Texas 2015 - 84th Regular

Texas House Bill HB3272 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Guillen H.B. No. 3272
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the identification of breeder deer.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 43.351(5), Parks and Wildlife Code, is
9	9	amended to read as follows:
10	10	(5) "Primary ["Durable] identification tag" means a
11	11	single tag described by Section 43.3561 that is used as the primary
12	12	tag required to identify a breeder deer [not easily dislodged or
13	13	removed and made of a material that is not likely to disintegrate or
14	14	decompose]. The term includes[, but is not limited to,] newly
15	15	developed technologies approved for use by the department,
16	16	including radio frequency identification tags.
17	17	SECTION 2. Section 43.3561, Parks and Wildlife Code, is
18	18	amended to read as follows:
19	19	Sec. 43.3561. IDENTIFICATION OF BREEDER DEER. (a) Not
20	20	later than March 31 of the year following the year in which the
21	21	breeder deer is born, a breeder deer held in a permitted deer
22	22	breeding facility must be primarily identified by placing on each
23	23	breeder deer possessed by the deer breeder a single, reasonably
24	24	visible, durable identification tag bearing an identification
25	25	[alphanumeric] number [of not more than four characters assigned by
26	26	the department to the breeding facility in which the breeder deer
27	27	was born and] unique to that breeder deer. The primary
28	28	identification tag must be an ear dangle tag or button tag that uses
29	29	radio frequency identification technology as permitted by 43.3562
30	30	.
31	31	(b) The primary identification tag must be designed so that
32	32	it is not easily dislodged or removed and made of a durable material
33	33	that is not likely to disintegrate or decompose.
34	34	(c) A deer breeder is not required to remove the primary
35	35	identification tag for any purpose but may remove the tag and
36	36	replace the tag immediately to meet the requirements of this
37	37	section.
38	38	(d) [(b)] A person may not remove or knowingly permit the
39	39	removal of a breeder deer held in a facility by a permittee under
40	40	this subchapter unless:
41	41	(1) the breeder deer has been permanently and legibly
42	42	tattooed in one ear with the unique identification number assigned
43	43	to the breeder in lawful possession of the breeder deer and specific
44	44	to the breeding facility in which the breeder deer was born or
45	45	initially introduced if from an out-of-state source; or
46	46	(2) the deer breeder has attached to the deer a button
47	47	tag that uses radio frequency identification technology as
48	48	permitted by Section 43.3562(d).
49	49	(e) [(c)] A person may not knowingly accept or permit the
50	50	acceptance of a breeder deer into a facility regulated under this
51	51	subchapter unless:
52	52	(1) the breeder deer has been permanently and legibly
53	53	tattooed in one ear with the unique identification number assigned
54	54	to the breeder in lawful possession of the breeder deer and specific
55	55	to the facility in which the breeder deer was born or initially
56	56	introduced if from an out-of-state source; or
57	57	(2) the deer breeder has attached to the deer a button
58	58	tag that uses radio frequency identification technology as
59	59	permitted by Section 43.3562(d).
60	60	SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife
61	61	Code, is amended by adding Sections 43.3562 and 43.3581 to read as
62	62	follows:
63	63	Sec. 43.3562. ALTERNATIVE UNIQUE NUMBERING SYSTEMS. (a)
64	64	The commission by rule shall adopt electronically readable radio
65	65	frequency identification numbering systems that may be used by a
66	66	deer breeder to identify breeder deer.
67	67	(b) The department shall review and approve button tags that
68	68	use the radio frequency identification numbering systems adopted
69	69	under Subsection (a). The department shall publish on the
70	70	department's website a list of the approved identification tags.
71	71	(c) On request by a deer breeder and to the extent possible,
72	72	the department shall assign a four-digit alphanumeric
73	73	identification number to uniquely identify a breeder deer for use
74	74	on the deer's primary identification tag or tattoo. If the
75	75	four-digit identification system becomes impracticable, the
76	76	commission by rule shall coordinate the use of electronically
77	77	readable radio frequency identification numbers described by
78	78	Subsection (d) with the four-digit system to the extent required by
79	79	this subchapter.
80	80	(d) A deer breeder may use a button tag approved by the
81	81	department under Subsection (b) as a substitute for an ear tattoo
82	82	for identifying a breeder deer. The deer breeder must register the
83	83	unique number encoded in the tag with the department.
84	84	(e) The department's database for breeder deer must allow a
85	85	single breeder deer to be uniquely identified by any of the
86	86	following identifying numbers or combinations of numbers and
87	87	alphabetic characters:
88	88	(1) a unique alphanumeric identifier assigned by the
89	89	department to that deer; or
90	90	(2) a unique identification number for that deer
91	91	registered under Subsection (d).
92	92	(f) A deer breeder that uses an electronically readable
93	93	identification system shall provide an authorized employee of the
94	94	department with a working device capable of reading the electronic
95	95	numbers as needed for inspection purposes under this subchapter.
96	96	The employee shall accept an electronically readable number that is
97	97	registered with the department as valid.
98	98	(g) The commission may adopt rules and procedures to
99	99	implement the use of alternative numbering systems under this
100	100	section.
101	101	Sec. 43.3581. PRIMARY IDENTIFICATION TAG EXCEPTION. The
102	102	primary identification tag on a breeder deer may be removed before
103	103	transporting the deer to a release site provided that the person
104	104	transporting the deer has possession of the tag for each deer being
105	105	transported and provides the tag to an authorized department
106	106	employee on request for inspection purposes.
107	107	SECTION 4. Section 43.367(a), Parks and Wildlife Code, is
108	108	amended to read as follows:
109	109	(a) Except as provided by Section 43.3581 or Subsection (b),
110	110	a person who violates a provision of this subchapter or a regulation
111	111	of the commission issued under this subchapter or who fails to file
112	112	a full and complete report as required by Section 43.359 commits an
113	113	offense that is a Class C Parks and Wildlife Code misdemeanor.
114	114	SECTION 5. (a) Not later than March 1, 2016, the Parks and
115	115	Wildlife Commission shall adopt electronically readable
116	116	alternative identification numbering systems required by Section
117	117	43.3562(a), Parks and Wildlife Code, as added by this Act.
118	118	(b) Not later than March 1, 2016, the Parks and Wildlife
119	119	Department shall approve and publish a list of button tags that use
120	120	radio frequency identification technology as required by Section
121	121	43.3562(b), Parks and Wildlife Code, as added by this Act.
122	122	SECTION 6. Section 43.367(a), Parks and Wildlife Code, as
123	123	amended by this Act, applies only to an offense committed on or
124	124	after the effective date of this Act. An offense committed before
125	125	the effective date of this Act is governed by the law in effect on
126	126	the date the offense was committed, and the former law is continued
127	127	in effect for that purpose. For purposes of this section, an offense
128	128	was committed before the effective date of this Act if any element
129	129	of the offense occurred before that date.
130	130	SECTION 7. This Act takes effect September 1, 2015.