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A BILL TO BE ENTITLED
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AN ACT
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relating to the identification of breeder deer by microchips. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.351(5), Parks and Wildlife Code, is |
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amended to read as follows: |
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(5) "Durable identification tag" means a single tag |
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described by Section 43.3562 that is used to identify a breeder deer |
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[not easily dislodged or removed and made of a material that is not
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likely to disintegrate or decompose.
The term includes, but is not
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limited to, newly developed technologies, including radio
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frequency identification tags]. |
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SECTION 2. Section 43.3561, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.3561. IDENTIFICATION OF BREEDER DEER. (a) Not |
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later than March 31 of the year following the year in which a [the] |
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breeder deer is born, the [a] breeder deer [held in a permitted deer
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breeding facility] must be identified by: |
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(1) attaching to the deer an external durable |
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identification tag that is reasonably visible; |
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(2) implanting under the deer's skin a durable |
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identification tag that is a microchip; or |
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(3) attaching or implanting a department-approved |
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durable identification tag other than a tag described by |
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Subdivision (1) or (2) [placing on each breeder deer possessed by
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the deer breeder a single, reasonably visible, durable
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identification tag bearing an alphanumeric number of not more than
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four characters assigned by the department to the breeding facility
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in which the breeder deer was born and unique to that breeder deer]. |
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(b) A deer breeder is not required to remove the durable |
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identification tag for any purpose but may remove the tag and |
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replace the tag immediately to meet the requirements of this |
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section. |
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(c) Except as provided by Subsection (e), a [(b) A] person |
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may not remove or knowingly permit the removal of a breeder deer |
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held in a facility by a permittee under this subchapter unless the |
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breeder deer has been permanently and legibly tattooed in one ear |
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with the unique alphanumeric identifier approved by the department |
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[identification number assigned to the breeder in lawful possession
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of the breeder deer and specific to the breeding facility in which
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the breeder deer was born or initially introduced if from an
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out-of-state source]. |
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(d) Except as provided by Subsection (e), a [(c) A] person |
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may not knowingly accept or permit the acceptance of a breeder deer |
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into a facility regulated under this subchapter unless the breeder |
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deer has been permanently and legibly tattooed in one ear with the |
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unique alphanumeric identifier approved by the department |
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[identification number assigned to the breeder in lawful possession
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of the breeder deer and specific to the facility in which the
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breeder deer was born or initially introduced if from an
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out-of-state source]. |
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(e) Instead of using a tattoo to identify a breeder deer |
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under Subsection (c) or (d), a deer breeder may identify a deer by |
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using a department-approved microchip implanted under the deer's |
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skin or another department-approved identification device. |
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SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Section 43.3562 to read as follows: |
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Sec. 43.3562. DURABLE IDENTIFICATION TAG. (a) A durable |
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identification tag may be any department-approved external tag, |
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microchip implant, or other identification device that meets the |
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requirements of this section. |
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(b) A durable identification tag must bear an alphanumeric |
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identifier approved by the department and unique to the breeder |
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deer to which it is attached or in which it is implanted. |
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(c) A durable identification tag must be not easily |
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dislodged or removed and made of a material not likely to |
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disintegrate or decompose. |
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SECTION 4. Section 43.357(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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(b) The commission may make regulations governing: |
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(1) the possession of breeder deer held under the |
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authority of this subchapter; |
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(2) the recapture of lawfully possessed breeder deer |
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that have escaped from the facility of a deer breeder; |
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(3) permit applications and fees; |
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(4) reporting requirements; |
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(5) procedures and requirements for the purchase, |
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transfer, sale, or shipment of breeder deer; |
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(6) the endorsement of a deer breeder facility by a |
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certified wildlife biologist; |
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(7) the number of breeder deer that a deer breeder may |
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possess; [and] |
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(8) the dates for which a deer breeder permit is valid; |
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and |
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(9) the use of durable identification tags for |
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identifying breeder deer under this subchapter. |
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SECTION 5. This Act takes effect September 1, 2011. |