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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing a deer breeder to transfer and sell for |
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processing as venison certain breeder deer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 43.357(a) and (b), Parks and Wildlife |
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Code, are amended to read as follows: |
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(a) The holder of a valid deer breeder's permit may: |
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(1) engage in the business of breeding breeder deer in |
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the immediate locality for which the permit was issued; [and] |
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(2) sell, transfer to another person, or hold in |
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captivity live breeder deer for the purpose of propagation or sale; |
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and |
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(3) transfer and sell live breeder deer not needed for |
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propagation for the purpose of processing and sale as venison. |
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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) procedures for the identification, transfer, and |
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sale of live breeder deer not needed for propagation for the purpose |
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of processing and sale as venison. |
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SECTION 2. Section 43.364, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.364. USE OF BREEDER DEER. (a) Except as provided by |
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Subsection (b), breeder [Breeder] deer may be purchased, sold, |
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transferred, or received in this state only for the purposes of |
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liberation or holding for propagation. All breeder deer and |
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increase from breeder deer are under the full force of the laws of |
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this state pertaining to deer, and those breeder deer may be held in |
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captivity for propagation in this state only after a deer breeder's |
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permit is issued by the department under this subchapter. |
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(b) Live breeder deer not needed for propagation may be |
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transferred, processed, and sold as venison only in accordance with |
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Section 43.357 and either: |
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(1) Chapter 433, Health and Safety Code, and rules |
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adopted under that chapter; or |
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(2) 9 C.F.R. Part 352, as authorized by the federal |
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Agricultural Marketing Act of 1946 (7 U.S.C. Section 1621 et seq.). |
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SECTION 3. Subchapter A, Chapter 433, Health and Safety |
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Code, is amended by adding Section 433.010 to read as follows: |
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Sec. 433.010. APPLICABILITY OF CHAPTER TO BREEDER DEER. |
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(a) In this section, "breeder deer" has the meaning assigned by |
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Section 43.351, Parks and Wildlife Code. |
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(b) This chapter applies to breeder deer, identified by the |
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Parks and Wildlife Department for the purpose of processing and |
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sale as venison, in the same manner that the chapter applies to an |
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exotic animal. |
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SECTION 4. This Act takes effect September 1, 2013. |