Texas 2025 89th Regular

Texas Senate Bill SB2844 Introduced / Analysis

Filed 03/14/2025

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                    BILL ANALYSIS        Senate Research Center   S.B. 2844     89R10499 AB-F   By: Perry         Water, Agriculture and Rural Affairs         4/16/2025         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   S.B. 2844 strengthens regulations on deer breeding operations in Texas by implementing stricter penalties for violations and enhancing oversight on breeder deer facilities. This bill addresses concerns related to disease management, record-keeping, and unauthorized transfers of breeder deer, ensuring that breeding operations follow state wildlife regulations.   As proposed, S.B. 2844 amends current law relating to the regulation of deer breeding and creates criminal offenses.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Section 43.360, Parks and Wildlife Code, as follows:   (a) Prohibits a single enclosure for breeder deer, except as provided by Subsection (b), from containing more than 20, rather than 100 acres. Makes a nonsubstantive change.   (b) Authorizes a single enclosure for breeder deer to contain not more than 100 acres if the deer breeding facility's permit was issued and continuously maintained prior to September 1, 2025, and the permitted enclosure existed before September 1, 2025.   (c) Prohibits a single enclosure for breeder deer in a facility described by Subsection (b) from being expanded to contain more than 20 acres.   SECTION 2. Amends Section 43.365(a), Parks and Wildlife Code, as follows:   (a) Provides that it is an offense if a deer breeder or another person:   (1)-(2) makes nonsubstantive change to these subdivisions;    (3) places or holds breeder deer in captivity at any place or in any facility not accounted for in the breeding facility inventory on file with Texas Parks and Wildlife Department (TPWD) as required by Texas Parks and Wildlife Commission (TPWC) rule;   (4) fails to timely report the mortality of a breeder deer as required by TPWC rule;   (5) fails to timely submit a disease test sample as required by TPWC rule;    (6) violates or fails to comply with a disease testing plan issued by TPWD under TPWC rule for a deer breeding facility from which breeder deer have escaped;    (7) possesses a live deer acquired unlawfully;   (8) unlawfully imports or attempts to import a deer;   (9) transfers a breeder deer that does not bear the identification required by Section 43.3561 (Identification of Breeder Deer) or TPWC rule;   (10) transfers a breeder deer in violation of a TPWC rule requiring disease testing; or   (11) submits a disease test sample taken from a deer other than the breeder deer or deer identified as the deer from which the test sample was taken.   SECTION 3. Amends the heading to Section 43.367, Parks and Wildlife Code, to read as follows:   Sec. 43.367. PENALTIES.   SECTION 4. Amends Section 43.367, Parks and Wildlife Code, by amending Subsection (a) and adding Subsections (c), (d), (e), (f), and (g), as follows:   (a) Creates an exception under this section. Deletes existing text creating an exception under Subsection (b).   (c) Provides that a person who violates Section 43.361 (Release Sites) or 43.365(a) (3), (4), (5), or (6) commits an offense that is a Class B Parks and Wildlife Code misdemeanor if it is shown on the trial of the offense that the actor has been previously convicted of an offense under this section involving a violation of those provisions.   (d) Provides that a person who violates Section 43.365(a)(7) or (8) commits an offense that is a Class B Parks and Wildlife Code misdemeanor.   (e) Provides that a person who violates Section 43.362 (Transfer, Purchase, or Sale of Live Breeder Deer) or 43.365(a)(9) commits an offense that is a Class A Parks and Wildlife Code misdemeanor if it is shown on the trial of the offense that the actor has been previously convicted of an offense under this section involving a violation of Section 43.362 or 43.365(a)(9).   (f) Provides that a person who violates Section 43.365(a)(10) commits an offense that is a Class A Parks and Wildlife Code misdemeanor.    (g) Provides that a person who violates Section 43.365(a)(11) commits an offense that is a Parks and Wildlife Code state jail felony if it is shown on the trial of the offense that the actor has been previously convicted of an offense under this section involving a violation of Section 43.365(a)(11).   SECTION 5. Makes application of this Act prospective.   SECTION 6. Effective date: September 1, 2025.

BILL ANALYSIS

Senate Research Center S.B. 2844
89R10499 AB-F By: Perry
 Water, Agriculture and Rural Affairs
 4/16/2025
 As Filed



Senate Research Center

S.B. 2844

89R10499 AB-F

By: Perry

Water, Agriculture and Rural Affairs

4/16/2025

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 2844 strengthens regulations on deer breeding operations in Texas by implementing stricter penalties for violations and enhancing oversight on breeder deer facilities. This bill addresses concerns related to disease management, record-keeping, and unauthorized transfers of breeder deer, ensuring that breeding operations follow state wildlife regulations.

As proposed, S.B. 2844 amends current law relating to the regulation of deer breeding and creates criminal offenses.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 43.360, Parks and Wildlife Code, as follows:

(a) Prohibits a single enclosure for breeder deer, except as provided by Subsection (b), from containing more than 20, rather than 100 acres. Makes a nonsubstantive change.

(b) Authorizes a single enclosure for breeder deer to contain not more than 100 acres if the deer breeding facility's permit was issued and continuously maintained prior to September 1, 2025, and the permitted enclosure existed before September 1, 2025.

(c) Prohibits a single enclosure for breeder deer in a facility described by Subsection (b) from being expanded to contain more than 20 acres.

SECTION 2. Amends Section 43.365(a), Parks and Wildlife Code, as follows:

(a) Provides that it is an offense if a deer breeder or another person:

(1)-(2) makes nonsubstantive change to these subdivisions;

(3) places or holds breeder deer in captivity at any place or in any facility not accounted for in the breeding facility inventory on file with Texas Parks and Wildlife Department (TPWD) as required by Texas Parks and Wildlife Commission (TPWC) rule;

(4) fails to timely report the mortality of a breeder deer as required by TPWC rule;

(5) fails to timely submit a disease test sample as required by TPWC rule;

(6) violates or fails to comply with a disease testing plan issued by TPWD under TPWC rule for a deer breeding facility from which breeder deer have escaped;

(7) possesses a live deer acquired unlawfully;

(8) unlawfully imports or attempts to import a deer;

(9) transfers a breeder deer that does not bear the identification required by Section 43.3561 (Identification of Breeder Deer) or TPWC rule;

(10) transfers a breeder deer in violation of a TPWC rule requiring disease testing; or

(11) submits a disease test sample taken from a deer other than the breeder deer or deer identified as the deer from which the test sample was taken.

SECTION 3. Amends the heading to Section 43.367, Parks and Wildlife Code, to read as follows:

Sec. 43.367. PENALTIES.

SECTION 4. Amends Section 43.367, Parks and Wildlife Code, by amending Subsection (a) and adding Subsections (c), (d), (e), (f), and (g), as follows:

(a) Creates an exception under this section. Deletes existing text creating an exception under Subsection (b).

(c) Provides that a person who violates Section 43.361 (Release Sites) or 43.365(a) (3), (4), (5), or (6) commits an offense that is a Class B Parks and Wildlife Code misdemeanor if it is shown on the trial of the offense that the actor has been previously convicted of an offense under this section involving a violation of those provisions.

(d) Provides that a person who violates Section 43.365(a)(7) or (8) commits an offense that is a Class B Parks and Wildlife Code misdemeanor.

(e) Provides that a person who violates Section 43.362 (Transfer, Purchase, or Sale of Live Breeder Deer) or 43.365(a)(9) commits an offense that is a Class A Parks and Wildlife Code misdemeanor if it is shown on the trial of the offense that the actor has been previously convicted of an offense under this section involving a violation of Section 43.362 or 43.365(a)(9).

(f) Provides that a person who violates Section 43.365(a)(10) commits an offense that is a Class A Parks and Wildlife Code misdemeanor.

(g) Provides that a person who violates Section 43.365(a)(11) commits an offense that is a Parks and Wildlife Code state jail felony if it is shown on the trial of the offense that the actor has been previously convicted of an offense under this section involving a violation of Section 43.365(a)(11).

SECTION 5. Makes application of this Act prospective.

SECTION 6. Effective date: September 1, 2025.