89R11951 AB-D
By: Hall S.B. No. 2648
A BILL TO BE ENTITLED
AN ACT
relating to the identification of breeder deer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 43.3561(b), (f), (g), (h), and (j),
Parks and Wildlife Code, are amended to read as follows:
(b) Not later than March 31 of the year following the year in
which a breeder deer is born, the breeder deer must be identified
by[:
[(1) attaching an identification tag to the pinna of
either ear of the breeder deer in a manner so that the face of the
tag is clearly visible on the anterior side of the ear; and
[(2)] applying a single electronic identification
device in accordance with Subsection (f).
(f) An electronic identification device applied under
Subsection (b) [(b)(2)] must be approved by the United States
Department of Agriculture and have an associated 15-digit animal
identification number that begins with 840. If the electronic
identification device is a button tag, the button tag must be
attached to the pinna of either ear of the breeder deer. If the
electronic identification device is an implant, the implant may not
be implanted in edible muscle. No person may remove an electronic
identification device except as necessary to comply with Subsection
(h).
(g) The department shall create and maintain a database
containing electronic identification device numbers entered by
deer breeders. An electronic identification device [applied under
Subsection (b)(2)] is valid for purposes of Subsection (b) only if
the number associated with the device has been entered into the
department database and corresponds with the unique identifier
assigned to the breeder deer to or in which the device is attached
or implanted. In making a determination to destroy a deer under
Section 43.953, the department shall consider an electronic
identification device that meets the requirements of this section
as evidence of positive identification for a breeder deer that
cannot be identified by [either] the [identification tag or] tattoo
required by Subsection [(b) or] (j), provided that the deer breeder
entered the electronic identification device number into the
database before the identity of the breeder deer was in question as
determined by the department.
(h) A deer breeder immediately shall replace an electronic
identification device [tag] that has been dislodged, damaged, or
removed by means other than human agency to the extent that the
device [identification tag] does not meet the requirements of
Subsections (b) and (f) [(c)] with another electronic
identification device [tag] that meets the requirements of
Subsections (b) and (f) [(c), except that a deer breeder may create
and attach a replacement identification tag. A replacement
identification tag must:
[(1) be clearly visible;
[(2) have legible text written with a tag pen
manufactured for use with the tag; and
[(3) meet the requirements of Subsections (b)(1) and
(c), except for the requirement that the text be placed on the tag
by the manufacturer].
(j) A person may not remove or knowingly permit the removal
of a breeder deer held in a facility by a permittee under this
subchapter unless the breeder deer has been identified by applying
a tattoo to the inner portion of either ear of the deer that:
(1) is made with commercially available #300 or 5/16
inch tattoo letters and numbers;
(2) is legible, permanent, and green or black; and
(3) bears the same unique identifier associated with
the electronic identification device under Subsection (g) [printed
on the identification tag attached to the deer under Subsection
(c)].
SECTION 2. The following provisions of the Parks and
Wildlife Code are repealed:
(1) Sections 43.3561(a)(1) and (3); and
(2) Sections 43.3561(c), (d), (e), and (i).
SECTION 3. The changes in law made by this Act to Section
43.3561, Parks and Wildlife Code, apply only to a breeder deer born
on or after the effective date of this Act. A breeder deer born
before the effective date of this Act is governed by the law in
effect on the date the breeder deer was born, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.