82R18512 SGA-F
By: Guillen H.B. No. 3776
Substitute the following for H.B. No. 3776:
By: King of Zavala C.S.H.B. No. 3776
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
described by Section 43.3562 that is used to identify a breeder deer
[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 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 a [the]
breeder deer is born, the [a] breeder deer [held in a permitted deer
breeding facility] must be identified by:
(1) attaching to the deer an external durable
identification tag that is reasonably visible;
(2) implanting under the deer's skin a durable
identification tag that is a microchip; or
(3) attaching or implanting a department-approved
durable identification tag other than a tag described by
Subdivision (1) or (2) [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].
(b) A deer breeder is not required to remove the durable
identification tag for any purpose but may remove the tag and
replace the tag immediately to meet the requirements of this
section.
(c) Except as provided by Subsection (e), a [(b) 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 alphanumeric identifier approved by the department
[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].
(d) Except as provided by Subsection (e), a [(c) 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 alphanumeric identifier approved by the department
[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].
(e) Instead of using a tattoo to identify a breeder deer
under Subsection (c) or (d), a deer breeder may identify a deer by
using a department-approved microchip implanted under the deer's
skin or another department-approved identification device.
SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife
Code, is amended by adding Section 43.3562 to read as follows:
Sec. 43.3562. DURABLE IDENTIFICATION TAG. (a) A durable
identification tag may be any department-approved external tag,
microchip implant, or other identification device that meets the
requirements of this section.
(b) A durable identification tag must bear an alphanumeric
identifier approved by the department and unique to the breeder
deer to which it is attached or in which it is implanted.
(c) A durable identification tag must be not easily
dislodged or removed and made of a material not likely to
disintegrate or decompose.
SECTION 4. Section 43.357(b), Parks and Wildlife Code, is
amended to read as follows:
(b) The commission may make regulations governing:
(1) the possession of breeder deer held under the
authority of this subchapter;
(2) the recapture of lawfully possessed breeder deer
that have escaped from the facility of a deer breeder;
(3) permit applications and fees;
(4) reporting requirements;
(5) procedures and requirements for the purchase,
transfer, sale, or shipment of breeder deer;
(6) the endorsement of a deer breeder facility by a
certified wildlife biologist;
(7) the number of breeder deer that a deer breeder may
possess; [and]
(8) the dates for which a deer breeder permit is valid;
and
(9) the use of durable identification tags for
identifying breeder deer under this subchapter.
SECTION 5. This Act takes effect September 1, 2011.