82R1996 SLB-D
By: Davis of Dallas H.B. No. 870
A BILL TO BE ENTITLED
AN ACT
relating to creating an offense for the trapping of wild deer by a
deer breeder and to the civil and criminal consequences of engaging
in certain conduct associated with deer breeding; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.365, Parks and Wildlife Code, is
amended by adding Subsection (c) to read as follows:
(c) It is an offense if a deer breeder traps wild deer in
this state to breed, sell, or transfer.
SECTION 2. Section 43.367, Parks and Wildlife Code, is
amended by amending Subsection (b) and adding Subsections (c), (d),
and (e) to read as follows:
(b) A person who violates Section 43.365 [43.365(a)(1)]
commits an offense that is a Class A Parks and Wildlife Code
misdemeanor.
(c) A person holding a permit issued under this subchapter
is responsible and may be prosecuted for a Class A Parks and
Wildlife Code misdemeanor if an authorized agent or employee of the
person violates this subchapter on land belonging to the person.
(d) On a third or subsequent violation of Section 43.365 by
a person holding a permit issued under this subchapter, the
department shall:
(1) revoke all permits held by the person that are
issued:
(A) under this subchapter; or
(B) by the department and listed under Section
43.357(d);
(2) file a deed restriction that prohibits deer
breeding on the property owned by the person where the violation
occurred; and
(3) confiscate, in accordance with Section 43.368, any
deer held in captivity by the person.
(e) A deed restriction filed under Subsection (d) expires on
the fifth anniversary of the date the deed restriction was filed and
must include a statement to that effect. The deed restriction shall
be filed in the office where real property records are kept for the
county in which the property is located.
SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife
Code, is amended by adding Section 43.368 to read as follows:
Sec. 43.368. DISPOSITION OF DEER HELD IN CAPTIVITY; RULES.
(a) The commission shall adopt rules for the euthanasia of a deer
that:
(1) is being held in captivity by a person whose permit
under this subchapter is revoked; and
(2) does not have the identification required by
Section 43.3561.
(b) A deer shall be considered confiscated game for
disposition under Section 12.110 if the deer:
(1) is being held in captivity by a person whose permit
under this subchapter is revoked; and
(2) has the identification required by Section
43.3561.
SECTION 4. The changes in the law made by this Act apply
only to an offense committed on or after the effective date of this
Act. For the purpose of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before that date. An offense committed before the effective
date of this Act is covered by the law in effect when the offense was
committed, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2011.