83R5360 SGA-F
By: Guillen H.B. No. 840
A BILL TO BE ENTITLED
AN ACT
relating to the identification of breeder deer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.351(5), Parks and Wildlife Code, is
amended to read as follows:
(5) "Durable identification tag" means a single tag
described by Section 43.3561 that is used to identify a breeder deer
[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 approved for use by
the department, 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 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, external, reasonably
visible, durable identification tag bearing an identification
[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) The durable identification tag must be designed so that
it is not easily dislodged or removed and made of a material that is
not likely to disintegrate or decompose. The durable
identification tag may be of any type approved by the department.
(c) 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.
(d) [(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:
(1) 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; or
(2) the deer breeder has implanted in the deer an
implantable microchip as permitted by Section 43.3562(e).
(e) [(c)] A person may not knowingly accept or permit the
acceptance of a breeder deer into a facility regulated under this
subchapter unless:
(1) 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; or
(2) the deer breeder has implanted in the deer an
implantable microchip as permitted by Section 43.3562(e).
SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife
Code, is amended by adding Section 43.3562 to read as follows:
Sec. 43.3562. ALTERNATIVE UNIQUE NUMBERING SYSTEMS. (a)
The commission by rule shall adopt electronically readable
identification systems such as the National Animal Identification
System maintained by the United States Department of Agriculture
and implantable microchip numbering systems that may be used by a
deer breeder to identify breeder deer.
(b) The department shall review and approve radio frequency
identification tags and microchip implants that use the numbering
systems adopted under Subsection (a). The department shall publish
on the department's website a list of the approved identification
tags and implants.
(c) On request by a deer breeder and to the extent possible,
the department shall assign a four-digit alphanumeric
identification number to uniquely identify a breeder deer for use
on the deer's external durable identification tag or tattoo. If the
four-digit identification system becomes impracticable, the
commission by rule shall coordinate the use of electronically
readable identification numbers described by Subsections (d) and
(e) with the four-digit system to the extent required by this
subchapter.
(d) A deer breeder may use an external radio frequency
identification tag approved by the department with a numbering
system adopted under Subsection (a) as an external durable
identification tag for identifying a breeder deer. The deer
breeder must register the unique number encoded in the tag with the
department.
(e) A deer breeder may use an implantable microchip approved
by the department with a numbering system adopted under Subsection
(a) as a substitute for an ear tattoo. The deer breeder must
register the unique number encoded in the implantable microchip
with the department.
(f) The department's database for breeder deer must allow a
single breeder deer to be uniquely identified by any of the
following identifying numbers or combinations of numbers and
alphabetic characters:
(1) a unique alphanumeric identifier assigned by the
department to that deer;
(2) a unique identification number for that deer
registered under Subsection (d); or
(3) a unique identification number for that deer
registered under Subsection (e).
(g) A deer breeder that uses an electronically readable
identification system shall provide an authorized employee of the
department with a working device capable of reading the electronic
numbers as needed for inspection purposes under this subchapter.
The employee shall accept an electronically readable number that is
registered with the department as valid.
(h) The commission may adopt rules and procedures to
implement the use of alternative numbering systems under this
section.
SECTION 4. Subchapter L, Chapter 43, Parks and Wildlife
Code, is amended by adding Section 43.3581 to read as follows:
Sec. 43.3581. DURABLE IDENTIFICATION TAG EXCEPTION. The
durable identification tag on a breeder deer may be removed before
transporting the deer to a release site provided that the person
transporting the deer has possession of the tag for each deer being
transported and provides the tag to an authorized department
employee on request for inspection purposes.
SECTION 5. Section 43.367(a), Parks and Wildlife Code, is
amended to read as follows:
(a) Except as provided by Section 43.3581 or Subsection (b),
a person who violates a provision of this subchapter or a regulation
of the commission issued under this subchapter or who fails to file
a full and complete report as required by Section 43.359 commits an
offense that is a Class C Parks and Wildlife Code misdemeanor.
SECTION 6. (a) Not later than March 1, 2014, the Parks and
Wildlife Commission shall adopt alternative identification
numbering systems required by Section 43.3562(a), Parks and
Wildlife Code, as added by this Act.
(b) Not later than March 1, 2014, the Parks and Wildlife
Department shall approve and publish a list of radio frequency
identification tags and microchip implants as required by Section
43.3562(b), Parks and Wildlife Code, as added by this Act.
SECTION 7. Section 43.367(a), Parks and Wildlife Code, as
amended 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 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.