82R18510 SLB-F
 
  By: Phillips H.B. No. 535
 
  Substitute the following for H.B. No. 535:
 
  By:  Elkins C.S.H.B. No. 535
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to allowing a deer breeder to transfer and sell for
  processing as venison certain breeder deer.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 43.357(a) and (b), Parks and Wildlife
  Code, are amended to read as follows:
         (a)  The holder of a valid deer breeder's permit may:
               (1)  engage in the business of breeding breeder deer in
  the immediate locality for which the permit was issued; [and]
               (2)  sell, transfer to another person, or hold in
  captivity live breeder deer for the purpose of propagation or sale;
  and
               (3)  transfer and sell live breeder deer not needed for
  propagation for the purpose of processing and sale as venison.
         (b)  The commission may make regulations governing:
               (1)  the possession of breeder deer held under the
  authority of this subchapter;
               (2)  the recapture of lawfully possessed breeder deer
  that have escaped from the facility of a deer breeder;
               (3)  permit applications and fees;
               (4)  reporting requirements;
               (5)  procedures and requirements for the purchase,
  transfer, sale, or shipment of breeder deer;
               (6)  the endorsement of a deer breeder facility by a
  certified wildlife biologist;
               (7)  the number of breeder deer that a deer breeder may
  possess; [and]
               (8)  the dates for which a deer breeder permit is valid;
  and
               (9)  procedures for the identification, transfer, and
  sale of live breeder deer not needed for propagation for the purpose
  of processing and sale as venison.
         SECTION 2.  Section 43.364, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 43.364.  USE OF BREEDER DEER. (a) Except as provided by
  Subsection (b), breeder [Breeder] deer may be purchased, sold,
  transferred, or received in this state only for the purposes of
  liberation or holding for propagation.  All breeder deer and
  increase from breeder deer are under the full force of the laws of
  this state pertaining to deer, and those breeder deer may be held in
  captivity for propagation in this state only after a deer breeder's
  permit is issued by the department under this subchapter.
         (b)  Live breeder deer not needed for propagation may be
  transferred, processed, and sold as venison only in accordance with
  Section 43.357 and either:
               (1)  Chapter 433, Health and Safety Code, and rules
  adopted under that chapter; or
               (2)  9 C.F.R. Part 352, as authorized by the federal
  Agricultural Marketing Act of 1946 (7 U.S.C. Section 1621 et seq.).
         SECTION 3.  Section 433.003(5), Health and Safety Code, is
  amended to read as follows:
               (5)  "Exotic animal" means:
                     (A)  a member of a species of game not indigenous
  to this state, including an axis deer, nilga antelope, red sheep, or
  other cloven-hooved ruminant animal; or
                     (B)  a breeder deer as defined by Section 43.351,
  Parks and Wildlife Code, that the Parks and Wildlife Department has
  identified for the purpose of processing and sale as venison.
         SECTION 4.  This Act takes effect September 1, 2011.