By: Perry, et al.  S.B. No. 810
         (In the Senate - Filed February 13, 2019; March 1, 2019,
  read first time and referred to Committee on Water & Rural Affairs;
  April 1, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 0; April 1, 2019,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 810 By:  Perry
 
 
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 attaching
  an [placing on each breeder deer possessed by the deer breeder a
  single, reasonably visible, durable] identification tag to the
  pinna of one 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
  either or both of the following:
               (1)  applying a tattoo to the inner portion of either
  ear of the deer that:
                     (A)  is made with commercially available 5/16
  inch tattoo letters and numbers;
                     (B)  is legible, permanent, and green; and
                     (C)  bears the same unique identifier printed on
  the identification tag attached to the deer under this subsection;
  or
               (2)  attaching to the pinna of the opposite ear of the
  breeder deer in which the identification tag required by this
  section is attached an electronic identification device button tag
  that:
                     (A)  is approved by the United States Department
  of Agriculture;
                     (B)  has an associated 15-digit animal
  identification number that begins with 840; and
                     (C)  is permanently affixed so as not to be
  dislodged or removed easily.
         (c)  No person may remove an electronic identification
  device button tag. If an electronic identification device button
  tag is dislodged, damaged, or removed by means other than human
  agency, a replacement electronic identification device button tag
  must be attached to the same ear to which the original button tag
  was attached. The 15-digit animal identification number for the
  replacement button tag must be provided to the department and
  entered into the database described by Subsection (g) [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].
         (d)  Except for a replacement identification tag described
  by Subsection (i), an identification tag applied under Subsection
  (b):
               (1)  must:
                     (A)  be commercially manufactured;
                     (B)  bear on the face and on the button back the
  unique identifier for the breeder deer to which it is attached in
  black text placed by the manufacturer with the 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 permanently 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.
         (e)  The text of the unique identifier may be larger than the
  dimensions described by Subsection (d)(1)(B) but must maintain the
  same proportion of height and width.
         (f)  Provided that an electronic identification device
  button tag has not been attached to a breeder deer to satisfy the
  requirements of Subsection (b), a deer breeder may use an
  electronic identification device implant to identify a breeder
  deer. The implant must be approved by the United States Department
  of Agriculture and have an associated 15-digit animal
  identification number that begins with 840. The implant must be
  implanted in the subcutaneous tissue at the base of either ear.
         (g)  The department shall create and maintain a database
  containing electronic identification device numbers entered by
  deer breeders.  An electronic identification device is valid for
  purposes of this section 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.
         (h)  If an electronic identification device button tag has
  not been attached to a breeder deer to satisfy the requirements of
  Subsection (b), the department may consider an electronic
  identification number for a valid electronic identification device
  implant as evidence of positive identification for a breeder deer
  that cannot be identified by the identification tag or tattoo
  required by Subsection (b), provided that the deer breeder entered
  the electronic identification device number into the database at a
  time when the breeder deer was identified in accordance with this
  section. The presence of an electronic identification device
  implant is not a defense to prosecution for a violation of the
  requirements of this section.
         (i)  Except as provided by Subsection (k), no person may
  remove an identification tag. 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 tag
  does not meet the requirements of Subsection (d) with an
  identification tag that meets the requirements of Subsection (d) or
  a replacement identification tag.
         (j)  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 Subsection (d), except
  for the requirement that the text be placed on the tag by the
  manufacturer.
         (k)  Provided that an electronic identification device
  button tag is attached to a breeder deer in accordance with
  Subsection (b), a deer breeder may remove an identification tag
  from a breeder deer for liberation purposes only after a transfer
  permit for the breeder deer has been activated. The person
  transporting breeder deer must possess an identification tag that
  has been removed in accordance with this subsection from each
  breeder deer being transported that does not bear an identification
  tag in the vehicle used to transport the breeder deer until the
  transfer permit has been completed.
         (l)  A deer breeder shall replace the identification tag of a
  breeder deer for which a transfer permit was activated but not
  completed before the transfer permit expires or is deactivated with
  a tag that meets the requirements of this section.
         (m) [(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 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
  breeding facility in which the breeder deer was born or initially
  introduced if from an out-of-state source].
         (n) [(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.
 
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