By: Jackson S.B. No. 499
(In the Senate - Filed February 1, 2011; February 14, 2011,
read first time and referred to Committee on Agriculture and Rural
Affairs; March 30, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 3, Nays 0;
March 30, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 499 By: Jackson
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. Subdivision (5), Section 43.351, Parks and
Wildlife Code, is amended to read as follows:
(5) "Durable identification tag" means a single tag
that is not easily dislodged or removed, is [and] made of a material
that is not likely to disintegrate or decompose, and bears an
alphanumeric identifier approved by the department that is unique
to the breeder deer to which it is attached or implanted. The term
includes a department-approved external tag, microchip implant, or
other identification device that meets the requirements of this
definition. [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) affixing to the deer an external durable
identification tag that is reasonably visible;
(2) implanting a durable identification tag that is a
microchip; or
(3) affixing or implanting, as appropriate, any other
department-approved durable identification tag [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 other department-approved identification device.
SECTION 3. Subsection (b), Section 43.357, 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 section.
SECTION 4. This Act takes effect September 1, 2011.
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