83R21094 SGA-D
By: Guillen, Flynn H.B. No. 840
Substitute the following for H.B. No. 840:
By: Larson C.S.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 43.3561, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.3561. IDENTIFICATION OF BREEDER DEER. (a) In this
section:
(1) "Breeder facility" means a facility regulated
under this subchapter.
(2) "Ear tag" means a single, reasonably visible,
durable identification tag placed in one ear of a breeder deer.
(3) "Electronic identification device" means:
(A) an implantable microchip; or
(B) a radio frequency identification button tag
placed in one ear of a breeder deer.
(4) "Tattoo" means a permanent and legible tattoo
placed in one ear of a breeder deer.
(b) The primary form of identification for a breeder deer
must be an ear tag that is permanently and legibly marked with a
unique identification number as provided by this section.
(c) The secondary form of identification for a breeder deer
must be:
(1) a tattoo; or
(2) an electronic identification device.
(d) A breeder deer born before April 1, 2014, must be
identified by:
(1) the primary form of identification not later than
March 31 of the year following the birth of the breeder deer; and
(2) a secondary form of identification before the
removal of the breeder deer from a breeder facility.
(e) A breeder deer born on or after April 1, 2014, must be
identified with both the primary and a secondary form of
identification not later than March 31 of the year following the
birth of the breeder deer.
(f) Each breeder deer must be assigned a unique
identification number as follows:
(1) for a breeder deer born before April 1, 2014, with
a tattoo as the secondary form of identification, the unique
identification number is the four-character unique number assigned
by the department and specific to that deer;
(2) for a breeder deer born before April 1, 2014, with
an electronic identification device as the secondary form of
identification, the unique identification number is a 19-digit
number consisting of the four-character unique number already
assigned to that specific deer and the 15-digit number associated
with the electronic identification device;
(3) for a breeder deer born on or after April 1, 2014,
with a tattoo as the secondary form of identification, the unique
identification number is an alphanumeric identifier of not more
than five characters assigned by the department; and
(4) for a breeder deer born on or after April 1, 2014,
with an electronic identification device as the secondary form of
identification, the unique identification number is the 15-digit
number associated with the electronic identification device.
(g) For a breeder deer described by Subsection (f)(1), (2),
or (3), the primary form of identification must contain the four- or
five-character unique number assigned to that specific deer by the
department.
(h) For a breeder deer described by Subsection (f)(4), the
primary form of identification must contain no more than five
digits of the unique identification number contained in the
electronic identification device as provided by rule of the
commission.
(i) A deer breeder is not required to remove the primary
form of identification for any purpose but may remove and replace
the primary form of identification immediately to meet the
requirements of this section.
(j) A deer breeder may not remove the secondary form of
identification unless it is an electronic identification device
that fails or is lost. The deer breeder shall replace an electronic
identification device that fails or is lost and report the
replacement of the device to the department so that a new unique
identification number can be assigned to that specific breeder
deer.
(k) A person may not remove or knowingly permit the removal
of a breeder deer held in a breeder facility unless the breeder deer
possesses a secondary form of identification described by this
section.
(l) A person may not knowingly accept or permit the
acceptance of a breeder deer into a breeder facility unless the
breeder deer possesses a secondary form of identification described
by this section.
(m) A deer breeder who uses an electronic identification
device as a secondary form of identification shall provide an
authorized employee of the department with a working device capable
of reading the electronic identification as needed for inspection
purposes under this subchapter.
(n) The primary form of identification described in this
section may be removed from a breeder deer immediately before the
deer is transported to a release site, provided that the person
transporting the deer has possession of the ear tag for each deer
being transported and provides the ear tag to an authorized
department employee on request for inspection purposes.
(o) The commission may adopt rules to:
(1) prescribe eligible forms of electronic
identification devices to ensure that the identification numbers:
(A) are unique and conform to appropriate
standards; and
(B) can be integrated into the department's deer
breeder database application;
(2) designate appropriate locations for the placement
of an implantable microchip; and
(3) prescribe reporting procedures for the
replacement of an electronic identification device that fails or is
lost. [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 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
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
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.]
SECTION 2. Section 43.367(a), Parks and Wildlife Code, is
amended to read as follows:
(a) Except as provided by Section 43.3561(n) 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 3. (a) Not later than March 1, 2014, the Parks and
Wildlife Commission shall adopt rules as necessary under Section
43.3561(o), 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 button tags and microchip implants as authorized by
Section 43.3561(a)(3), Parks and Wildlife Code, as amended by this
Act.
SECTION 4. 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 5. This Act takes effect September 1, 2013.