1 | 1 | | 89R11951 AB-D |
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2 | 2 | | By: Hall S.B. No. 2648 |
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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 identification of breeder deer. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Sections 43.3561(b), (f), (g), (h), and (j), |
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12 | 12 | | Parks and Wildlife Code, are amended to read as follows: |
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13 | 13 | | (b) Not later than March 31 of the year following the year in |
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14 | 14 | | which a breeder deer is born, the breeder deer must be identified |
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15 | 15 | | by[: |
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16 | 16 | | [(1) attaching an identification tag to the pinna of |
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17 | 17 | | either ear of the breeder deer in a manner so that the face of the |
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18 | 18 | | tag is clearly visible on the anterior side of the ear; and |
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19 | 19 | | [(2)] applying a single electronic identification |
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20 | 20 | | device in accordance with Subsection (f). |
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21 | 21 | | (f) An electronic identification device applied under |
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22 | 22 | | Subsection (b) [(b)(2)] must be approved by the United States |
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23 | 23 | | Department of Agriculture and have an associated 15-digit animal |
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24 | 24 | | identification number that begins with 840. If the electronic |
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25 | 25 | | identification device is a button tag, the button tag must be |
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26 | 26 | | attached to the pinna of either ear of the breeder deer. If the |
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27 | 27 | | electronic identification device is an implant, the implant may not |
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28 | 28 | | be implanted in edible muscle. No person may remove an electronic |
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29 | 29 | | identification device except as necessary to comply with Subsection |
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30 | 30 | | (h). |
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31 | 31 | | (g) The department shall create and maintain a database |
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32 | 32 | | containing electronic identification device numbers entered by |
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33 | 33 | | deer breeders. An electronic identification device [applied under |
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34 | 34 | | Subsection (b)(2)] is valid for purposes of Subsection (b) only if |
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35 | 35 | | the number associated with the device has been entered into the |
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36 | 36 | | department database and corresponds with the unique identifier |
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37 | 37 | | assigned to the breeder deer to or in which the device is attached |
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38 | 38 | | or implanted. In making a determination to destroy a deer under |
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39 | 39 | | Section 43.953, the department shall consider an electronic |
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40 | 40 | | identification device that meets the requirements of this section |
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41 | 41 | | as evidence of positive identification for a breeder deer that |
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42 | 42 | | cannot be identified by [either] the [identification tag or] tattoo |
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43 | 43 | | required by Subsection [(b) or] (j), provided that the deer breeder |
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44 | 44 | | entered the electronic identification device number into the |
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45 | 45 | | database before the identity of the breeder deer was in question as |
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46 | 46 | | determined by the department. |
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47 | 47 | | (h) A deer breeder immediately shall replace an electronic |
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48 | 48 | | identification device [tag] that has been dislodged, damaged, or |
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49 | 49 | | removed by means other than human agency to the extent that the |
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50 | 50 | | device [identification tag] does not meet the requirements of |
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51 | 51 | | Subsections (b) and (f) [(c)] with another electronic |
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52 | 52 | | identification device [tag] that meets the requirements of |
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53 | 53 | | Subsections (b) and (f) [(c), except that a deer breeder may create |
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54 | 54 | | and attach a replacement identification tag. A replacement |
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55 | 55 | | identification tag must: |
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56 | 56 | | [(1) be clearly visible; |
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57 | 57 | | [(2) have legible text written with a tag pen |
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58 | 58 | | manufactured for use with the tag; and |
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59 | 59 | | [(3) meet the requirements of Subsections (b)(1) and |
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60 | 60 | | (c), except for the requirement that the text be placed on the tag |
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61 | 61 | | by the manufacturer]. |
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62 | 62 | | (j) A person may not remove or knowingly permit the removal |
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63 | 63 | | of a breeder deer held in a facility by a permittee under this |
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64 | 64 | | subchapter unless the breeder deer has been identified by applying |
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65 | 65 | | a tattoo to the inner portion of either ear of the deer that: |
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66 | 66 | | (1) is made with commercially available #300 or 5/16 |
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67 | 67 | | inch tattoo letters and numbers; |
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68 | 68 | | (2) is legible, permanent, and green or black; and |
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69 | 69 | | (3) bears the same unique identifier associated with |
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70 | 70 | | the electronic identification device under Subsection (g) [printed |
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71 | 71 | | on the identification tag attached to the deer under Subsection |
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72 | 72 | | (c)]. |
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73 | 73 | | SECTION 2. The following provisions of the Parks and |
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74 | 74 | | Wildlife Code are repealed: |
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75 | 75 | | (1) Sections 43.3561(a)(1) and (3); and |
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76 | 76 | | (2) Sections 43.3561(c), (d), (e), and (i). |
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77 | 77 | | SECTION 3. The changes in law made by this Act to Section |
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78 | 78 | | 43.3561, Parks and Wildlife Code, apply only to a breeder deer born |
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79 | 79 | | on or after the effective date of this Act. A breeder deer born |
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80 | 80 | | before the effective date of this Act is governed by the law in |
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81 | 81 | | effect on the date the breeder deer was born, and the former law is |
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82 | 82 | | continued in effect for that purpose. |
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83 | 83 | | SECTION 4. This Act takes effect September 1, 2025. |
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