86R32322 JJT-F
 
  By: Perry, et al. S.B. No. 810
 
  (Cyrier, Larson, Price, King of Uvalde, Paddie)
 
  Substitute the following for S.B. No. 810:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the identification of breeder deer.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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)  "Button back" means the portion of an
  identification tag used to secure the tag to the breeder deer.
               (2)  "Electronic identification device" means a button
  tag or implant that uses radio frequency identification technology.
               (3)  "Identification tag" means a tag attached to the
  ear of a breeder deer for the purposes of identification that meets
  the requirements of this section.
               (4)  "Unique identifier" means five alphanumeric
  characters assigned by the department to uniquely identify a
  breeder deer.
         (b)  Not later than March 31 of the year following the year in
  which a [the] breeder deer is born, the [a] breeder deer [held in a
  permitted deer breeding facility] must be identified by:
               (1)  attaching an [placing on each breeder deer
  possessed by the deer breeder a single, reasonably visible,
  durable] identification tag to the pinna of either ear of the
  breeder deer in a manner so that the face of the tag is clearly
  visible on the anterior side of the ear; and
               (2)  applying a single electronic identification
  device [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].
         (c)  Except for a replacement identification tag described
  by Subsection (h), an identification tag applied under Subsection
  (b):
               (1)  must:
                     (A)  be commercially manufactured;
                     (B)  bear on the face and button back the unique
  identifier for the breeder deer to which it is attached in text
  placed by the manufacturer with characters on the face not less than
  5/16 inch wide and 1/2 inch tall and spaced not less than 1/16 inch
  apart;
                     (C)  be securely affixed so as not to be dislodged
  or removed easily;
                     (D)  be made of a material that is not likely to
  disintegrate or decompose; and
                     (E)  have sufficient contrast between the color of
  the text and the color of the tag to make the text characters
  clearly visible; and
               (2)  may bear additional information, provided that a
  dividing line placed by the manufacturer below the unique
  identifier separates the unique identifier from the additional
  information.
         (d)  The text of the unique identifier may be larger than the
  dimensions described by Subsection (c)(1)(B) but must maintain the
  same proportion of height and width.
         (e)  A breeder deer born before January 1, 2022, may be
  identified as described by Subsection (c) or (h).  A breeder deer
  born on or after January 1, 2022, must be identified first as
  described by Subsection (c) before the breeder deer may be
  identified as described by Subsection (h).
         (f)  An electronic identification device applied under
  Subsection (b)(2) must be approved by the United States Department
  of Agriculture and have an associated 15-digit animal
  identification number that begins with 840. If the electronic
  identification device is a button tag, the button tag must be
  attached to the pinna of either ear of the breeder deer. If the
  electronic identification device is an implant, the implant may not
  be implanted in edible muscle.  No person may remove an electronic
  identification device.
         (g)  The department shall create and maintain a database
  containing electronic identification device numbers entered by
  deer breeders. An electronic identification device applied under
  Subsection (b)(2) is valid for purposes of Subsection (b) only if
  the number associated with the device has been entered into the
  department database and corresponds with the unique identifier
  assigned to the breeder deer to or in which the device is attached
  or implanted. In making a determination to destroy a deer under
  Section 43.953, the department shall consider an electronic
  identification device that meets the requirements of this section
  as evidence of positive identification for a breeder deer that
  cannot be identified by either the identification tag or tattoo
  required by Subsection (b) or (j), provided that the deer breeder
  entered the electronic identification device number into the
  database before the identity of the breeder deer was in question as
  determined by the department.
         (h)  A deer breeder immediately shall replace an
  identification tag that has been dislodged, damaged, or removed by
  means other than human agency to the extent that the identification
  tag does not meet the requirements of Subsections (b) and (c) with
  another identification tag that meets the requirements of
  Subsections (b) and (c), except that a deer breeder may create and
  attach a replacement identification tag. A replacement
  identification tag must:
               (1)  be clearly visible;
               (2)  have legible text written with a tag pen
  manufactured for use with the tag; and
               (3)  meet the requirements of Subsections (b)(1) and
  (c), except for the requirement that the text be placed on the tag
  by the manufacturer.
         (i)  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.
         (j) [(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 identified by
  applying a tattoo to the inner portion of either ear of the deer
  that:
               (1)  is made with commercially available #300 or 5/16
  inch tattoo letters and numbers;
               (2)  is legible, permanent, and green or black; and
               (3)  bears the same unique identifier printed on the
  identification tag attached to the deer under Subsection (c)
  [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].
         (k) [(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 identified as required
  by this section [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 2.  Section 43.351(5), Parks and Wildlife Code, is
  repealed.
         SECTION 3.  The changes in law made by this Act to Section
  43.3561, Parks and Wildlife Code, apply only to a breeder deer born
  on or after January 1, 2020. A breeder deer born before January 1,
  2020, is governed by the law in effect at the time the breeder deer
  was born, and the former law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect September 1, 2019.