This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                



By:  Harris                                                       S.B. No. 1765


A BILL TO BE ENTITLED

AN ACT

relating to certain programs and permits administered by the Texas 
Department of Parks and Wildlife.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 43.353, Parks and Wildlife Code, is 
amended to read as follows:
	Sec. 43.353.  PERMIT IS DEFENSE.  In any prosecution for the 
unlawful possession or transportation of white-tailed deer or mule 
deer, the possession of a permit issued under this subchapter to the 
accused is a complete defense if the conduct was authorized under 
the terms of the permit a person does not commit an offense unless 
the person intentionally, knowingly, or with criminal negligence 
engages in conduct that violates the terms of the permit.
	SECTION 2.  Section 43.355, Parks and Wildlife Code, is 
amended to read as follows:
	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 or 
another person permitted under this subchapter.
	(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] legislature 
and extends through August 31 of the next year or another date set 
by the [commission] legislature.
	(c)  The fee for a scientific breeder's permit is $50 or an 
amount set by the [commission] legislature, whichever amount is 
more.
	SECTION 3.  Section 43.356, Parks and Wildlife Code, is 
amended to read as follows:
	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 scientific breeder's permit to the applicant.  The 
same serial number shall be assigned to the permittee whenever he 
holds a scientific breeder's permit.
	(b)  The scientific breeder shall place a suitable permanent 
tag or identification microchip implant bearing the scientific 
breeder's serial number on the ear or in the body of each 
white-tailed deer or mule deer possessed by the scientific breeder 
and shall place on the white-tailed deer or mule deer any other 
identification marking prescribed by the commission.
	SECTION 4.  Section 43.357, Parks and Wildlife Code, is 
amended to read as follows:
	Sec. 43.357.  PERMIT PRIVILEGES; REGULATIONS.  (a)  The 
holder of a valid 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 or hold in captivity white-tailed deer or 
mule deer for the purpose of propagation or sale.
	(b)  The commission may make regulations governing:                            
		(1)  the possession of white-tailed deer and mule deer 
for scientific, management, and propagation purposes; and
		(2)  the recapture of lawfully possessed white-tailed 
deer or mule deer that have escaped from a facility of a scientific 
breeder.
	SECTION 5.  Section 43.358, Parks and Wildlife Code, is 
amended to read as follows:
	Sec. 43.358.  INSPECTION.  An authorized employee of the 
department may inspect [at any time and without warrant] with the 
consent of the holder of a valid scientific breeder's permit:
		(1)  any pen, coop, or enclosure holding white-tailed 
deer or mule deer; or 
		(2)  any records required to be maintained under 
Section 43.359(a).         
	SECTION 6.  Section 43.359, Parks and Wildlife Code, is 
amended to read as follows:
	Sec. 43.359.  REPORTS.  (a)  A scientific breeder shall 
maintain an accurate record of white-tailed deer and mule deer 
acquired, purchased, propagated, sold, or disposed of and any other 
information required by the department that reasonably relates to 
the regulation of scientific breeders. The record shall be 
maintained on a form provided by the department.
	(b)  A scientific breeder shall report the information 
maintained under Subsection (a) to the department annually unless a 
request is made by the department under Section 43.358.
	SECTION 7.  Section 43.365, Parks and Wildlife Code, is 
amended to read as follows:
	Sec. 43.365.  PROHIBITED ACTS.  It is an offense if a 
scientific breeder:    
		(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; or
		(3)  fails to furnish in a reasonable time or manner to 
a game warden commissioned by the department records required to be 
maintained under Section 43.359(a).
	SECTION 8.  Section 43.367, Parks and Wildlife Code, is 
amended to read as follows:
	Sec. 43.367.  PENALTY.  A person who knowingly 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 or any other permit or document required by this 
department under this subchapter commits an offense that is a Class 
C Parks and Wildlife Code misdemeanor.
	SECTION 9.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.