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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. Subdivision (5), Section 43.351, Parks and |
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Wildlife Code, is amended to read as follows: |
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(5) "Durable identification tag" means a single tag |
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that is not easily dislodged or removed, is [and] made of a material |
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that is not likely to disintegrate or decompose, and bears an |
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alphanumeric identifier approved by the department that is unique |
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to the breeder deer to which it is attached or implanted. The term |
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includes a department-approved external tag, microchip implant, or |
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other identification device that meets the requirements of this |
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definition. [The term includes, but is not limited to, newly
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developed technologies, including radio frequency identification
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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) affixing to the deer an external durable |
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identification tag that is reasonably visible; |
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(2) implanting a durable identification tag that is a |
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microchip; or |
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(3) affixing or implanting, as appropriate, any other |
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department-approved durable identification tag [placing on each
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breeder deer possessed by the deer breeder a single, reasonably
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visible, durable identification tag bearing an alphanumeric number
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of not more than four characters assigned by the department to the
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breeding facility in which the breeder deer was born and unique to
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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 other department-approved identification device. |
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SECTION 3. Subsection (b), Section 43.357, Parks and |
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Wildlife Code, is 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 section. |
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SECTION 4. This Act takes effect September 1, 2011. |