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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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) In this |
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section: |
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(1) "Breeder facility" means a facility regulated |
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under this subchapter. |
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(2) "Ear tag" means a single, reasonably visible, |
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durable identification tag placed in one ear of a breeder deer. |
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(3) "Electronic identification device" means: |
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(A) an implantable microchip; or |
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(B) a radio frequency identification button tag |
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placed in one ear of a breeder deer. |
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(4) "Tattoo" means a permanent and legible tattoo |
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placed in one ear of a breeder deer. |
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(b) The primary form of identification for a breeder deer |
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must be an ear tag that is permanently and legibly marked with a |
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unique identification number as provided by this section. |
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(c) The secondary form of identification for a breeder deer |
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must be: |
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(1) a tattoo; or |
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(2) an electronic identification device. |
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(d) A breeder deer born before April 1, 2014, must be |
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identified by: |
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(1) the primary form of identification not later than |
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March 31 of the year following the birth of the breeder deer; and |
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(2) a secondary form of identification before the |
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removal of the breeder deer from a breeder facility. |
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(e) A breeder deer born on or after April 1, 2014, must be |
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identified with both the primary and a secondary form of |
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identification not later than March 31 of the year following the |
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birth of the breeder deer. |
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(f) Each breeder deer must be assigned a unique |
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identification number as follows: |
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(1) for a breeder deer born before April 1, 2014, with |
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a tattoo as the secondary form of identification, the unique |
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identification number is the four-character unique number assigned |
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by the department and specific to that deer; |
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(2) for a breeder deer born before April 1, 2014, with |
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an electronic identification device as the secondary form of |
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identification, the unique identification number is a 19-digit |
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number consisting of the four-character unique number already |
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assigned to that specific deer and the 15-digit number associated |
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with the electronic identification device; |
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(3) for a breeder deer born on or after April 1, 2014, |
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with a tattoo as the secondary form of identification, the unique |
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identification number is an alphanumeric identifier of not more |
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than five characters assigned by the department; and |
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(4) for a breeder deer born on or after April 1, 2014, |
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with an electronic identification device as the secondary form of |
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identification, the unique identification number is the 15-digit |
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number associated with the electronic identification device. |
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(g) For a breeder deer described by Subsection (f)(1), (2), |
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or (3), the primary form of identification must contain the four- or |
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five-character unique number assigned to that specific deer by the |
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department. |
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(h) For a breeder deer described by Subsection (f)(4), the |
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primary form of identification must contain no more than five |
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digits of the unique identification number contained in the |
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electronic identification device as provided by rule of the |
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commission. |
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(i) A deer breeder is not required to remove the primary |
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form of identification for any purpose but may remove and replace |
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the primary form of identification immediately to meet the |
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requirements of this section. |
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(j) A deer breeder may not remove the secondary form of |
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identification unless it is an electronic identification device |
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that fails or is lost. The deer breeder shall replace an electronic |
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identification device that fails or is lost and report the |
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replacement of the device to the department so that a new unique |
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identification number can be assigned to that specific breeder |
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deer. |
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(k) A person may not remove or knowingly permit the removal |
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of a breeder deer held in a breeder facility unless the breeder deer |
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possesses a secondary form of identification described by this |
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section. |
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(l) A person may not knowingly accept or permit the |
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acceptance of a breeder deer into a breeder facility unless the |
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breeder deer possesses a secondary form of identification described |
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by this section. |
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(m) A deer breeder who uses an electronic identification |
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device as a secondary form of identification shall provide an |
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authorized employee of the department with a working device capable |
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of reading the electronic identification as needed for inspection |
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purposes under this subchapter. |
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(n) The primary form of identification described in this |
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section may be removed from a breeder deer immediately before the |
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deer is transported to a release site, provided that the person |
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transporting the deer has possession of the ear tag for each deer |
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being transported and provides the ear tag to an authorized |
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department employee on request for inspection purposes. |
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(o) The commission may adopt rules to: |
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(1) prescribe eligible forms of electronic |
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identification devices to ensure that the identification numbers: |
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(A) are unique and conform to appropriate |
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standards; and |
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(B) can be integrated into the department's deer |
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breeder database application; |
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(2) designate appropriate locations for the placement |
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of an implantable microchip; and |
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(3) prescribe reporting procedures for the |
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replacement of an electronic identification device that fails or is |
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lost. [Not later than March 31 of the year following the year in
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which the breeder deer is born, a breeder deer held in a permitted
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deer breeding facility must be identified by 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. A deer breeder is not required to remove the tag
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for any purpose but may remove the tag and replace the tag
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immediately to meet the requirements of this section.
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[(b) A person may not remove or knowingly permit the removal
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of a breeder deer held in a facility by a permittee under this
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subchapter unless the breeder deer has been permanently and legibly
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tattooed in one ear with the unique identification number assigned
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to the breeder in lawful possession of the breeder deer and specific
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to the breeding facility in which the breeder deer was born or
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initially introduced if from an out-of-state source.
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[(c) A person may not knowingly accept or permit the
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acceptance of a breeder deer into a facility regulated under this
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subchapter unless the breeder deer has been permanently and legibly
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tattooed in one ear with the unique identification number assigned
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to the breeder in lawful possession of the breeder deer and specific
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to the facility in which the breeder deer was born or initially
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introduced if from an out-of-state source.] |
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SECTION 2. Section 43.367(a), Parks and Wildlife Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 43.3561(n) or Subsection |
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(b), a person who violates a provision of this subchapter or a |
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regulation of the commission issued under this subchapter or who |
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fails to file a full and complete report as required by Section |
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43.359 commits an offense that is a Class C Parks and Wildlife Code |
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misdemeanor. |
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SECTION 3. (a) Not later than March 1, 2014, the Parks and |
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Wildlife Commission shall adopt rules as necessary under Section |
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43.3561(o), Parks and Wildlife Code, as added by this Act. |
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(b) Not later than March 1, 2014, the Parks and Wildlife |
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Department shall approve and publish a list of radio frequency |
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identification button tags and microchip implants as authorized by |
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Section 43.3561(a)(3), Parks and Wildlife Code, as amended by this |
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Act. |
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SECTION 4. Section 43.367(a), Parks and Wildlife Code, as |
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amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2013. |