 tine (as defined by the Boone and Crockett Club) and the pedicel
on each antler main beam [to be sold or shipped]; and
(2) has followed any procedures prescribed by a rule
of the commission for the lawful conduct of activities under this
subchapter [given written notice of the sale to the department].
[(b) The commission shall make regulations governing notice
and approval of the sale or shipment of white-tailed deer and mule
deer under this section.]
Sec. 43.364. USE OF [PURCHASED WHITE-TAILED DEER AND MULE]
DEER. Deer [White-tailed deer and mule deer] may be purchased,
sold, transferred, or received in this state only for the purpose of
liberation or [for stocking purposes or holding for] propagation
[purposes]. All [white-tailed deer or mule] deer and increase from
[the white-tailed deer or mule] deer are under the full force of the
laws of this state pertaining to [white-tailed deer and mule] deer,
and those deer may be held in captivity for propagation in this
state only after a deer [scientific] breeder's permit is issued by
the department under this subchapter.
Sec. 43.365. PROHIBITED ACTS. (a) It is an offense if a
deer [scientific] breeder or other person:
(1) takes, traps, or captures or attempts to take,
trap, or capture [white-tailed deer or mule] deer from the wild;
(2) allows the hunting or killing of a [white-tailed
deer or mule] deer held in captivity under the provisions of this
subchapter, except as provided by this subchapter or rule of the
commission; or
(3) sells, arranges the sale, purchases, or receives
or attempts to sell or arrange the sale, purchases or receives a
live deer in violation of this code or a rule of the commission
adopted under this subchapter.
(b) [(3)] It is an offense if a deer breeder fails to furnish
to a game warden commissioned by the department records required to
be maintained under Section 43.359(a).
Sec. 43.366. APPLICATION OF GENERAL LAWS. In order that
native species may be preserved, [white-tailed deer and mule] deer
held under a deer [scientific] breeder's permit are subject to all
laws and regulations of this state pertaining to [white-tailed deer
or mule] deer except as specifically provided in this subchapter.
However, it is specifically provided that this subchapter may not
be construed to restrict or prohibit the use of high fences.
Sec. 43.367. PENALTY. (a) Except as provided in
Subsection (b) of this section, a [A] person who violates a
provision of this subchapter, the conditions of a permit, or a
regulation of the commission issued under this subchapter or who
fails to file a full and complete report as required by Section
43.359 of this code commits an offense that is a Class C Parks and
Wildlife Code misdemeanor.
(b) A person who violates Section 43.365(a)(2) of this code
commits an offense that is a Class A Parks and Wildlife Code
misdemeanor.
SECTION 2. This Act takes effect September 1, 2005.
SECTION 3. The importance of this legislation and the
crowded condition of the calendars in both houses creates an
emergency and an imperative public necessity that the
constitutional rule requiring bills to read on three several days
in each house be suspended, and this rule is hereby suspended.