BILL ANALYSIS

C.S.H.B. 840

By: Guillen

Culture, Recreation & Tourism

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Current law requires breeder deer to have unique identifying numbers for disease-tracking purposes and requires breeder deer held in a permitted facility to be identified by a durable identification tag, although the deer cannot be moved from the facility unless the deer have been permanently tattooed in one ear with the assigned identification number. Such a tag includes, but is not limited to, newly developed technologies, including radio frequency tags.

Interested parties contend that the law does not do enough to clarify that the newly developed technologies can be used in place of or in addition to other prescribed identification requirements. The parties assert that implantable microchips are an accepted, reliable, and viable veterinarian tool for animal identification and have numerous advantages over ear tagging and tattooing. Ear tags can fall off, be torn off, or be chewed on by other deer, resulting in permanent disfigurement and frequent ear infections, and tattoos can be applied improperly or become unreadable and also can be distorted and marked over to cover illegal activity. The parties maintain that inadvertent mistakes can create serious impediments for accurate identification, herd inventory, and tracking, all of which are critical components of mandated disease monitoring.

The interested parties also note that there is an agreement between the deer breeding industry and the Parks and Wildlife Department (TPWD) that allows for a breeder to remove the durable identification tag from a breeder deer immediately before releasing or transporting a breeder deer to a release site, provided that the tags are in the breeder's possession for purposes of TPWD inspection. C.S.H.B. 840 seeks to codify this practice and to clarify that radio frequency tags or implantable microchips are acceptable options as a secondary form of identification for breeder deer. The bill also seeks to require the Parks and Wildlife Commission to adopt certain rules allowing for proper implementation of these forms of identification.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Parks and Wildlife Commission in SECTIONS 1 and 3 of this bill.

ANALYSIS

C.S.H.B. 840 amends the Parks and Wildlife Code to require the primary form of identification for a breeder deer to be an ear tag that is permanently and legibly marked with a unique identification number. The bill requires the secondary form of identification for a breeder deer to be either an ear tattoo or an electronic identification device, defined to mean an implantable microchip or a radio frequency identification button tag placed in one ear of a breeder deer. The bill establishes deadlines for the identification of a breeder deer by the primary and a secondary form of identification for deer born before April 1, 2014, and for deer born on or after that date.  

C.S.H.B. 840 requires each deer to be assigned a unique identification number and establishes a numbering system for the assignment of such a unique identification number applicable specifically to each of four categories of breeder deer as follows:

· for a breeder deer born before April 1, 2014, with a tattoo as the secondary form of identification, the unique identification number is the four-character unique number assigned by the Parks and Wildlife Department (TPWD) and specific to that deer;

· for a breeder deer born before April 1, 2014, with an electronic identification device as the secondary form of identification, the unique identification number is a 19-digit number consisting of the four-character unique number already assigned to that specific deer and the 15-digit number associated with the electronic identification device;

· for a breeder deer born on or after April 1, 2014, with a tattoo as the secondary form of identification, the unique identification number is an alphanumeric identifier of not more than five characters assigned by TPWD;

· for a breeder deer born on or after April 1, 2014, with an electronic identification device as the secondary form of identification, the unique identification number is the 15-digit number associated with the electronic identification device.

C.S.H.B. 840 requires the primary form of identification for a breeder deer in each of the first three categories of breeder deer to contain the four- or five-character unique number assigned to the specific deer by TPWD and, for a deer in the last category of breeder deer, requires the primary form of identification to contain no more than five digits of the unique identification number contained in the electronic identification device as provided by Parks and Wildlife Commission rule.

C.S.H.B. 840 establishes that a deer breeder is not required to remove the primary form of identification for any purpose but authorizes the deer breeder to remove and replace the primary form of identification immediately to meet the identification requirements. The bill prohibits a deer breeder from removing the secondary form of identification unless it is an electronic identification device that fails or is lost. The bill requires the deer breeder to replace an electronic identification device that fails or is lost and report the replacement of the device to TPWD so that a new unique identification number can be assigned to that specific breeder deer.

C.S.H.B. 840 prohibits a person from removing or knowingly permitting the removal of a breeder deer held in a breeder facility unless the breeder deer possesses a secondary form of identification in compliance with the bill's provisions. The bill prohibits a person from knowingly accepting or permitting the acceptance of a breeder deer into a breeder facility unless the breeder deer possesses such a secondary form of identification. The bill requires a deer breeder who uses an electronic identification device as a secondary form of identification to provide an authorized TPWD employee with a working device capable of reading the electronic identification as needed for inspection purposes. The bill authorizes the primary form of identification to be removed from a breeder deer immediately before the deer is transported to a release site, provided that the person transporting the deer has possession of the ear tag for each deer being transported and provides the ear tag to an authorized TPWD employee on request for inspection purposes.

C.S.H.B. 840 authorizes the Parks and Wildlife Commission to adopt rules to prescribe eligible forms of electronic identification devices to ensure that the identification numbers are unique and conform to appropriate standards and can be integrated into the department's deer breeder database application; to designate appropriate locations for the placement of an implantable microchip; and to prescribe reporting procedures for the replacement of an electronic identification device that fails or is lost.

C.S.H.B. 840 removes statutory provisions relating to the requirement for each breeder deer held in a permitted deer breeding facility to be identified with a durable identification tag bearing a unique alphanumeric number of not more than four characters assigned by TPWD. The bill removes statutory provisions prohibiting a person from removing or knowingly permitting the removal of a breeder deer held in a deer breeding facility, or knowingly accepting or permitting the acceptance of a breeder deer into a deer breeding facility, unless the breeder deer has been permanently and legibly tattooed in one ear with the appropriate unique identification number.

C.S.H.B. 840 requires the Parks and Wildlife Commission, not later than March 1, 2014, to adopt rules as necessary under the bill's provisions relating to the implementation of electronic identification devices. The bill requires TPWD, not later than March 1, 2014, to approve and publish a list of radio frequency identification button tags and microchip implants as authorized for use in identifying breeder deer.

EFFECTIVE DATE

September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 840 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Section 43.351(5), Parks and Wildlife Code, is amended to read as follows: (5)  "Durable identification tag" means a single tag described by Section 43.3561 that is used to identify a breeder deer [not easily dislodged or removed and made of a material that is not likely to disintegrate or decompose].  The term includes[, but is not limited to,] newly developed technologies approved for use by the department, including radio frequency identification tags.	No equivalent provision.
SECTION 2.  Section 43.3561, Parks and Wildlife Code, is amended to read as follows: Sec. 43.3561.  IDENTIFICATION OF BREEDER DEER.  (a)  Not later than March 31 of the year following the year in which the breeder deer is born, a breeder deer held in a permitted deer breeding facility must be identified by placing on each breeder deer possessed by the deer breeder a single, external, reasonably visible, durable identification tag bearing an identification [alphanumeric] number [of not more than four characters assigned by the department to the breeding facility in which the breeder deer was born and] unique to that breeder deer. (b)  The durable identification tag must be designed so that it is not easily dislodged or removed and made of a material that is not likely to disintegrate or decompose.  The durable identification tag may be of any type approved by the department. (See SECTION 2 below.) (c)  A deer breeder is not required to remove the durable identification tag for any purpose but may remove the tag and replace the tag immediately to meet the requirements of this section. (d) [(b)]  A person may not remove or knowingly permit the removal of a breeder deer held in a facility by a permittee under this subchapter unless: (1)  the breeder deer has been permanently and legibly tattooed in one ear with the unique identification number assigned to the breeder in lawful possession of the breeder deer and specific to the breeding facility in which the breeder deer was born or initially introduced if from an out-of-state source; or (2)  the deer breeder has implanted in the deer an implantable microchip as permitted by Section 43.3562(e). (e) [(c)]  A person may not knowingly accept or permit the acceptance of a breeder deer into a facility regulated under this subchapter unless: (1)  the breeder deer has been permanently and legibly tattooed in one ear with the unique identification number assigned to the breeder in lawful possession of the breeder deer and specific to the facility in which the breeder deer was born or initially introduced if from an out-of-state source; or (2)  the deer breeder has implanted in the deer an implantable microchip as permitted by Section 43.3562(e). (See Sec. 43.3562(g) in SECTION 3 of the introduced version.) (See SECTION 4 below.) (See Sec. 43.3562(h) in SECTION 3 of the introduced version.)	SECTION 1.  Section 43.3561, Parks and Wildlife Code, is amended to read as follows: Sec. 43.3561.  IDENTIFICATION OF BREEDER DEER. (a)  In this section: (1)  "Breeder facility" means a facility regulated under this subchapter. (2)  "Ear tag" means a single, reasonably visible, durable identification tag placed in one ear of a breeder deer. (3)  "Electronic identification device" means: (A)  an implantable microchip; or (B)  a radio frequency identification button tag placed in one ear of a breeder deer. (4)  "Tattoo" means a permanent and legible tattoo placed in one ear of a breeder deer. (b)  The primary form of identification for a breeder deer must be an ear tag that is permanently and legibly marked with a unique identification number as provided by this section. (c)  The secondary form of identification for a breeder deer must be: (1)  a tattoo; or (2)  an electronic identification device. (d)  A breeder deer born before April 1, 2014, must be identified by: (1)  the primary form of identification not later than March 31 of the year following the birth of the breeder deer; and (2)  a secondary form of identification before the removal of the breeder deer from a breeder facility. (e)  A breeder deer born on or after April 1, 2014, must be identified with both the primary and a secondary form of identification not later than March 31 of the year following the birth of the breeder deer. (f)  Each breeder deer must be assigned a unique identification number as follows: (1)  for a breeder deer born before April 1, 2014, with a tattoo as the secondary form of identification, the unique identification number is the four-character unique number assigned by the department and specific to that deer; (2)  for a breeder deer born before April 1, 2014, with an electronic identification device as the secondary form of identification, the unique identification number is a 19-digit number consisting of the four-character unique number already assigned to that specific deer and the 15-digit number associated with the electronic identification device; (3)  for a breeder deer born on or after April 1, 2014, with a tattoo as the secondary form of identification, the unique identification number is an alphanumeric identifier of not more than five characters assigned by the department; and (4)  for a breeder deer born on or after April 1, 2014, with an electronic identification device as the secondary form of identification, the unique identification number is the 15-digit number associated with the electronic identification device. (g)  For a breeder deer described by Subsection (f)(1), (2), or (3), the primary form of identification must contain the four- or five-character unique number assigned to that specific deer by the department. (h)  For a breeder deer described by Subsection (f)(4), the primary form of identification must contain no more than five digits of the unique identification number contained in the electronic identification device as provided by rule of the commission. (i)  A deer breeder is not required to remove the primary form of identification for any purpose but may remove and replace the primary form of identification immediately to meet the requirements of this section. (j)  A deer breeder may not remove the secondary form of identification unless it is an electronic identification device that fails or is lost.  The deer breeder shall replace an electronic identification device that fails or is lost and report the replacement of the device to the department so that a new unique identification number can be assigned to that specific breeder deer. (k)  A person may not remove or knowingly permit the removal of a breeder deer held in a breeder facility unless the breeder deer possesses a secondary form of identification described by this section. (l)  A person may not knowingly accept or permit the acceptance of a breeder deer into a breeder facility unless the breeder deer possesses a secondary form of identification described by this section. (m)  A deer breeder who uses an electronic identification device as a secondary form of identification shall provide an authorized employee of the department with a working device capable of reading the electronic identification as needed for inspection purposes under this subchapter. (n)  The primary form of identification described in this section may be removed from a breeder deer immediately before the deer is transported to a release site, provided that the person transporting the deer has possession of the ear tag for each deer being transported and provides the ear tag to an authorized department employee on request for inspection purposes. (o)  The commission may adopt rules to: (1)  prescribe eligible forms of electronic identification devices to ensure that the identification numbers: (A)  are unique and conform to appropriate standards; and (B)  can be integrated into the department's deer breeder database application; (2)  designate appropriate locations for the placement of an implantable microchip; and (3)  prescribe reporting procedures for the replacement of an electronic identification device that fails or is lost. [Not later than March 31 of the year following the year in which the breeder deer is born, a breeder deer held in a permitted deer breeding facility must be identified by placing on each breeder deer possessed by the deer breeder a single, reasonably visible, durable identification tag bearing an alphanumeric number of not more than four characters assigned by the department to the breeding facility in which the breeder deer was born and unique to that breeder deer. A deer breeder is not required to remove the tag for any purpose but may remove the tag and replace the tag immediately to meet the requirements of this section. [(b) A person may not remove or knowingly permit the removal of a breeder deer held in a facility by a permittee under this subchapter unless the breeder deer has been permanently and legibly tattooed in one ear with the unique identification number assigned to the breeder in lawful possession of the breeder deer and specific to the breeding facility in which the breeder deer was born or initially introduced if from an out-of-state source. [(c) A person may not knowingly accept or permit the acceptance of a breeder deer into a facility regulated under this subchapter unless the breeder deer has been permanently and legibly tattooed in one ear with the unique identification number assigned to the breeder in lawful possession of the breeder deer and specific to the facility in which the breeder deer was born or initially introduced if from an out-of-state source.]
SECTION 3.  Subchapter L, Chapter 43, Parks and Wildlife Code, is amended by adding Section 43.3562 to read as follows: Sec. 43.3562.  ALTERNATIVE UNIQUE NUMBERING SYSTEMS.  (a)  The commission by rule shall adopt electronically readable identification systems such as the National Animal Identification System maintained by the United States Department of Agriculture and implantable microchip numbering systems that may be used by a deer breeder to identify breeder deer. (b)  The department shall review and approve radio frequency identification tags and microchip implants that use the numbering systems adopted under Subsection (a).  The department shall publish on the department's website a list of the approved identification tags and implants. (c)  On request by a deer breeder and to the extent possible, the department shall assign a four-digit alphanumeric identification number to uniquely identify a breeder deer for use on the deer's external durable identification tag or tattoo.  If the four-digit identification system becomes impracticable, the commission by rule shall coordinate the use of electronically readable identification numbers described by Subsections (d) and (e) with the four-digit system to the extent required by this subchapter. (d)  A deer breeder may use an external radio frequency identification tag approved by the department with a numbering system adopted under Subsection (a) as an external durable identification tag for identifying a breeder deer.  The deer breeder must register the unique number encoded in the tag with the department. (e)  A deer breeder may use an implantable microchip approved by the department with a numbering system adopted under Subsection (a) as a substitute for an ear tattoo.  The deer breeder must register the unique number encoded in the implantable microchip with the department. (f)  The department's database for breeder deer must allow a single breeder deer to be uniquely identified by any of the following identifying numbers or combinations of numbers and alphabetic characters: (1)  a unique alphanumeric identifier assigned by the department to that deer; (2)  a unique identification number for that deer registered under Subsection (d); or (3)  a unique identification number for that deer registered under Subsection (e). (g)  A deer breeder that uses an electronically readable identification system shall provide an authorized employee of the department with a working device capable of reading the electronic numbers as needed for inspection purposes under this subchapter. The employee shall accept an electronically readable number that is registered with the department as valid. (h)  The commission may adopt rules and procedures to implement the use of alternative numbering systems under this section.	No equivalent provision. (See Sec. 43.3561(m), Parks and Wildlife Code, in SECTION 1 of the committee substitute version.) (See Sec. 43.3561(o), Parks and Wildlife Code, in SECTION 1 of the committee substitute version.)
SECTION 4.  Subchapter L, Chapter 43, Parks and Wildlife Code, is amended by adding Section 43.3581 to read as follows: Sec. 43.3581.  DURABLE IDENTIFICATION TAG EXCEPTION.  The durable identification tag on a breeder deer may be removed before transporting the deer to a release site provided that the person transporting the deer has possession of the tag for each deer being transported and provides the tag to an authorized department employee on request for inspection purposes.	(See Sec. 43.3561(n), Parks and Wildlife Code, in SECTION 1 of the committee substitute version.)
SECTION 5.  Section 43.367(a), Parks and Wildlife Code, is amended to read as follows: (a)  Except as provided by Section 43.3581 or Subsection (b), a person who violates a provision of this subchapter or a regulation of the commission issued under this subchapter or who fails to file a full and complete report as required by Section 43.359 commits an offense that is a Class C Parks and Wildlife Code misdemeanor.	SECTION 2.  Substantially the same as introduced version.
SECTION 6.  (a) Not later than March 1, 2014, the Parks and Wildlife Commission shall adopt alternative identification numbering systems required by Section 43.3562(a), Parks and Wildlife Code, as added by this Act. (b)  Not later than March 1, 2014, the Parks and Wildlife Department shall approve and publish a list of radio frequency identification tags and microchip implants as required by Section 43.3562(b), Parks and Wildlife Code, as added by this Act.	SECTION 3.  (a) Not later than March 1, 2014, the Parks and Wildlife Commission shall adopt rules as necessary under Section 43.3561(o), Parks and Wildlife Code, as added by this Act. (b)  Not later than March 1, 2014, the Parks and Wildlife Department shall approve and publish a list of radio frequency identification button tags and microchip implants as authorized by Section 43.3561(a)(3), Parks and Wildlife Code, as amended by this Act.
SECTION 7.  Section 43.367(a), Parks and Wildlife Code, as amended by this Act applies only to an offense committed on or after the effective date of this Act.  An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose.  For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.	SECTION 4.  Same as introduced version.
SECTION 8.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.	SECTION 5.  This Act takes effect September 1, 2013.