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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of deer breeding by the Parks and |
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Wildlife Department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 58.002(1), Agriculture Code, is amended |
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to read as follows: |
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(1) "Agricultural business" means: |
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(A) a business that is or proposes to be engaged |
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in producing, processing, marketing, or exporting an agricultural |
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product; |
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(B) an eligible applicant as defined in |
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Subchapter E; |
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(C) the entity designated to carry out boll |
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weevil eradication in accordance with Section 74.1011; |
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(D) any agriculture-related business in rural |
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areas of Texas including a business that provides recreational |
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activities, including hiking, fishing, hunting, or any other |
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activity associated with the enjoyment of nature or the outdoors on |
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agricultural land; |
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(E) a state agency or an institution of higher |
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education that is engaged in producing an agricultural product; or |
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(F) [a business that holds a permit under |
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Subchapter L, Chapter 43, Parks and Wildlife Code; or |
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[(G)] any other business in a rural area of this |
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state. |
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SECTION 2. Section 12.601, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 12.601. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to the following permits: |
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(1) a trap, transport, and transplant permit under |
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Section 43.061 or 43.0611; |
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(2) a trap, transport, and process permit under |
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Section 43.0612; |
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(3) [a deer breeder's permit under Subchapter L, |
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Chapter 43; |
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[(4)] a white-tailed deer management permit under |
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Subchapter R, Chapter 43; and |
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(4) [(5)] a mule deer management permit under |
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Subchapter R-1, Chapter 43. |
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SECTION 3. The heading to Subchapter L, Chapter 43, Parks |
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and Wildlife Code, is amended to read as follows: |
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SUBCHAPTER L. BREEDER DEER [BREEDER'S PERMIT] |
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SECTION 4. Section 43.351(1), Parks and Wildlife Code, is |
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amended to read as follows: |
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(1) "Breeder deer" means a white-tailed deer or mule |
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deer legally held under [a permit authorized by] this subchapter. |
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SECTION 5. Subchapter L, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Section 43.3515 to read as follows: |
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Sec. 43.3515. POSSESSION OF BREEDER DEER. A person may |
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possess live breeder deer for the purpose of propagation if the deer |
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are at all times surrounded by a fence not less than eight feet in |
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height. |
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SECTION 6. Section 43.361(a), Parks and Wildlife Code, is |
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amended to read as follows: |
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(a) A release site onto which breeder deer are liberated |
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must be surrounded by a fence not less than eight [seven] feet in |
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height that is capable of retaining deer at all times under |
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reasonable and ordinary circumstances. |
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SECTION 7. Section 43.367, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.367. PENALTY. A [(a) Except as provided by |
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Subsection (b), a] person who violates a provision of this |
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subchapter [or a regulation of the commission issued under this |
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subchapter or who fails to file a full and complete report as |
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required by Section 43.359] commits an offense that is a Class C |
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Parks and Wildlife Code misdemeanor. |
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[(b) A person who violates Section 43.365(a)(1) commits an |
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offense that is a Class A Parks and Wildlife Code misdemeanor.] |
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SECTION 8. Section 43.951, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.951. APPLICABILITY. This subchapter applies only |
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to the disposition of [the following deer: |
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[(1) deer held at a facility covered by a permit issued |
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under Subchapter L; |
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[(2)] deer on acreage covered by a permit issued under |
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Subchapter R or [; and |
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[(3) deer on acreage covered by a permit issued under |
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Subchapter] R-1. |
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SECTION 9. Sections 43.952(2) and (3), Parks and Wildlife |
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Code, are amended to read as follows: |
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(2) "Permit" means a permit issued under Subchapter |
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[L,] R[,] or R-1. |
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(3) "Permit holder" means a person to whom a permit is |
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issued under Subchapter [L,] R[,] or R-1. |
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SECTION 10. Section 43.955(a), Parks and Wildlife Code, is |
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amended to read as follows: |
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(a) The applicable permit holder shall pay all costs |
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associated with: |
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(1) an epidemiological assessment conducted under |
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this subchapter to the animal health commission; and |
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(2) [except as provided by Subsection (b),] the |
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destruction of deer under this subchapter to the department. |
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SECTION 11. The following provisions of the Parks and |
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Wildlife Code are repealed: |
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(1) Sections 43.351(2), (3), (4), (6), and (7); |
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(2) Sections 43.352, 43.353, 43.356, 43.3561, 43.357, |
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43.358, 43.359, 43.3591, 43.360, 43.362, 43.363, 43.364, 43.365, |
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43.366, and 43.369; and |
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(3) Sections 43.955(b) and (c). |
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SECTION 12. As soon as practicable after the effective date |
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of this Act, the Parks and Wildlife Commission shall adopt, amend, |
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or repeal rules as necessary to implement the changes in law made by |
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this Act. |
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SECTION 13. This Act takes effect September 1, 2025. |