83R694 CJC-D
By: Kuempel H.B. No. 2092
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of responsibility for regulating deer
breeding from the Parks and Wildlife Department to the Texas Animal
Health Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter L, Chapter 43, Parks and Wildlife
Code, is transferred to Subtitle A, Title 6, Agriculture Code,
redesignated as Chapter 135, Agriculture Code, and amended to read
as follows:
CHAPTER 135 [SUBCHAPTER L]. DEER BREEDER'S PERMIT
Sec. 135.001 [43.351]. DEFINITIONS. In this chapter
[subchapter]:
(1) "Breeder deer" means a white-tailed deer or mule
deer legally held under a permit authorized by this chapter
[subchapter].
(2) "Deer breeder" means a person holding a valid deer
breeder's permit.
(3) "Captivity" means the keeping of a breeder deer in
an enclosure suitable for and capable of retaining the breeder deer
it is designed to retain at all times under reasonable and ordinary
circumstances and to prevent entry by another deer. The term
includes the temporary keeping of a breeder deer in a vehicle or
trailer.
(3-a) "Commission" means the Texas Animal Health
Commission.
(4) "Deer" means a white-tailed deer or mule deer.
(5) "Durable identification tag" means a single tag
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.
(6) "Immediate locality" means land that is contiguous
and that is owned by the same person. For purposes of this
subdivision, land divided or separated only by a public road or a
public waterway is contiguous.
(7) "Transfer" means any movement of breeder deer from
a breeder facility, a nursing facility, or a deer management permit
facility other than to an accredited veterinarian for medical
purposes.
Sec. 135.002 [43.352]. PERMIT AUTHORIZED; DURATION OF
PERMIT. (a) The commission [department] shall issue a permit to a
qualified person to possess live breeder deer in captivity.
(b) The commission [department] may issue a permit under
this section that is valid for longer than one year.
Sec. 135.003 [43.353]. PERMIT IS DEFENSE. In any
prosecution for the unlawful possession or transportation of
[white-tailed deer or mule] deer, the possession of a permit issued
under this chapter [subchapter] to the accused is a complete
defense if the conduct was authorized under the terms of the permit.
Sec. 135.004 [43.356]. SERIAL NUMBER. The commission
[department] shall issue a serial number to a permittee when the
commission [department] issues the permittee a deer breeder's
permit. The same serial number shall be assigned to the permittee
if the commission [department] issues the permittee a subsequent
deer breeder's permit.
Sec. 135.005 [43.3561]. IDENTIFICATION OF BREEDER DEER.
(a) Not later than March 31 of the year following the year in which
the breeder deer is born, a breeder deer held in a permitted deer
breeding facility must be identified by 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 commission [department]
to the breeding facility in which the breeder deer was born and
unique to that breeder deer. A deer breeder is not required to
remove the tag for any purpose but may remove the tag and replace
the tag immediately to meet the requirements of this section.
(b) A person may not remove or knowingly permit the removal
of a breeder deer held in a facility by a permittee under this
chapter [subchapter] unless the breeder deer has been permanently
and legibly tattooed in one ear with the unique 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.
(c) A person may not knowingly accept or permit the
acceptance of a breeder deer into a facility regulated under this
chapter [subchapter] unless the breeder deer has been permanently
and legibly tattooed in one ear with the unique 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.
Sec. 135.006 [43.357]. PERMIT PRIVILEGES; REGULATIONS.
(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.
(a-1) A deer breeder, a deer breeder's authorized agent, or
an assistant who is not a permittee under this chapter [subchapter]
but is acting under the direction of a deer breeder or a deer
breeder's authorized agent may capture a breeder deer held in a
permitted facility for:
(1) removal from an enclosure;
(2) veterinary treatment;
(3) tagging;
(4) euthanasia for the purpose of:
(A) humane dispatch of the breeder deer; or
(B) the conduct of a test for a reportable
disease as required by law; or
(5) any other purpose required or allowed by law.
(b) The commission may make regulations governing:
(1) the possession of breeder deer held under the
authority of this chapter [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.
(c) A person who holds a permit under this chapter
[subchapter] or a person who receives a breeder deer under this
chapter [subchapter] is not required to have the release site
inspected or approved before the release of a breeder deer from a
breeding facility. This section does not preclude the commission
[department] from making a habitat inspection but does direct the
commission [department] to refrain from implementing habitat
inspection rules or procedures that could unreasonably impede the
broader deer breeding industry.
(d) Subsection (c) does not exempt a person from the
requirements under the following permits issued by the Parks and
Wildlife Department [department]:
(1) managed land deer permit regulated under 31 T.A.C.
Sections 65.26 and 65.34;
(2) deer management permit under Section 43.601, Parks
and Wildlife Code;
(3) trap, transport, and transplant permit under
Sections 43.061 and 43.0611, Parks and Wildlife Code;
(4) trap, transport, and process permit under Section
43.0612, Parks and Wildlife Code; and
(5) antlerless deer control permit regulated under 31
T.A.C. Sections 65.25 and 65.27.
Sec. 135.007 [43.358]. INSPECTION. An authorized employee
of the commission [department] may inspect at any time and without
warrant:
(1) any pen, coop, or enclosure holding [white-tailed
deer or mule] deer; or
(2) any records required to be maintained under
Section 135.008(a) [43.359(a)].
Sec. 135.008 [43.359]. RECORDS AND REPORTS. (a) A deer
breeder shall maintain an accurate and legible record of all
breeder deer acquired, purchased, propagated, sold, transferred,
or disposed of and any other information required by the commission
[department] that reasonably relates to the regulation of deer
breeders.
(b) A deer breeder shall report the information maintained
under Subsection (a) to the commission [department] as the
commission by rule may require.
(c) On the request of an authorized commission employee [a
game warden] acting within the scope of the employee's [game
warden's] authority, a deer breeder shall make any information
required under this chapter [subchapter] for the previous two
reporting years available to the commission[:
[(1) the game warden; or
[(2) another authorized department] employee.
Sec. 135.009 [43.360]. ENCLOSURE SIZE. A single enclosure
for breeder deer may not contain more than 100 acres.
Sec. 135.010 [43.362]. TRANSFER, PURCHASE, OR SALE OF LIVE
BREEDER DEER. (a) Only breeder deer that are in a healthy
condition may be sold, transferred, bartered, or exchanged, or
offered for sale, transfer, barter, or exchange, by a deer breeder.
(b) Except as provided by Subchapter C, Chapter 43, Parks
and Wildlife Code, or by a rule adopted by the commission under this
chapter [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 commission [department].
Sec. 135.011 [43.363]. TRANSFER DURING OPEN SEASON. (a)
During an open hunting season for deer or during the 10-day period
immediately preceding an open hunting season, no person in this
state may sell, transfer, ship, or transport a breeder deer unless
the person:
(1) has removed the antlers of the breeder deer
between the G-3 tine, as defined by the Boone and Crockett Club, and
the pedicel on each antler main beam; and
(2) has followed any procedure prescribed by rule of
the commission for the lawful conduct of activities under this
chapter [subchapter].
(b) Subsection (a) does not apply to a sale, transfer,
shipment, or transport:
(1) to another deer breeder's facility; or
(2) to an enclosure authorized under a deer management
permit issued by the Parks and Wildlife Department.
(c) The commission shall adopt rules governing a transfer
permit under this section.
Sec. 135.012 [43.364]. USE OF BREEDER DEER. 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 commission [department]
under this chapter [subchapter].
Sec. 135.013 [43.365]. PROHIBITED ACTS. (a) It is an
offense if a deer breeder or another person:
(1) allows the hunting or killing of a breeder deer or
any other deer held in captivity in a facility permitted under this
chapter [subchapter], except as provided by this chapter
[subchapter] or a rule adopted by the commission under this chapter
[subchapter]; or
(2) knowingly sells, arranges the sale of, purchases,
transfers, receives, or attempts to sell, arrange the sale of,
purchase, transfer, or receive a live breeder deer in violation of
this chapter [subchapter] or a rule adopted by the commission under
this chapter [subchapter].
(b) It is an offense if a deer breeder fails to furnish to an
[a game warden commissioned by the department or other] authorized
commission [department] employee records for the previous two
reporting years required to be maintained under Section 135.008(a)
[43.359(a)].
Sec. 135.014 [43.366]. APPLICATION OF OTHER LAWS. (a) In
order that native species may be preserved, breeder deer held under
a deer breeder's permit are subject to all laws and regulations of
this state pertaining to deer except as specifically provided in
this chapter [subchapter].
(b) This chapter [subchapter] may not be construed to
restrict or prohibit the use of high fences.
Sec. 135.015 [43.367]. PENALTY. (a) Except as provided by
Subsection (b), a person who violates a provision of this chapter
[subchapter] or a regulation of the commission issued under this
chapter [subchapter] or who fails to file a full and complete report
as required by Section 135.008 [43.359] commits an offense that is a
Class C [Parks and Wildlife Code] misdemeanor.
(b) A person who violates Section 135.013(a)(1)
[43.365(a)(1)] commits an offense that is a Class A [Parks and
Wildlife Code] misdemeanor.
Sec. 135.016 [43.369]. DEER BREEDER DATABASE. (a) In this
section, "database" means a deer breeder database used by the
commission [department].
(b) The commission [department in conjunction with the
Texas Animal Health Commission, not later than June 1, 2010,] shall
[develop and] maintain a [process for a] database that includes [to
be shared by both agencies. The database must include] the
reporting data required to be provided by each deer breeder[:
[(1)] to the commission [department] under this
chapter [subchapter; and
[(2) to the Texas Animal Health Commission].
(c) [To the extent possible, the department and the Texas
Animal Health Commission shall share the database to eliminate the
need for a deer breeder to submit duplicate reports to the two
agencies.
[(d)] The commission [Parks and Wildlife Commission and the
Texas Animal Health Commission], by rule, shall provide incentives
to deer breeders whose cooperation results in reduced costs and
increased efficiency by offering:
(1) reduced fees for the deer breeder permit; and
(2) a permit with an extended duration.
(d) [(e)] The commission [Parks and Wildlife Commission and
the Texas Animal Health Commission] may adopt rules to implement
this section.
SECTION 2. (a) On January 1, 2014, the following are
transferred to the Texas Animal Health Commission:
(1) all powers, duties, obligations, and liabilities
of the Parks and Wildlife Department relating to:
(A) the issuance of deer breeder's permits; and
(B) the maintenance and operation of the deer
breeder database under Section 43.369, Parks and Wildlife Code, as
that section existed before the effective date of this Act;
(2) all unobligated and unexpended funds appropriated
to the Parks and Wildlife Department designated for the
administration of Subchapter L, Chapter 43, Parks and Wildlife
Code;
(3) all equipment and property of the Parks and
Wildlife Department used for the administration of Subchapter L,
Chapter 43, Parks and Wildlife Code; and
(4) all files and other records of the Parks and
Wildlife Department kept by the department regarding deer breeder's
permits.
(b) A rule adopted by the Parks and Wildlife Department that
is in effect immediately before January 1, 2014, and that relates to
deer breeder's permits is, on January 1, 2014, a rule of the Texas
Animal Health Commission and remains in effect until amended or
repealed by the Texas Animal Health Commission.
(c) Before January 1, 2014, the Parks and Wildlife
Department may agree with the Texas Animal Health Commission to
transfer any property of the Parks and Wildlife Department to the
Texas Animal Health Commission to implement the transfer required
by this Act.
(d) In the period beginning on the effective date of this
Act and ending on January 1, 2014, the Parks and Wildlife Department
shall continue to perform functions and activities under Subchapter
L, Chapter 43, Parks and Wildlife Code, as if that subchapter had
not been amended by this Act, and the former law is continued in
effect for that purpose.
SECTION 3. (a) A person who holds a deer breeder's permit
issued by the Parks and Wildlife Department that is in effect on the
effective date of this Act holds a deer breeder's permit under
Chapter 135, Agriculture Code, as added by this Act, that expires on
March 31, 2014.
(b) Before March 31, 2014, the Texas Animal Health
Commission may not use a different numbering system than that used
by the Parks and Wildlife Department under Section 43.356, Parks
and Wildlife Code, as that section existed before the effective
date of this Act, for assigning serial numbers under Chapter 135,
Agriculture Code, as added by this Act.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2013.