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A BILL TO BE ENTITLED
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AN ACT
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relating to creating an offense for the trapping of wild deer by a |
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deer breeder and to the civil and criminal consequences of engaging |
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in certain conduct associated with deer breeding; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.365, Parks and Wildlife Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) It is an offense if a deer breeder traps wild deer in |
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this state to breed, sell, or transfer. |
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SECTION 2. Section 43.367, Parks and Wildlife Code, is |
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amended by amending Subsection (b) and adding Subsections (c), (d), |
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and (e) to read as follows: |
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(b) A person who violates Section 43.365 [43.365(a)(1)] |
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commits an offense that is a Class A Parks and Wildlife Code |
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misdemeanor. |
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(c) A person holding a permit issued under this subchapter |
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is responsible and may be prosecuted for a Class A Parks and |
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Wildlife Code misdemeanor if an authorized agent or employee of the |
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person violates this subchapter on land belonging to the person. |
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(d) On a third or subsequent violation of Section 43.365 by |
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a person who holds a permit issued under this subchapter, the |
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department shall: |
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(1) revoke all permits held by the person that are |
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issued: |
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(A) under this subchapter; or |
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(B) by the department and listed under Section |
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43.357(d); |
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(2) file a deed restriction that prohibits deer |
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breeding on the property owned by the person where the violation |
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occurred; and |
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(3) confiscate, in accordance with Section 43.368, any |
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deer held in captivity by the person. |
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(e) A deed restriction filed under Subsection (d) expires on |
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the fifth anniversary of the date on which the deed restriction was |
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filed and must include a statement to that effect. The deed |
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restriction shall be filed in the office where real property |
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records are kept for the county in which the property is located. |
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SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Section 43.368 to read as follows: |
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Sec. 43.368. DISPOSITION OF DEER HELD IN CAPTIVITY; RULES. |
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(a) The commission shall adopt rules for the euthanasia of a deer |
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that: |
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(1) is being held in captivity by a person whose permit |
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under this subchapter is revoked; and |
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(2) does not have the identification required by |
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Section 43.3561. |
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(b) A deer shall be considered confiscated game for |
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disposition under Section 12.110 if the deer: |
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(1) is being held in captivity by a person whose permit |
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under this subchapter is revoked; and |
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(2) has the identification required by Section |
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43.3561. |
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SECTION 4. The changes in the law made by this Act apply |
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only to an offense committed on or after the effective date of this |
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Act. For the purpose of this subsection, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before that date. An offense committed before the effective |
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date of this Act is covered by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |