Texas 2013 - 83rd Regular

Texas House Bill HB840 Compare Versions

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Old	New	Differences
1	1	83R21094 SGA-D
2	2	By: Guillen, Flynn H.B. No. 840
3	3	Substitute the following for H.B. No. 840:
4	4	By: Larson C.S.H.B. No. 840
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the identification of breeder deer.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 43.3561, Parks and Wildlife Code, is
12	12	amended to read as follows:
13	13	Sec. 43.3561. IDENTIFICATION OF BREEDER DEER. (a) In this
14	14	section:
15	15	(1) "Breeder facility" means a facility regulated
16	16	under this subchapter.
17	17	(2) "Ear tag" means a single, reasonably visible,
18	18	durable identification tag placed in one ear of a breeder deer.
19	19	(3) "Electronic identification device" means:
20	20	(A) an implantable microchip; or
21	21	(B) a radio frequency identification button tag
22	22	placed in one ear of a breeder deer.
23	23	(4) "Tattoo" means a permanent and legible tattoo
24	24	placed in one ear of a breeder deer.
25	25	(b) The primary form of identification for a breeder deer
26	26	must be an ear tag that is permanently and legibly marked with a
27	27	unique identification number as provided by this section.
28	28	(c) The secondary form of identification for a breeder deer
29	29	must be:
30	30	(1) a tattoo; or
31	31	(2) an electronic identification device.
32	32	(d) A breeder deer born before April 1, 2014, must be
33	33	identified by:
34	34	(1) the primary form of identification not later than
35	35	March 31 of the year following the birth of the breeder deer; and
36	36	(2) a secondary form of identification before the
37	37	removal of the breeder deer from a breeder facility.
38	38	(e) A breeder deer born on or after April 1, 2014, must be
39	39	identified with both the primary and a secondary form of
40	40	identification not later than March 31 of the year following the
41	41	birth of the breeder deer.
42	42	(f) Each breeder deer must be assigned a unique
43	43	identification number as follows:
44	44	(1) for a breeder deer born before April 1, 2014, with
45	45	a tattoo as the secondary form of identification, the unique
46	46	identification number is the four-character unique number assigned
47	47	by the department and specific to that deer;
48	48	(2) for a breeder deer born before April 1, 2014, with
49	49	an electronic identification device as the secondary form of
50	50	identification, the unique identification number is a 19-digit
51	51	number consisting of the four-character unique number already
52	52	assigned to that specific deer and the 15-digit number associated
53	53	with the electronic identification device;
54	54	(3) for a breeder deer born on or after April 1, 2014,
55	55	with a tattoo as the secondary form of identification, the unique
56	56	identification number is an alphanumeric identifier of not more
57	57	than five characters assigned by the department; and
58	58	(4) for a breeder deer born on or after April 1, 2014,
59	59	with an electronic identification device as the secondary form of
60	60	identification, the unique identification number is the 15-digit
61	61	number associated with the electronic identification device.
62	62	(g) For a breeder deer described by Subsection (f)(1), (2),
63	63	or (3), the primary form of identification must contain the four- or
64	64	five-character unique number assigned to that specific deer by the
65	65	department.
66	66	(h) For a breeder deer described by Subsection (f)(4), the
67	67	primary form of identification must contain no more than five
68	68	digits of the unique identification number contained in the
69	69	electronic identification device as provided by rule of the
70	70	commission.
71	71	(i) A deer breeder is not required to remove the primary
72	72	form of identification for any purpose but may remove and replace
73	73	the primary form of identification immediately to meet the
74	74	requirements of this section.
75	75	(j) A deer breeder may not remove the secondary form of
76	76	identification unless it is an electronic identification device
77	77	that fails or is lost. The deer breeder shall replace an electronic
78	78	identification device that fails or is lost and report the
79	79	replacement of the device to the department so that a new unique
80	80	identification number can be assigned to that specific breeder
81	81	deer.
82	82	(k) A person may not remove or knowingly permit the removal
83	83	of a breeder deer held in a breeder facility unless the breeder deer
84	84	possesses a secondary form of identification described by this
85	85	section.
86	86	(l) A person may not knowingly accept or permit the
87	87	acceptance of a breeder deer into a breeder facility unless the
88	88	breeder deer possesses a secondary form of identification described
89	89	by this section.
90	90	(m) A deer breeder who uses an electronic identification
91	91	device as a secondary form of identification shall provide an
92	92	authorized employee of the department with a working device capable
93	93	of reading the electronic identification as needed for inspection
94	94	purposes under this subchapter.
95	95	(n) The primary form of identification described in this
96	96	section may be removed from a breeder deer immediately before the
97	97	deer is transported to a release site, provided that the person
98	98	transporting the deer has possession of the ear tag for each deer
99	99	being transported and provides the ear tag to an authorized
100	100	department employee on request for inspection purposes.
101	101	(o) The commission may adopt rules to:
102	102	(1) prescribe eligible forms of electronic
103	103	identification devices to ensure that the identification numbers:
104	104	(A) are unique and conform to appropriate
105	105	standards; and
106	106	(B) can be integrated into the department's deer
107	107	breeder database application;
108	108	(2) designate appropriate locations for the placement
109	109	of an implantable microchip; and
110	110	(3) prescribe reporting procedures for the
111	111	replacement of an electronic identification device that fails or is
112	112	lost. [Not later than March 31 of the year following the year in
113	113	which the breeder deer is born, a breeder deer held in a permitted
114	114	deer breeding facility must be identified by placing on each
115	115	breeder deer possessed by the deer breeder a single, reasonably
116	116	visible, durable identification tag bearing an alphanumeric number
117	117	of not more than four characters assigned by the department to the
118	118	breeding facility in which the breeder deer was born and unique to
119	119	that breeder deer. A deer breeder is not required to remove the tag
120	120	for any purpose but may remove the tag and replace the tag
121	121	immediately to meet the requirements of this section.
122	122	[(b) A person may not remove or knowingly permit the removal
123	123	of a breeder deer held in a facility by a permittee under this
124	124	subchapter unless the breeder deer has been permanently and legibly
125	125	tattooed in one ear with the unique identification number assigned
126	126	to the breeder in lawful possession of the breeder deer and specific
127	127	to the breeding facility in which the breeder deer was born or
128	128	initially introduced if from an out-of-state source.
129	129	[(c) A person may not knowingly accept or permit the
130	130	acceptance of a breeder deer into a facility regulated under this
131	131	subchapter unless the breeder deer has been permanently and legibly
132	132	tattooed in one ear with the unique identification number assigned
133	133	to the breeder in lawful possession of the breeder deer and specific
134	134	to the facility in which the breeder deer was born or initially
135	135	introduced if from an out-of-state source.]
136	136	SECTION 2. Section 43.367(a), Parks and Wildlife Code, is
137	137	amended to read as follows:
138	138	(a) Except as provided by Section 43.3561(n) or Subsection
139	139	(b), a person who violates a provision of this subchapter or a
140	140	regulation of the commission issued under this subchapter or who
141	141	fails to file a full and complete report as required by Section
142	142	43.359 commits an offense that is a Class C Parks and Wildlife Code
143	143	misdemeanor.
144	144	SECTION 3. (a) Not later than March 1, 2014, the Parks and
145	145	Wildlife Commission shall adopt rules as necessary under Section
146	146	43.3561(o), Parks and Wildlife Code, as added by this Act.
147	147	(b) Not later than March 1, 2014, the Parks and Wildlife
148	148	Department shall approve and publish a list of radio frequency
149	149	identification button tags and microchip implants as authorized by
150	150	Section 43.3561(a)(3), Parks and Wildlife Code, as amended by this
151	151	Act.
152	152	SECTION 4. Section 43.367(a), Parks and Wildlife Code, as
153	153	amended by this Act, applies only to an offense committed on or
154	154	after the effective date of this Act. An offense committed before
155	155	the effective date of this Act is governed by the law in effect on
156	156	the date the offense was committed, and the former law is continued
157	157	in effect for that purpose. For purposes of this section, an
158	158	offense was committed before the effective date of this Act if any
159	159	element of the offense occurred before that date.
160	160	SECTION 5. This Act takes effect September 1, 2013.