Texas 2009 - 81st Regular

Texas House Bill HB455 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2729 SLB-D
2	2	By: Gonzalez Toureilles H.B. No. 455
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to creating an offense for the trapping of wild deer by a
8	8	deer breeder and to the civil and criminal consequences of engaging
9	9	in certain conduct associated with deer breeding; providing
10	10	penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 43.365, Parks and Wildlife Code, is
13	13	amended by adding Subsection (c) to read as follows:
14	14	(c) It is an offense if a deer breeder traps wild deer in
15	15	this state to breed, sell, or transfer.
16	16	SECTION 2. Section 43.367, Parks and Wildlife Code, is
17	17	amended by amending Subsection (b) and adding Subsections (c), (d),
18	18	and (e) to read as follows:
19	19	(b) A person who violates Section 43.365 [43.365(a)(1)]
20	20	commits an offense that is a Class A Parks and Wildlife Code
21	21	misdemeanor.
22	22	(c) A person holding a permit issued under this subchapter
23	23	is responsible and may be prosecuted for a Class A Parks and
24	24	Wildlife Code misdemeanor if an authorized agent or employee of the
25	25	person violates this subchapter on land belonging to the person.
26	26	(d) On a third or subsequent violation of Section 43.365 by
27	27	a person who holds a permit issued under this subchapter, the
28	28	department shall:
29	29	(1) revoke all permits held by the person that are
30	30	issued:
31	31	(A) under this subchapter; or
32	32	(B) by the department and listed under Section
33	33	43.357(d);
34	34	(2) file a deed restriction that prohibits deer
35	35	breeding on the property owned by the person where the violation
36	36	occurred; and
37	37	(3) confiscate, in accordance with Section 43.368, any
38	38	deer held in captivity by the person.
39	39	(e) A deed restriction filed under Subsection (d) expires on
40	40	the fifth anniversary of the date on which the deed restriction was
41	41	filed and must include a statement to that effect. The deed
42	42	restriction shall be filed in the office where real property
43	43	records are kept for the county in which the property is located.
44	44	SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife
45	45	Code, is amended by adding Section 43.368 to read as follows:
46	46	Sec. 43.368. DISPOSITION OF DEER HELD IN CAPTIVITY; RULES.
47	47	(a) The commission shall adopt rules for the euthanasia of a deer
48	48	that:
49	49	(1) is being held in captivity by a person whose permit
50	50	under this subchapter is revoked; and
51	51	(2) does not have the identification required by
52	52	Section 43.3561.
53	53	(b) A deer shall be considered confiscated game for
54	54	disposition under Section 12.110 if the deer:
55	55	(1) is being held in captivity by a person whose permit
56	56	under this subchapter is revoked; and
57	57	(2) has the identification required by Section
58	58	43.3561.
59	59	SECTION 4. The changes in the law made by this Act apply
60	60	only to an offense committed on or after the effective date of this
61	61	Act. For the purpose of this subsection, an offense is committed
62	62	before the effective date of this Act if any element of the offense
63	63	occurs before that date. An offense committed before the effective
64	64	date of this Act is covered by the law in effect when the offense was
65	65	committed, and the former law is continued in effect for that
66	66	purpose.
67	67	SECTION 5. This Act takes effect September 1, 2009.