82R1036 SLB-D

By: Phillips H.B. No. 535

A BILL TO BE ENTITLED

AN ACT

relating to allowing a deer breeder to process as venison or 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) process and sell as venison or sell for processing and sale as venison any breeder deer not needed for propagation.

(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 processing and sale as venison or sale for processing as venison of breeder deer not needed for propagation, including procedures for determining whether a breeder deer is not needed for propagation.

SECTION 2. Section 43.362(b), Parks and Wildlife Code, is amended to read as follows:

(b) Except as provided by Subchapter C or by a rule adopted by the commission under this subchapter, no person may purchase, obtain, sell, transfer, or accept in this state a live breeder deer unless the person obtains a transfer permit from the department. This subsection does not apply to a breeder deer not needed for propagation that is sold for processing as venison in accordance with Section 43.357.

SECTION 3. 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 processed as venison or sold to be processed as venison in accordance with Section 43.357.

SECTION 4. This Act takes effect September 1, 2011.