1 | 1 | | 89R11941 BEE-D |
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2 | 2 | | By: Curry H.B. No. 3607 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the regulation of deer breeding by the Parks and |
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10 | 10 | | Wildlife Department. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 58.002(1), Agriculture Code, is amended |
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13 | 13 | | to read as follows: |
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14 | 14 | | (1) "Agricultural business" means: |
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15 | 15 | | (A) a business that is or proposes to be engaged |
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16 | 16 | | in producing, processing, marketing, or exporting an agricultural |
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17 | 17 | | product; |
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18 | 18 | | (B) an eligible applicant as defined in |
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19 | 19 | | Subchapter E; |
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20 | 20 | | (C) the entity designated to carry out boll |
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21 | 21 | | weevil eradication in accordance with Section 74.1011; |
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22 | 22 | | (D) any agriculture-related business in rural |
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23 | 23 | | areas of Texas including a business that provides recreational |
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24 | 24 | | activities, including hiking, fishing, hunting, or any other |
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25 | 25 | | activity associated with the enjoyment of nature or the outdoors on |
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26 | 26 | | agricultural land; |
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27 | 27 | | (E) a state agency or an institution of higher |
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28 | 28 | | education that is engaged in producing an agricultural product; or |
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29 | 29 | | (F) [a business that holds a permit under |
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30 | 30 | | Subchapter L, Chapter 43, Parks and Wildlife Code; or |
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31 | 31 | | [(G)] any other business in a rural area of this |
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32 | 32 | | state. |
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33 | 33 | | SECTION 2. Section 12.601, Parks and Wildlife Code, is |
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34 | 34 | | amended to read as follows: |
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35 | 35 | | Sec. 12.601. APPLICABILITY OF SUBCHAPTER. This subchapter |
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36 | 36 | | applies only to the following permits: |
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37 | 37 | | (1) a trap, transport, and transplant permit under |
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38 | 38 | | Section 43.061 or 43.0611; |
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39 | 39 | | (2) a trap, transport, and process permit under |
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40 | 40 | | Section 43.0612; |
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41 | 41 | | (3) [a deer breeder's permit under Subchapter L, |
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42 | 42 | | Chapter 43; |
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43 | 43 | | [(4)] a white-tailed deer management permit under |
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44 | 44 | | Subchapter R, Chapter 43; and |
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45 | 45 | | (4) [(5)] a mule deer management permit under |
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46 | 46 | | Subchapter R-1, Chapter 43. |
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47 | 47 | | SECTION 3. The heading to Subchapter L, Chapter 43, Parks |
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48 | 48 | | and Wildlife Code, is amended to read as follows: |
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49 | 49 | | SUBCHAPTER L. BREEDER DEER [BREEDER'S PERMIT] |
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50 | 50 | | SECTION 4. Section 43.351(1), Parks and Wildlife Code, is |
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51 | 51 | | amended to read as follows: |
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52 | 52 | | (1) "Breeder deer" means a white-tailed deer or mule |
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53 | 53 | | deer legally held under [a permit authorized by] this subchapter. |
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54 | 54 | | SECTION 5. Subchapter L, Chapter 43, Parks and Wildlife |
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55 | 55 | | Code, is amended by adding Section 43.3515 to read as follows: |
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56 | 56 | | Sec. 43.3515. POSSESSION OF BREEDER DEER. A person may |
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57 | 57 | | possess live breeder deer for the purpose of propagation if the deer |
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58 | 58 | | are at all times surrounded by a fence not less than eight feet in |
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59 | 59 | | height. |
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60 | 60 | | SECTION 6. Section 43.361(a), Parks and Wildlife Code, is |
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61 | 61 | | amended to read as follows: |
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62 | 62 | | (a) A release site onto which breeder deer are liberated |
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63 | 63 | | must be surrounded by a fence not less than eight [seven] feet in |
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64 | 64 | | height that is capable of retaining deer at all times under |
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65 | 65 | | reasonable and ordinary circumstances. |
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66 | 66 | | SECTION 7. Section 43.367, Parks and Wildlife Code, is |
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67 | 67 | | amended to read as follows: |
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68 | 68 | | Sec. 43.367. PENALTY. A [(a) Except as provided by |
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69 | 69 | | Subsection (b), a] person who violates a provision of this |
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70 | 70 | | subchapter [or a regulation of the commission issued under this |
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71 | 71 | | subchapter or who fails to file a full and complete report as |
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72 | 72 | | required by Section 43.359] commits an offense that is a Class C |
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73 | 73 | | Parks and Wildlife Code misdemeanor. |
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74 | 74 | | [(b) A person who violates Section 43.365(a)(1) commits an |
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75 | 75 | | offense that is a Class A Parks and Wildlife Code misdemeanor.] |
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76 | 76 | | SECTION 8. Section 43.951, Parks and Wildlife Code, is |
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77 | 77 | | amended to read as follows: |
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78 | 78 | | Sec. 43.951. APPLICABILITY. This subchapter applies only |
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79 | 79 | | to the disposition of [the following deer: |
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80 | 80 | | [(1) deer held at a facility covered by a permit issued |
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81 | 81 | | under Subchapter L; |
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82 | 82 | | [(2)] deer on acreage covered by a permit issued under |
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83 | 83 | | Subchapter R or [; and |
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84 | 84 | | [(3) deer on acreage covered by a permit issued under |
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85 | 85 | | Subchapter] R-1. |
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86 | 86 | | SECTION 9. Sections 43.952(2) and (3), Parks and Wildlife |
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87 | 87 | | Code, are amended to read as follows: |
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88 | 88 | | (2) "Permit" means a permit issued under Subchapter |
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89 | 89 | | [L,] R[,] or R-1. |
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90 | 90 | | (3) "Permit holder" means a person to whom a permit is |
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91 | 91 | | issued under Subchapter [L,] R[,] or R-1. |
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92 | 92 | | SECTION 10. Section 43.955(a), Parks and Wildlife Code, is |
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93 | 93 | | amended to read as follows: |
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94 | 94 | | (a) The applicable permit holder shall pay all costs |
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95 | 95 | | associated with: |
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96 | 96 | | (1) an epidemiological assessment conducted under |
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97 | 97 | | this subchapter to the animal health commission; and |
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98 | 98 | | (2) [except as provided by Subsection (b),] the |
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99 | 99 | | destruction of deer under this subchapter to the department. |
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100 | 100 | | SECTION 11. The following provisions of the Parks and |
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101 | 101 | | Wildlife Code are repealed: |
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102 | 102 | | (1) Sections 43.351(2), (3), (4), (6), and (7); |
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103 | 103 | | (2) Sections 43.352, 43.353, 43.356, 43.3561, 43.357, |
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104 | 104 | | 43.358, 43.359, 43.3591, 43.360, 43.362, 43.363, 43.364, 43.365, |
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105 | 105 | | 43.366, and 43.369; and |
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106 | 106 | | (3) Sections 43.955(b) and (c). |
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107 | 107 | | SECTION 12. As soon as practicable after the effective date |
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108 | 108 | | of this Act, the Parks and Wildlife Commission shall adopt, amend, |
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109 | 109 | | or repeal rules as necessary to implement the changes in law made by |
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110 | 110 | | this Act. |
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111 | 111 | | SECTION 13. This Act takes effect September 1, 2025. |
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