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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 43.351(5), Parks and Wildlife Code, is |
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amended to read as follows: |
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(5) "Primary ["Durable] identification tag" means a |
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single tag described by Section 43.3561 that is used as the primary |
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tag required to identify a breeder deer [not easily dislodged or
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removed and made of a material that is not likely to disintegrate or
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decompose]. The term includes[, but is not limited to,] newly |
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developed technologies approved for use by the department, |
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including radio 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 the |
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breeder deer is born, a breeder deer held in a permitted deer |
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breeding facility must be primarily 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 identification |
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[alphanumeric] number [of not more than four characters assigned by
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the department to the breeding facility in which the breeder deer
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was born and] unique to that breeder deer. The primary |
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identification tag must be an ear dangle tag or button tag that uses |
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radio frequency identification technology as permitted by 43.3562 |
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. |
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(b) The primary identification tag must be designed so that |
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it is not easily dislodged or removed and made of a durable material |
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that is not likely to disintegrate or decompose. |
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(c) A deer breeder is not required to remove the primary |
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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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(d) [(b)] A person may not remove or knowingly permit the |
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removal of a breeder deer held in a facility by a permittee under |
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this subchapter unless: |
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(1) 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; or |
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(2) the deer breeder has attached to the deer a button |
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tag that uses radio frequency identification technology as |
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permitted by Section 43.3562(d). |
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(e) [(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: |
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(1) 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; or |
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(2) the deer breeder has attached to the deer a button |
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tag that uses radio frequency identification technology as |
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permitted by Section 43.3562(d). |
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SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Sections 43.3562 and 43.3581 to read as |
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follows: |
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Sec. 43.3562. ALTERNATIVE UNIQUE NUMBERING SYSTEMS. (a) |
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The commission by rule shall adopt electronically readable radio |
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frequency identification numbering systems that may be used by a |
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deer breeder to identify breeder deer. |
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(b) The department shall review and approve button tags that |
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use the radio frequency identification numbering systems adopted |
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under Subsection (a). The department shall publish on the |
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department's website a list of the approved identification tags. |
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(c) On request by a deer breeder and to the extent possible, |
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the department shall assign a four-digit alphanumeric |
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identification number to uniquely identify a breeder deer for use |
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on the deer's primary identification tag or tattoo. If the |
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four-digit identification system becomes impracticable, the |
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commission by rule shall coordinate the use of electronically |
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readable radio frequency identification numbers described by |
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Subsection (d) with the four-digit system to the extent required by |
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this subchapter. |
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(d) A deer breeder may use a button tag approved by the |
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department under Subsection (b) as a substitute for an ear tattoo |
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for identifying a breeder deer. The deer breeder must register the |
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unique number encoded in the tag with the department. |
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(e) The department's database for breeder deer must allow a |
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single breeder deer to be uniquely identified by any of the |
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following identifying numbers or combinations of numbers and |
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alphabetic characters: |
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(1) a unique alphanumeric identifier assigned by the |
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department to that deer; or |
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(2) a unique identification number for that deer |
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registered under Subsection (d). |
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(f) A deer breeder that uses an electronically readable |
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identification system shall provide an authorized employee of the |
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department with a working device capable of reading the electronic |
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numbers as needed for inspection purposes under this subchapter. |
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The employee shall accept an electronically readable number that is |
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registered with the department as valid. |
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(g) The commission may adopt rules and procedures to |
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implement the use of alternative numbering systems under this |
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section. |
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Sec. 43.3581. PRIMARY IDENTIFICATION TAG EXCEPTION. The |
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primary identification tag on a breeder deer may be removed before |
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transporting the deer to a release site provided that the person |
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transporting the deer has possession of the tag for each deer being |
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transported and provides the tag to an authorized department |
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employee on request for inspection purposes. |
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SECTION 4. 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 43.3581 or Subsection (b), |
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a person who violates a provision of this subchapter or a regulation |
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of the commission issued under this subchapter or who fails to file |
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a full and complete report as required by Section 43.359 commits an |
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offense that is a Class C Parks and Wildlife Code misdemeanor. |
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SECTION 5. (a) Not later than March 1, 2016, the Parks and |
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Wildlife Commission shall adopt electronically readable |
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alternative identification numbering systems required by Section |
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43.3562(a), Parks and Wildlife Code, as added by this Act. |
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(b) Not later than March 1, 2016, the Parks and Wildlife |
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Department shall approve and publish a list of button tags that use |
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radio frequency identification technology as required by Section |
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43.3562(b), Parks and Wildlife Code, as added by this Act. |
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SECTION 6. 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 offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2015. |