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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; creating criminal |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.360, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.360. ENCLOSURE SIZE. (a) Except as provided by |
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Subsection (b), a [A] single enclosure for breeder deer may not |
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contain more than 20 [100] acres. |
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(b) A single enclosure for breeder deer may contain not more |
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than 100 acres if: |
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(1) the deer breeding facility's permit was issued and |
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continuously maintained prior to September 1, 2025; and |
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(2) the permitted enclosure existed before September |
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1, 2025. |
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(c) A single enclosure for breeder deer in a facility |
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described by Subsection (b) may not be expanded to contain more than |
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20 acres. |
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SECTION 2. Section 43.365(a), Parks and Wildlife Code, is |
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amended to read as follows: |
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(a) It is an offense if a deer breeder or another person: |
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(1) allows the hunting or killing of a breeder deer or |
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any other deer held in captivity in a facility permitted under this |
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subchapter, except as provided by this subchapter or a rule adopted |
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by the commission under this subchapter; [or] |
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(2) knowingly sells, arranges the sale of, purchases, |
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transfers, receives, or attempts to sell, arrange the sale of, |
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purchase, transfer, or receive a live breeder deer in violation of |
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this subchapter or a rule adopted by the commission under this |
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subchapter; |
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(3) places or holds breeder deer in captivity at any |
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place or in any facility not accounted for in the breeding facility |
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inventory on file with the department as required by commission |
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rule; |
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(4) fails to timely report the mortality of a breeder |
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deer as required by commission rule; |
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(5) fails to timely submit a disease test sample as |
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required by commission rule; |
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(6) violates or fails to comply with a disease testing |
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plan issued by the department under commission rule for a deer |
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breeding facility from which breeder deer have escaped; |
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(7) possesses a live deer acquired unlawfully; |
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(8) unlawfully imports or attempts to import a deer; |
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(9) transfers a breeder deer that does not bear the |
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identification required by Section 43.3561 or commission rule; |
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(10) transfers a breeder deer in violation of a |
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commission rule requiring disease testing; or |
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(11) submits a disease test sample taken from a deer |
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other than the breeder deer or deer identified as the deer from |
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which the test sample was taken. |
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SECTION 3. The heading to Section 43.367, Parks and |
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Wildlife Code, is amended to read as follows: |
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Sec. 43.367. PENALTIES [PENALTY]. |
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SECTION 4. Section 43.367, Parks and Wildlife Code, is |
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amended by amending Subsection (a) and adding Subsections (c), (d), |
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(e), (f), and (g) to read as follows: |
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(a) Except as otherwise provided by this section |
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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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(c) A person who violates Section 43.361 or 43.365(a)(3), |
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(4), (5), or (6) commits an offense that is a Class B Parks and |
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Wildlife Code misdemeanor if it is shown on the trial of the offense |
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that the actor has been previously convicted of an offense under |
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this section involving a violation of Section 43.361 or |
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43.365(a)(3), (4), (5), or (6). |
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(d) A person who violates Section 43.365(a)(7) or (8) |
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commits an offense that is a Class B Parks and Wildlife Code |
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misdemeanor. |
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(e) A person who violates Section 43.362 or 43.365(a)(9) |
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commits an offense that is a Class A Parks and Wildlife Code |
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misdemeanor if it is shown on the trial of the offense that the |
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actor has been previously convicted of an offense under this |
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section involving a violation of Section 43.362 or 43.365(a)(9). |
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(f) A person who violates Section 43.365(a)(10) commits an |
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offense that is a Class A Parks and Wildlife Code misdemeanor. |
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(g) A person who violates Section 43.365(a)(11) commits an |
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offense that is a Parks and Wildlife Code state jail felony if it is |
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shown on the trial of the offense that the actor has been previously |
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convicted of an offense under this section involving a violation of |
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Section 43.365(a)(11). |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 6. This Act takes effects September 1, 2025. |