Texas 2017 - 85th Regular

Texas House Bill HB3723 Compare Versions

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1-85R17978 SLB-F
21 By: Phillips H.B. No. 3723
3- Substitute the following for H.B. No. 3723:
4- By: Gervin-Hawkins C.S.H.B. No. 3723
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
9- relating to allowing a deer breeder to transfer and sell for
6+ re
7+ lating to allowing a deer breeder to transfer and sell for
108 processing as venison certain breeder deer.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1210 SECTION 1. Sections 43.357(a) and (b), Parks and Wildlife
1311 Code, are amended to read as follows:
1412 (a) The holder of a valid deer breeder's permit may:
1513 (1) engage in the business of breeding breeder deer in
1614 the immediate locality for which the permit was issued; [and]
1715 (2) sell, transfer to another person, or hold in
1816 captivity live breeder deer for the purpose of propagation or sale;
1917 and
2018 (3) transfer and sell live breeder deer not needed for
2119 propagation for the purpose of processing and sale as venison.
2220 (b) The commission may make regulations governing:
2321 (1) the possession of breeder deer held under the
2422 authority of this subchapter;
2523 (2) the recapture of lawfully possessed breeder deer
2624 that have escaped from the facility of a deer breeder;
2725 (3) permit applications and fees;
2826 (4) reporting requirements;
2927 (5) procedures and requirements for the purchase,
3028 transfer, sale, or shipment of breeder deer;
3129 (6) the endorsement of a deer breeder facility by a
3230 certified wildlife biologist;
3331 (7) the number of breeder deer that a deer breeder may
3432 possess; [and]
3533 (8) the dates for which a deer breeder permit is valid;
3634 and
3735 (9) procedures for the identification, transfer, and
3836 sale of live breeder deer not needed for propagation for the purpose
3937 of processing and sale as venison.
4038 SECTION 2. Section 43.364, Parks and Wildlife Code, is
4139 amended to read as follows:
4240 Sec. 43.364. USE OF BREEDER DEER. (a) Except as provided
4341 by Subsection (b), breeder [Breeder] deer may be purchased, sold,
4442 transferred, or received in this state only for the purposes of
4543 liberation or holding for propagation. All breeder deer and
4644 increase from breeder deer are under the full force of the laws of
4745 this state pertaining to deer, and those breeder deer may be held in
4846 captivity for propagation in this state only after a deer breeder's
4947 permit is issued by the department under this subchapter.
5048 (b) Live breeder deer not needed for propagation may be
5149 transferred, processed, and sold as venison only in accordance with
5250 Section 43.357 and either:
5351 (1) Chapter 433, Health and Safety Code, and rules
5452 adopted under that chapter; or
5553 (2) 9 C.F.R. Part 352, as authorized by the federal
5654 Agricultural Marketing Act of 1946 (7 U.S.C. Section 1621 et seq.).
5755 SECTION 3. Subchapter A, Chapter 433, Health and Safety
5856 Code, is amended by adding Section 433.010 to read as follows:
5957 Sec. 433.010. APPLICABILITY OF CHAPTER TO BREEDER DEER.
6058 (a) In this section, "breeder deer" has the meaning assigned by
6159 Section 43.351, Parks and Wildlife Code.
6260 (b) This chapter applies to breeder deer, identified by the
6361 Parks and Wildlife Department for the purpose of processing and
6462 sale as venison, in the same manner that the chapter applies to an
6563 exotic animal.
6664 SECTION 4. This Act takes effect September 1, 2017.