2 | | - | (In the Senate - Filed March 14, 2025; April 7, 2025, read |
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3 | | - | first time and referred to Committee on Water, Agriculture and |
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4 | | - | Rural Affairs; April 23, 2025, reported adversely, with favorable |
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5 | | - | Committee Substitute by the following vote: Yeas 9, Nays 0; |
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6 | | - | April 23, 2025, sent to printer.) |
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7 | | - | Click here to see the committee vote |
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8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 2844 By: Perry |
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9 | 3 | | |
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10 | 4 | | |
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11 | 5 | | |
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12 | 6 | | |
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13 | 7 | | A BILL TO BE ENTITLED |
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14 | 8 | | AN ACT |
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15 | 9 | | relating to the regulation of deer breeding; creating criminal |
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16 | 10 | | offenses. |
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17 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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18 | 12 | | SECTION 1. Section 43.360, Parks and Wildlife Code, is |
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19 | 13 | | amended to read as follows: |
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20 | 14 | | Sec. 43.360. ENCLOSURE SIZE. (a) Except as provided by |
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21 | 15 | | Subsection (b), a [A] single enclosure for breeder deer may not |
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22 | 16 | | contain more than 20 [100] acres. |
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23 | 17 | | (b) A single enclosure for breeder deer may contain not more |
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24 | 18 | | than 100 acres if: |
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25 | 19 | | (1) the deer breeding facility's permit was issued and |
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26 | 20 | | continuously maintained prior to September 1, 2025; and |
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27 | 21 | | (2) the permitted enclosure existed before September |
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28 | 22 | | 1, 2025. |
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29 | 23 | | (c) A single enclosure for breeder deer in a facility |
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30 | 24 | | described by Subsection (b) may not be expanded to contain more than |
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31 | 25 | | 20 acres. |
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32 | 26 | | SECTION 2. Section 43.365(a), Parks and Wildlife Code, is |
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33 | 27 | | amended to read as follows: |
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34 | 28 | | (a) It is an offense if a deer breeder or another person: |
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35 | 29 | | (1) allows the hunting or killing of a breeder deer or |
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36 | 30 | | any other deer held in captivity in a facility permitted under this |
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37 | 31 | | subchapter, except as provided by this subchapter or a rule adopted |
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38 | 32 | | by the commission under this subchapter; [or] |
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39 | 33 | | (2) knowingly sells, arranges the sale of, purchases, |
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40 | 34 | | transfers, receives, or attempts to sell, arrange the sale of, |
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41 | 35 | | purchase, transfer, or receive a live breeder deer in violation of |
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42 | 36 | | this subchapter or a rule adopted by the commission under this |
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43 | 37 | | subchapter; |
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44 | 38 | | (3) places or holds breeder deer in captivity at any |
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45 | 39 | | place or in any facility not accounted for in the breeding facility |
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46 | 40 | | inventory on file with the department as required by commission |
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47 | 41 | | rule; |
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48 | 42 | | (4) fails to timely report the mortality of a breeder |
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49 | 43 | | deer as required by commission rule; |
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50 | 44 | | (5) fails to timely submit a disease test sample as |
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51 | 45 | | required by commission rule; |
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52 | 46 | | (6) violates or fails to comply with a disease testing |
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53 | 47 | | plan issued by the department under commission rule for a deer |
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54 | 48 | | breeding facility from which breeder deer have escaped; |
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67 | 58 | | SECTION 3. The heading to Section 43.367, Parks and |
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68 | 59 | | Wildlife Code, is amended to read as follows: |
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69 | 60 | | Sec. 43.367. PENALTIES [PENALTY]. |
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70 | 61 | | SECTION 4. Section 43.367, Parks and Wildlife Code, is |
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71 | 62 | | amended by amending Subsection (a) and adding Subsections (c), (d), |
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72 | 63 | | (e), (f), and (g) to read as follows: |
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73 | 64 | | (a) Except as otherwise provided by this section |
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74 | 65 | | [Subsection (b)], a person who violates a provision of this |
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75 | 66 | | subchapter or a regulation of the commission issued under this |
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76 | 67 | | subchapter or who fails to file a full and complete report as |
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77 | 68 | | required by Section 43.359 commits an offense that is a Class C |
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78 | 69 | | Parks and Wildlife Code misdemeanor. |
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79 | 70 | | (c) A person who violates Section 43.361 or 43.365(a)(3), |
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80 | 71 | | (4), (5), or (6) commits an offense that is a Class B Parks and |
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81 | 72 | | Wildlife Code misdemeanor if it is shown on the trial of the offense |
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82 | 73 | | that the actor has been previously convicted of an offense under |
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83 | 74 | | this section involving a violation of Section 43.361 or |
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84 | 75 | | 43.365(a)(3), (4), (5), or (6). |
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85 | 76 | | (d) A person who violates Section 43.365(a)(7) or (8) |
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86 | 77 | | commits an offense that is a Class B Parks and Wildlife Code |
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87 | 78 | | misdemeanor. |
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88 | 79 | | (e) A person who violates Section 43.362 or 43.365(a)(9) |
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89 | 80 | | commits an offense that is a Class A Parks and Wildlife Code |
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90 | 81 | | misdemeanor if it is shown on the trial of the offense that the |
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91 | 82 | | actor has been previously convicted of an offense under this |
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92 | 83 | | section involving a violation of Section 43.362 or 43.365(a)(9). |
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93 | 84 | | (f) A person who violates Section 43.365(a)(10) commits an |
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94 | 85 | | offense that is a Class A Parks and Wildlife Code misdemeanor. |
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95 | 86 | | (g) A person who violates Section 43.365(a)(11) commits an |
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96 | 87 | | offense that is a Parks and Wildlife Code state jail felony if it is |
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97 | 88 | | shown on the trial of the offense that the actor has been previously |
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98 | 89 | | convicted of an offense under this section involving a violation of |
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99 | 90 | | Section 43.365(a)(11). |
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100 | 91 | | SECTION 5. The changes in law made by this Act apply only to |
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101 | 92 | | an offense committed on or after the effective date of this Act. An |
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102 | 93 | | offense committed before the effective date of this Act is governed |
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103 | 94 | | by the law in effect on the date the offense was committed, and the |
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104 | 95 | | former law is continued in effect for that purpose. For purposes of |
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105 | 96 | | this section, an offense was committed before the effective date of |
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106 | 97 | | this Act if any element of the offense occurred before that date. |
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