1 | 1 | | 85R9191 SLB-F |
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2 | 2 | | By: Estes S.B. No. 1720 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the identification of breeder deer by use of microchip |
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8 | 8 | | implants. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 43.3561, Parks and Wildlife Code, is |
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11 | 11 | | amended to read as follows: |
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12 | 12 | | Sec. 43.3561. IDENTIFICATION OF BREEDER DEER. (a) Not |
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13 | 13 | | later than March 31 of the year following the year in which a [the] |
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14 | 14 | | breeder deer is born, the [a] breeder deer held in a permitted deer |
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15 | 15 | | breeding facility must be identified by: |
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16 | 16 | | (1) placing on each breeder deer possessed by the deer |
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17 | 17 | | breeder a single, reasonably visible, durable identification tag |
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18 | 18 | | bearing an alphanumeric number of not more than four characters |
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19 | 19 | | assigned by the department to the breeding facility in which the |
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20 | 20 | | breeder deer was born and unique to that breeder deer; or |
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21 | 21 | | (2) implanting in the breeder deer a microchip that is |
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22 | 22 | | programmed to contain the alphanumeric number described by |
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23 | 23 | | Subdivision (1). |
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24 | 24 | | (b) A deer breeder is not required to remove the durable |
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25 | 25 | | identification tag or microchip for any purpose but may remove the |
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26 | 26 | | tag or microchip and replace the tag or microchip immediately to |
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27 | 27 | | meet the requirements of this section. |
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28 | 28 | | (c) Except as provided by Subsection (e), a [(b) A] person |
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29 | 29 | | may not remove or knowingly permit the removal of a breeder deer |
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30 | 30 | | held in a facility by a permittee under this subchapter unless the |
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31 | 31 | | breeder deer has been permanently and legibly tattooed in one ear |
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32 | 32 | | with the unique identification number assigned to the breeder in |
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33 | 33 | | lawful possession of the breeder deer and specific to the breeding |
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34 | 34 | | facility in which the breeder deer was born or initially introduced |
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35 | 35 | | if from an out-of-state source. |
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36 | 36 | | (d) Except as provided by Subsection (e), a [(c) A] person |
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37 | 37 | | may not knowingly accept or permit the acceptance of a breeder deer |
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38 | 38 | | into a facility regulated under this subchapter unless the breeder |
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39 | 39 | | deer has been permanently and legibly tattooed in one ear with the |
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40 | 40 | | unique identification number assigned to the breeder in lawful |
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41 | 41 | | possession of the breeder deer and specific to the facility in which |
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42 | 42 | | the breeder deer was born or initially introduced if from an |
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43 | 43 | | out-of-state source. |
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44 | 44 | | (e) Instead of using a tattoo to identify a breeder deer |
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45 | 45 | | under Subsection (c) or (d), a deer breeder may identify a deer by |
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46 | 46 | | using a department-approved microchip implanted under the deer's |
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47 | 47 | | skin. |
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48 | 48 | | (f) The department annually may inspect a deer breeding |
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49 | 49 | | facility that uses microchip implants to identify breeder deer to |
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50 | 50 | | ensure compliance with this section. |
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51 | 51 | | SECTION 2. Sections 43.357(a-1) and (b), Parks and Wildlife |
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52 | 52 | | Code, are amended to read as follows: |
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53 | 53 | | (a-1) A deer breeder, a deer breeder's authorized agent, or |
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54 | 54 | | an assistant who is not a permittee under this subchapter but is |
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55 | 55 | | acting under the direction of a deer breeder or a deer breeder's |
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56 | 56 | | authorized agent may capture a breeder deer held in a permitted |
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57 | 57 | | facility for: |
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58 | 58 | | (1) removal from an enclosure; |
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59 | 59 | | (2) veterinary treatment; |
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60 | 60 | | (3) tagging or implanting a microchip; |
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61 | 61 | | (4) euthanasia for the purpose of: |
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62 | 62 | | (A) humane dispatch of the breeder deer; or |
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63 | 63 | | (B) the conduct of a test for a reportable |
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64 | 64 | | disease as required by law; or |
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65 | 65 | | (5) any other purpose required or allowed by law. |
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66 | 66 | | (b) The commission may make regulations governing: |
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67 | 67 | | (1) the possession of breeder deer held under the |
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68 | 68 | | authority of this subchapter; |
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69 | 69 | | (2) the recapture of lawfully possessed breeder deer |
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70 | 70 | | that have escaped from the facility of a deer breeder; |
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71 | 71 | | (3) permit applications and fees; |
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72 | 72 | | (4) reporting requirements; |
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73 | 73 | | (5) procedures and requirements for the purchase, |
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74 | 74 | | transfer, sale, or shipment of breeder deer; |
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75 | 75 | | (6) the endorsement of a deer breeder facility by a |
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76 | 76 | | certified wildlife biologist; |
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77 | 77 | | (7) the number of breeder deer that a deer breeder may |
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78 | 78 | | possess; [and] |
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79 | 79 | | (8) the dates for which a deer breeder permit is valid; |
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80 | 80 | | and |
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81 | 81 | | (9) the use of microchip implants for identifying |
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82 | 82 | | breeder deer under this section. |
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83 | 83 | | SECTION 3. This Act takes effect September 1, 2017. |
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