Texas 2011 82nd Regular

Texas House Bill HB535 Introduced / Bill

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                    82R1036 SLB-D
 By: Phillips H.B. No. 535


 A BILL TO BE ENTITLED
 AN ACT
 relating to allowing a deer breeder to process as venison or sell
 for processing as venison certain breeder deer.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 43.357(a) and (b), Parks and Wildlife
 Code, are amended to read as follows:
 (a)  The holder of a valid deer breeder's permit may:
 (1)  engage in the business of breeding breeder deer in
 the immediate locality for which the permit was issued; [and]
 (2)  sell, transfer to another person, or hold in
 captivity live breeder deer for the purpose of propagation or sale;
 and
 (3)  process and sell as venison or sell for processing
 and sale as venison any breeder deer not needed for propagation.
 (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)  procedures for the processing and sale as venison
 or sale for processing as venison of breeder deer not needed for
 propagation, including procedures for determining whether a
 breeder deer is not needed for propagation.
 SECTION 2.  Section 43.362(b), Parks and Wildlife Code, is
 amended to read as follows:
 (b)  Except as provided by Subchapter C or by a rule adopted
 by the commission under this subchapter, no person may purchase,
 obtain, sell, transfer, or accept in this state a live breeder deer
 unless the person obtains a transfer permit from the department.
 This subsection does not apply to a breeder deer not needed for
 propagation that is sold for processing as venison in accordance
 with Section 43.357.
 SECTION 3.  Section 43.364, Parks and Wildlife Code, is
 amended to read as follows:
 Sec. 43.364.  USE OF BREEDER DEER. (a) Except as provided by
 Subsection (b), breeder [Breeder] deer may be purchased, sold,
 transferred, or received in this state only for the purposes of
 liberation or holding for propagation.  All breeder deer and
 increase from breeder deer are under the full force of the laws of
 this state pertaining to deer, and those breeder deer may be held in
 captivity for propagation in this state only after a deer breeder's
 permit is issued by the department under this subchapter.
 (b)  Live breeder deer not needed for propagation may be
 processed as venison or sold to be processed as venison in
 accordance with Section 43.357.
 SECTION 4.  This Act takes effect September 1, 2011.