80R5686 ABC-F

By: Brimer S.B. No. 574

A BILL TO BE ENTITLED

AN ACT

relating to deer breeding operations; providing a penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subchapter L, Chapter 43, Parks and Wildlife Code, is amended to read as follows:

SUBCHAPTER L. DEER [SCIENTIFIC] BREEDER'S PERMIT

SECTION 2. Subchapter L, Chapter 43, Parks and Wildlife Code, is amended by amending Sections 43.351, 43.352, 43.356, 43.357, and 43.359 through 43.367 and adding Sections 43.3562 and 43.368 to read as follows:

Sec. 43.351. DEFINITIONS. In this subchapter:

(1) "Deer [Scientific] breeder" means a person holding a valid deer [scientific] breeder's permit.

(2) "Captivity" means the keeping of a deer [an animal] in an enclosure suitable for and capable of retaining the deer [animal] it is designed to retain at all times under reasonable and ordinary circumstances and to prevent entry by another deer [animal]. The term includes the temporary keeping of a deer in a vehicle or trailer.

(3) "Deer" means a white-tailed deer or mule deer.

(4) "Durable identification tag" means a single tag not easily dislodged or removed and made of a material that is not likely to disintegrate or decompose. The term includes, but is not limited to, newly developed technologies, including radio frequency identification tags.

(5) "Immediate locality" means land that is contiguous and that is owned by the same person. For purposes of this subdivision, land divided or separated only by a public road or a public waterway is contiguous.

Sec. 43.352. PERMIT AUTHORIZED; DURATION OF PERMIT. (a) The department shall issue a permit to a qualified person to possess live [white-tailed] deer in captivity [or mule deer for propagation, management, and scientific purposes].

(b) The department shall issue a permit under this section that is valid for longer than one year.

Sec. 43.356. SERIAL NUMBER; IDENTIFICATION OF DEER. (a) The department shall issue a serial number to a permittee when the department issues the permittee a deer breeder's permit [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 if the department issues the permittee a subsequent deer [whenever he holds a scientific] breeder's permit.

(b) The deer [scientific] breeder shall as soon as practicable place on each of the breeder's deer a single, reasonably visible, durable identification [a suitable permanent] tag bearing an alphanumeric number of not more than four characters assigned by the department and unique to that deer. A deer breeder is not required to remove the tag for any purpose but may remove the tag [bearing the scientific breeder's serial number on the ear 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].

Sec. 43.3562. DEER RELEASED FROM AND ACCEPTED INTO FACILITY. (a) A person may not remove or knowingly permit the removal of a deer held in a facility by a permittee under this subchapter unless the deer has been permanently and legibly tagged in one ear with the unique identification number assigned to the breeder when the deer was born or lawfully obtained from an out-of-state source.

(b) Except for a breeder under Section 43.356(b) who initially tags a deer, a person may not knowingly accept or permit the acceptance of a deer into a facility regulated under this subchapter unless the deer has been permanently and legibly tagged in one ear with the unique identification number assigned when the deer was born or lawfully obtained from an out-of-state source.

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 permit [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 propagation or sale.

(a-1) A deer breeder, a deer breeder's authorized agent, or an assistant who is not a permittee under this subchapter but is acting under the direction of a deer breeder or a deer breeder's authorized agent may capture a deer held in a permitted facility for:

(1) removal from an enclosure;

(2) veterinary treatment;

(3) tagging;

(4) euthanasia for the purpose of:

(A) humane dispatch of the deer; or

(B) the conduct of a test for a reportable disease as required by law; or

(5) any other purpose required or allowed by law.

(b) The commission may make regulations not inconsistent with this subchapter to govern [governing]:

(1) the possession of [white-tailed] deer held under the authority of this subchapter [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 the [a] facility of a deer [scientific] breeder;

(3) permit applications and fees;

(4) reporting requirements;

(5) procedures and requirements for the purchase, transfer, sale, or shipment of deer;

(6) the endorsement of a breeder facility by a certified wildlife biologist;

(7) the number of deer that a deer breeder may possess; and

(8) the dates for which a deer breeder permit is valid.

(c) A person who holds a permit under this subchapter is not required to have the habitat conditions at the release site inspected before the release of a deer from a breeding facility unless an inspection is required under the terms of another permit issued to the person by the department.

Sec. 43.359. RECORDS AND REPORTS. (a) A deer [scientific] breeder shall maintain an accurate and legible record of all [white-tailed] deer [and mule deer] acquired, purchased, propagated, sold, transferred, 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 the [in the time and manner required by] commission by rule not inconsistent with this subchapter may require [proclamation].

(c) On the request of a game warden acting within the scope of the game warden's authority, a deer breeder shall make any information required under this subchapter for the current reporting year available to:

(1) the game warden; or

(2) another department employee specified by the game warden.

Sec. 43.360. ENCLOSURE SIZE. A single enclosure for [white-tailed deer or mule] deer may not contain more than 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 transfer permit [for shipment or transportation] from the department.

Sec. 43.362. TRANSFER, PURCHASE, OR [AND] SALE 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 offered for sale, barter, or exchange, by a scientific breeder.

[(b)] Except as provided by Subchapter C or by a rule adopted by the commission under and not inconsistent with this subchapter, [Chapter 43,] no person may purchase, obtain, sell, transfer, or accept in this state a live [white-tailed] deer [or mule deer] unless the person obtains a transfer permit [for purchasing] from the department [and:

[(1) the white-tailed deer or mule deer is properly marked as required by 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 [a] period immediately preceding [of 10 days before] an open hunting season, [no 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 sell, transfer, ship, or transport a [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 between the G-3 tine, as defined by the Boone and Crockett Club, and the pedicel on each antler main beam [or mule deer to be sold or shipped]; and

(2) has followed any procedure prescribed by rule of the commission not inconsistent with this subchapter for the lawful conduct of activities under this subchapter [given written notice of the sale to the department].

(b) Subsection (a) does not apply to a sale, transfer, shipment, or transport:

(1) to another deer breeder; or

(2) to a person holding a deer management permit.

(c) [(b)] The commission shall adopt rules not inconsistent with this subchapter [make regulations] governing a transfer permit [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 purposes [purpose] of liberation [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 another person:

(1) takes, traps, or captures [or attempts to take, trap, or capture white-tailed] deer [or mule deer] from the wild for possession or holding;

(2) allows the hunting or killing of a [white-tailed] deer [or mule deer] held in captivity in a facility permitted under [the provisions of] this subchapter, except as provided by this subchapter or a rule adopted by the commission under and not inconsistent with this subchapter; or

(3) knowingly sells, arranges the sale of, purchases, transfers, receives, or attempts to sell, arrange the sale of, purchase, transfer, or receive a live deer in violation of this subchapter or a rule adopted by the commission under and not inconsistent with this subchapter.

(b) It is an offense if a deer breeder fails to furnish to a game warden commissioned by the department or other department employee specified by the game warden records for the current reporting year required to be maintained under Section 43.359(a).

Sec. 43.366. APPLICATION OF OTHER [GENERAL] LAWS. (a) 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.

(b) This [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 person who violates a provision of this subchapter[, the conditions of a permit,] or a regulation of the commission issued under and not inconsistent with 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.

Sec. 43.368. DEER BREEDER USER GROUP. (a) The deer breeder user group is composed of nine members.

(b) Each member of the user group must hold a deer breeder's permit under this chapter. Members are appointed as follows:

(1) three members appointed by the governor;

(2) three members appointed by the lieutenant governor; and

(3) three members appointed by the speaker of the house of representatives.

(c) The user group may hold hearings and receive public testimony at those hearings.

(d) The user group shall:

(1) analyze testimony received at hearings;

(2) based on that analysis, recommend to the commission strategies for deer breeding that enhance:

(A) the health, safety, habitat, and environment of deer;

(B) the regulation of deer by the department; and

(C) the identification, possession, dispatch, release, transfer, transport, sale, purchase, shipment, holding, and breeding of deer;

(3) develop and recommend to the commission deer breeding guidelines that are consistent with this subchapter;

(4) review proposed legislation that affects deer breeding;

(5) review budget issues and establish budget priorities pertaining to deer breeding;

(6) review state statutes and department rules pertaining to deer breeding;

(7) review all agency rulemaking authority pertaining to deer breeding; and

(8) develop recommendations and suggest changes to the commission based on the reviews conducted under Subdivisions (4) through (7).

(e) Members of the user group serve three-year terms. If a vacancy occurs in the user group, the person who appointed the vacating member shall appoint a replacement member for the unexpired term. The replacement must be qualified to serve as a member of the user group.

(f) The user group may adopt rules as necessary to carry out the group's duties under this section.

(g) The user group reports to the commission.

(h) Department employees shall provide staff services for the user group.

(i) Section 2110.002, Government Code, does not apply to the user group.

SECTION 3. Sections 43.354 and 43.355, Parks and Wildlife Code, are repealed.

SECTION 4. Not later than January 1, 2008, the governor, the lieutenant governor, and the speaker of the house of representatives shall each appoint three members to the deer breeder user group established under Section 43.368, Parks and Wildlife Code, as added by this Act.

SECTION 5. (a) Section 43.356(b), Parks and Wildlife Code, as amended by this Act, takes effect January 1, 2008, and applies only to deer born to or acquired by a deer breeder after December 31, 2007.

(b) Except as provided by Subsection (c) of this section, a deer born or acquired on or before December 31, 2007, is covered by the law in effect when the deer is born or acquired, and the former law is continued in effect for that purpose.

(c) The former requirement under Section 43.362(c), Parks and Wildlife Code, before amendment by this Act, to remove all markings required under Section 43.356(b) of that code before releasing the marked deer into the wild may not be enforced by the department after the effective date of this Act.

SECTION 6. This Act takes effect September 1, 2007.