Texas 2009 - 81st Regular

Texas House Bill HB4214 Compare Versions

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1	1	81R27149 SLB-F
2	2	By: Homer H.B. No. 4214
3	3	Substitute the following for H.B. No. 4214:
4	4	By: Kleinschmidt C.S.H.B. No. 4214
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the business of taxidermy; providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 5, Parks and Wildlife Code, is amended by
12	12	adding Subtitle C-1 to read as follows:
13	13	SUBTITLE C-1. TAXIDERMY
14	14	CHAPTER 73. TAXIDERMY
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 73.001. DEFINITIONS. In this chapter:
17	17	(1) "Animal" means any species of wild or exotic
18	18	animal, including any bird or fish, the taking, possession, or sale
19	19	of which is regulated by this code or a rule adopted under this
20	20	code.
21	21	(2) "Business" means a for-profit enterprise.
22	22	(3) "Exotic animal" has the meaning assigned by
23	23	Section 62.015.
24	24	(4) "Game animal" has the meaning assigned by Section
25	25	63.001.
26	26	(5) "Game bird" has the meaning assigned by Section
27	27	64.001.
28	28	(6) "Migratory game bird" has the meaning assigned by
29	29	Section 64.021.
30	30	(7) "Specimen" means all or any part of an animal,
31	31	including the skin or hide.
32	32	(8) "Tanner" means a person who prepares green or
33	33	untanned hides, capes, or skins.
34	34	(9) "Taxidermist" means a person who is engaged in the
35	35	business of taxidermy.
36	36	(10) "Taxidermist employee" means a person who is
37	37	employed by a taxidermist, performs taxidermy under the direction
38	38	of another taxidermist, and does not perform taxidermy for the
39	39	public.
40	40	(11) "Taxidermy" means the art of preparing the skin,
41	41	feathers, or other parts of an animal in a preserved state, often
42	42	for display, including:
43	43	(A) tanning the hides, capes, or skins; or
44	44	(B) mounting the preserved parts of a specimen,
45	45	including the skull, antlers, or horns.
46	46	Sec. 73.002. PERMIT REQUIRED; EXCEPTIONS. (a) Except as
47	47	provided by Subsection (c), a person, including a tanner, may not
48	48	engage in the business of taxidermy unless the person has a
49	49	taxidermy permit issued by the department.
50	50	(b) A taxidermist shall prominently display the taxidermy
51	51	permit in the place where the taxidermist performs taxidermy.
52	52	(c) A taxidermy permit is not required for:
53	53	(1) a taxidermist employee if the taxidermist
54	54	supervises the employee's work; or
55	55	(2) a tanner performing work for a taxidermist.
56	56	Sec. 73.003. ISSUANCE OF PERMIT; EXPIRATION; FEES. (a) The
57	57	department shall issue a taxidermy permit to a person who submits a
58	58	completed application as prescribed by the department subject to
59	59	conditions set by the commission.
60	60	(b) A taxidermy permit is valid from September 1 or another
61	61	date set by the commission, through August 31 of the next year or
62	62	another date set by the commission.
63	63	(c) The fee for a taxidermy permit is $50, or an amount set
64	64	by the commission, whichever amount is greater.
65	65	(d) Fees collected under this section shall be deposited to
66	66	the credit of the game, fish, and water safety account.
67	67	[Sections 73.004-73.020 reserved for expansion]
68	68	SUBCHAPTER B. PRIVILEGES AND DUTIES OF PERMIT HOLDER
69	69	Sec. 73.021. RECORDS REQUIRED. (a) A taxidermy permit
70	70	holder shall maintain an accurate book or electronic record
71	71	containing:
72	72	(1) the date a specimen is received by the permit
73	73	holder;
74	74	(2) for each specimen, the specimen type;
75	75	(3) the name, address, and hunting or fishing license
76	76	number of each person who killed or caught a specimen received by
77	77	the permit holder; and
78	78	(4) the name and address of the person who delivered
79	79	the specimen to the permit holder, if that person is not the person
80	80	who killed or caught the specimen.
81	81	(b) If a portion of the specimen is given to a taxidermist
82	82	employee or a tanner to perform work for the permit holder, the
83	83	taxidermist employee or tanner shall maintain a record of the
84	84	taxidermy permit number of the supervising permit holder and a work
85	85	order number for the specimen.
86	86	(c) Each taxidermy record book or electronic record must be
87	87	kept on the premises of the business and may be inspected by an
88	88	authorized employee of the department during business hours or at
89	89	any other reasonable time.
90	90	(d) The permit holder shall maintain records required by
91	91	this chapter until the first anniversary of the date of the last
92	92	entry in the record book or electronic record.
93	93	(e) A record book maintained under Section 62.029(b) meets
94	94	the requirements of this section.
95	95	Sec. 73.022. SALE OF UNCLAIMED SPECIMENS. (a) Except as
96	96	provided by this section, if the owner of a lawfully taken specimen
97	97	that has been mounted or tanned has not claimed the specimen on or
98	98	before the 60th day after the date of receiving notification that
99	99	the taxidermy or tanning is complete, the taxidermist may sell the
100	100	specimen.
101	101	(b) Notification under this section must be by registered or
102	102	certified mail.
103	103	(c) The taxidermy permit holder shall maintain records as
104	104	required by Section 73.021 for a specimen sold under Subsection
105	105	(a).
106	106	(d) Any person may sell, offer for sale, purchase, offer to
107	107	purchase, or possess after purchase the following inedible parts of
108	108	a specimen lawfully taken or possessed:
109	109	(1) an inedible part, including the feathers, bones,
110	110	or feet, of a game bird other than a migratory game bird;
111	111	(2) the hair, hide, antlers, bones, horns, skull,
112	112	hooves, or sinew, as applicable, of a deer, pronghorn antelope,
113	113	desert bighorn sheep, collared peccary or javelina, red squirrel,
114	114	or gray squirrel; or
115	115	(3) the feathers of a migratory game bird in
116	116	accordance with federal law.
117	117	(e) A taxidermy permit holder may not sell an unclaimed
118	118	specimen of a migratory game bird or bird that is not a game bird.
119	119	(f) Section 62.021 does not apply to a sale under this
120	120	section.
121	121	[Sections 73.023-73.040 reserved for expansion]
122	122	SUBCHAPTER C. ENFORCEMENT
123	123	Sec. 73.041. PENALTY. (a) A person commits an offense if
124	124	the person violates any provision of this chapter or a rule adopted
125	125	under this chapter.
126	126	(b) Except as provided by Subsection (c), an offense under
127	127	this chapter is a Class C Parks and Wildlife Code misdemeanor.
128	128	(c) If it is shown at the trial of the defendant for a
129	129	violation of this chapter or a rule adopted under this chapter that
130	130	the defendant has been convicted two or more times before the trial
131	131	date of a violation of this chapter, other than a violation of
132	132	Section 73.021, or a rule adopted under this chapter, the offense is
133	133	a Class B Parks and Wildlife Code misdemeanor.
134	134	SECTION 2. Effective June 1, 2010, Section 62.023, Parks
135	135	and Wildlife Code, is repealed.
136	136	SECTION 3. The Parks and Wildlife Commission shall adopt
137	137	rules and procedures, including any fees or forms related to a
138	138	taxidermy permit, required to implement Chapter 73, Parks and
139	139	Wildlife Code, as added by this Act, not later than April 1, 2010.
140	140	SECTION 4. (a) Except as provided by Subsection (b) of this
141	141	section, this Act takes effect September 1, 2009.
142	142	(b) Sections 73.002 and 73.041, Parks and Wildlife Code, as
143	143	added by this Act, take effect June 1, 2010.