82R3032 SGA-D
By: Phillips H.B. No. 1027
A BILL TO BE ENTITLED
AN ACT
relating to the identification of breeder deer by microchips.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.351(5), Parks and Wildlife Code, is
amended to read as follows:
(5) "Durable identification tag" means a single tag
not easily dislodged or removed and made of a material that is not
likely to disintegrate or decompose. The term includes[, but is
not limited to,] newly developed technologies, including a
microchip implant and other radio frequency identification tags.
SECTION 2. Section 43.3561, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.3561. IDENTIFICATION OF BREEDER DEER. (a) Not
later than March 31 of the year following the year in which the
breeder deer is born, a breeder deer held in a permitted deer
breeding facility must be identified by placing on each breeder
deer possessed by the deer breeder a single[, reasonably visible,]
durable identification tag bearing an alphanumeric number of not
more than four characters assigned by the department to the
breeding facility in which the breeder deer was born and unique to
that breeder deer. A deer breeder is not required to remove the tag
for any purpose but may remove the tag and replace the tag
immediately to meet the requirements of this section.
(b) Except as provided by Subsection (d), a [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 permanently and legibly tattooed in one ear with the
unique identification number assigned to the breeder in lawful
possession of the breeder deer and specific to the breeding
facility in which the breeder deer was born or initially introduced
if from an out-of-state source.
(c) Except as provided by Subsection (d), a [A] person may
not knowingly accept or permit the acceptance of a breeder deer into
a facility regulated under this subchapter unless the breeder deer
has been permanently and legibly tattooed in one ear with the unique
identification number assigned to the breeder in lawful possession
of the breeder deer and specific to the facility in which the
breeder deer was born or initially introduced if from an
out-of-state source.
(d) Instead of using a tattoo to identify a breeder deer
under Subsection (b) or (c), a deer breeder may identify a deer by
using a durable identification tag that is a microchip implanted
under the deer's skin.
(e) The commission may adopt rules governing the use of
durable identification tags for identifying breeder deer under this
section.
SECTION 3. This Act takes effect September 1, 2011.