81R27149 SLB-F

By: Homer H.B. No. 4214

Substitute the following for H.B. No. 4214:

By: Kleinschmidt C.S.H.B. No. 4214

A BILL TO BE ENTITLED

AN ACT

relating to the business of taxidermy; providing penalties.

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

SECTION 1. Title 5, Parks and Wildlife Code, is amended by adding Subtitle C-1 to read as follows:

SUBTITLE C-1. TAXIDERMY

CHAPTER 73. TAXIDERMY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 73.001. DEFINITIONS. In this chapter:

(1) "Animal" means any species of wild or exotic animal, including any bird or fish, the taking, possession, or sale of which is regulated by this code or a rule adopted under this code.

(2) "Business" means a for-profit enterprise.

(3) "Exotic animal" has the meaning assigned by Section 62.015.

(4) "Game animal" has the meaning assigned by Section 63.001.

(5) "Game bird" has the meaning assigned by Section 64.001.

(6) "Migratory game bird" has the meaning assigned by Section 64.021.

(7) "Specimen" means all or any part of an animal, including the skin or hide.

(8) "Tanner" means a person who prepares green or untanned hides, capes, or skins.

(9) "Taxidermist" means a person who is engaged in the business of taxidermy.

(10) "Taxidermist employee" means a person who is employed by a taxidermist, performs taxidermy under the direction of another taxidermist, and does not perform taxidermy for the public.

(11) "Taxidermy" means the art of preparing the skin, feathers, or other parts of an animal in a preserved state, often for display, including:

(A) tanning the hides, capes, or skins; or

(B) mounting the preserved parts of a specimen, including the skull, antlers, or horns.

Sec. 73.002. PERMIT REQUIRED; EXCEPTIONS. (a) Except as provided by Subsection (c), a person, including a tanner, may not engage in the business of taxidermy unless the person has a taxidermy permit issued by the department.

(b) A taxidermist shall prominently display the taxidermy permit in the place where the taxidermist performs taxidermy.

(c) A taxidermy permit is not required for:

(1) a taxidermist employee if the taxidermist supervises the employee's work; or

(2) a tanner performing work for a taxidermist.

Sec. 73.003. ISSUANCE OF PERMIT; EXPIRATION; FEES. (a) The department shall issue a taxidermy permit to a person who submits a completed application as prescribed by the department subject to conditions set by the commission.

(b) A taxidermy permit is valid from September 1 or another date set by the commission, through August 31 of the next year or another date set by the commission.

(c) The fee for a taxidermy permit is $50, or an amount set by the commission, whichever amount is greater.

(d) Fees collected under this section shall be deposited to the credit of the game, fish, and water safety account.

[Sections 73.004-73.020 reserved for expansion]

SUBCHAPTER B. PRIVILEGES AND DUTIES OF PERMIT HOLDER

Sec. 73.021. RECORDS REQUIRED. (a) A taxidermy permit holder shall maintain an accurate book or electronic record containing:

(1) the date a specimen is received by the permit holder;

(2) for each specimen, the specimen type;

(3) the name, address, and hunting or fishing license number of each person who killed or caught a specimen received by the permit holder; and

(4) the name and address of the person who delivered the specimen to the permit holder, if that person is not the person who killed or caught the specimen.

(b) If a portion of the specimen is given to a taxidermist employee or a tanner to perform work for the permit holder, the taxidermist employee or tanner shall maintain a record of the taxidermy permit number of the supervising permit holder and a work order number for the specimen.

(c) Each taxidermy record book or electronic record must be kept on the premises of the business and may be inspected by an authorized employee of the department during business hours or at any other reasonable time.

(d) The permit holder shall maintain records required by this chapter until the first anniversary of the date of the last entry in the record book or electronic record.

(e) A record book maintained under Section 62.029(b) meets the requirements of this section.

Sec. 73.022. SALE OF UNCLAIMED SPECIMENS. (a) Except as provided by this section, if the owner of a lawfully taken specimen that has been mounted or tanned has not claimed the specimen on or before the 60th day after the date of receiving notification that the taxidermy or tanning is complete, the taxidermist may sell the specimen.

(b) Notification under this section must be by registered or certified mail.

(c) The taxidermy permit holder shall maintain records as required by Section 73.021 for a specimen sold under Subsection (a).

(d) Any person may sell, offer for sale, purchase, offer to purchase, or possess after purchase the following inedible parts of a specimen lawfully taken or possessed:

(1) an inedible part, including the feathers, bones, or feet, of a game bird other than a migratory game bird;

(2) the hair, hide, antlers, bones, horns, skull, hooves, or sinew, as applicable, of a deer, pronghorn antelope, desert bighorn sheep, collared peccary or javelina, red squirrel, or gray squirrel; or

(3) the feathers of a migratory game bird in accordance with federal law.

(e) A taxidermy permit holder may not sell an unclaimed specimen of a migratory game bird or bird that is not a game bird.

(f) Section 62.021 does not apply to a sale under this section.

[Sections 73.023-73.040 reserved for expansion]

SUBCHAPTER C. ENFORCEMENT

Sec. 73.041. PENALTY. (a) A person commits an offense if the person violates any provision of this chapter or a rule adopted under this chapter.

(b) Except as provided by Subsection (c), an offense under this chapter is a Class C Parks and Wildlife Code misdemeanor.

(c) If it is shown at the trial of the defendant for a violation of this chapter or a rule adopted under this chapter that the defendant has been convicted two or more times before the trial date of a violation of this chapter, other than a violation of Section 73.021, or a rule adopted under this chapter, the offense is a Class B Parks and Wildlife Code misdemeanor.

SECTION 2. Effective June 1, 2010, Section 62.023, Parks and Wildlife Code, is repealed.

SECTION 3. The Parks and Wildlife Commission shall adopt rules and procedures, including any fees or forms related to a taxidermy permit, required to implement Chapter 73, Parks and Wildlife Code, as added by this Act, not later than April 1, 2010.

SECTION 4. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2009.

(b) Sections 73.002 and 73.041, Parks and Wildlife Code, as added by this Act, take effect June 1, 2010.