89R11951 AB-D

By: Hall S.B. No. 2648

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. Sections 43.3561(b), (f), (g), (h), and (j), Parks and Wildlife Code, are amended to read as follows:

(b) Not later than March 31 of the year following the year in which a breeder deer is born, the breeder deer must be identified by[:

[(1) attaching an 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 in accordance with Subsection (f).

(f) An electronic identification device applied under Subsection (b) [(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 except as necessary to comply with Subsection (h).

(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 electronic identification device [tag] that has been dislodged, damaged, or removed by means other than human agency to the extent that the device [identification tag] does not meet the requirements of Subsections (b) and (f) [(c)] with another electronic identification device [tag] that meets the requirements of Subsections (b) and (f) [(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].

(j) 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 associated with the electronic identification device under Subsection (g) [printed on the identification tag attached to the deer under Subsection (c)].

SECTION 2. The following provisions of the Parks and Wildlife Code are repealed:

(1) Sections 43.3561(a)(1) and (3); and

(2) Sections 43.3561(c), (d), (e), and (i).

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 the effective date of this Act. A breeder deer born before the effective date of this Act is governed by the law in effect on the date the breeder deer was born, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.