Texas 2011 - 82nd Regular

Texas House Bill HB535 Compare Versions

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Old	New	Differences
1	1	82R18510 SLB-F
2	2	By: Phillips H.B. No. 535
3	3	Substitute the following for H.B. No. 535:
4	4	By: Elkins C.S.H.B. No. 535
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to allowing a deer breeder to transfer and sell for
10	10	processing as venison certain breeder deer.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 43.357(a) and (b), Parks and Wildlife
13	13	Code, are amended to read as follows:
14	14	(a) The holder of a valid deer breeder's permit may:
15	15	(1) engage in the business of breeding breeder deer in
16	16	the immediate locality for which the permit was issued; [and]
17	17	(2) sell, transfer to another person, or hold in
18	18	captivity live breeder deer for the purpose of propagation or sale;
19	19	and
20	20	(3) transfer and sell live breeder deer not needed for
21	21	propagation for the purpose of processing and sale as venison.
22	22	(b) The commission may make regulations governing:
23	23	(1) the possession of breeder deer held under the
24	24	authority of this subchapter;
25	25	(2) the recapture of lawfully possessed breeder deer
26	26	that have escaped from the facility of a deer breeder;
27	27	(3) permit applications and fees;
28	28	(4) reporting requirements;
29	29	(5) procedures and requirements for the purchase,
30	30	transfer, sale, or shipment of breeder deer;
31	31	(6) the endorsement of a deer breeder facility by a
32	32	certified wildlife biologist;
33	33	(7) the number of breeder deer that a deer breeder may
34	34	possess; [and]
35	35	(8) the dates for which a deer breeder permit is valid;
36	36	and
37	37	(9) procedures for the identification, transfer, and
38	38	sale of live breeder deer not needed for propagation for the purpose
39	39	of processing and sale as venison.
40	40	SECTION 2. Section 43.364, Parks and Wildlife Code, is
41	41	amended to read as follows:
42	42	Sec. 43.364. USE OF BREEDER DEER. (a) Except as provided by
43	43	Subsection (b), breeder [Breeder] deer may be purchased, sold,
44	44	transferred, or received in this state only for the purposes of
45	45	liberation or holding for propagation. All breeder deer and
46	46	increase from breeder deer are under the full force of the laws of
47	47	this state pertaining to deer, and those breeder deer may be held in
48	48	captivity for propagation in this state only after a deer breeder's
49	49	permit is issued by the department under this subchapter.
50	50	(b) Live breeder deer not needed for propagation may be
51	51	transferred, processed, and sold as venison only in accordance with
52	52	Section 43.357 and either:
53	53	(1) Chapter 433, Health and Safety Code, and rules
54	54	adopted under that chapter; or
55	55	(2) 9 C.F.R. Part 352, as authorized by the federal
56	56	Agricultural Marketing Act of 1946 (7 U.S.C. Section 1621 et seq.).
57	57	SECTION 3. Section 433.003(5), Health and Safety Code, is
58	58	amended to read as follows:
59	59	(5) "Exotic animal" means:
60	60	(A) a member of a species of game not indigenous
61	61	to this state, including an axis deer, nilga antelope, red sheep, or
62	62	other cloven-hooved ruminant animal; or
63	63	(B) a breeder deer as defined by Section 43.351,
64	64	Parks and Wildlife Code, that the Parks and Wildlife Department has
65	65	identified for the purpose of processing and sale as venison.
66	66	SECTION 4. This Act takes effect September 1, 2011.