By: Perry S.B. No. 2844
(In the Senate - Filed March 14, 2025; April 7, 2025, read
first time and referred to Committee on Water, Agriculture and
Rural Affairs; April 23, 2025, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
April 23, 2025, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2844 By: Perry
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of deer breeding; creating criminal
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.360, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.360. ENCLOSURE SIZE. (a) Except as provided by
Subsection (b), a [A] single enclosure for breeder deer may not
contain more than 20 [100] acres.
(b) A single enclosure for breeder deer may contain not more
than 100 acres if:
(1) the deer breeding facility's permit was issued and
continuously maintained prior to September 1, 2025; and
(2) the permitted enclosure existed before September
1, 2025.
(c) A single enclosure for breeder deer in a facility
described by Subsection (b) may not be expanded to contain more than
20 acres.
SECTION 2. Section 43.365(a), Parks and Wildlife Code, is
amended to read as follows:
(a) It is an offense if a deer breeder or another person:
(1) allows the hunting or killing of a breeder deer or
any other deer held in captivity in a facility permitted under this
subchapter, except as provided by this subchapter or a rule adopted
by the commission under this subchapter; [or]
(2) knowingly sells, arranges the sale of, purchases,
transfers, receives, or attempts to sell, arrange the sale of,
purchase, transfer, or receive a live breeder deer in violation of
this subchapter or a rule adopted by the commission under this
subchapter;
(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 the department as required by commission
rule;
(4) fails to timely report the mortality of a breeder
deer as required by commission rule;
(5) fails to timely submit a disease test sample as
required by commission rule;
(6) violates or fails to comply with a disease testing
plan issued by the department under commission rule for a deer
breeding facility from which breeder deer have escaped;
(7) knowingly possesses a live deer acquired
unlawfully;
(8) knowingly and unlawfully imports or attempts to
import a deer;
(9) transfers a breeder deer that does not bear the
identification required by Section 43.3561 or commission rule;
(10) transfers a breeder deer in violation of a
commission rule requiring disease testing; or
(11) knowingly 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, unless the deer was
misidentified due to a clerical error.
SECTION 3. The heading to Section 43.367, Parks and
Wildlife Code, is amended to read as follows:
Sec. 43.367. PENALTIES [PENALTY].
SECTION 4. Section 43.367, Parks and Wildlife Code, is
amended by amending Subsection (a) and adding Subsections (c), (d),
(e), (f), and (g) to read as follows:
(a) Except as otherwise provided by this section
[Subsection (b)], a person who violates a provision of this
subchapter or a regulation of the commission issued under this
subchapter or who fails to file a full and complete report as
required by Section 43.359 commits an offense that is a Class C
Parks and Wildlife Code misdemeanor.
(c) A person who violates Section 43.361 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 Section 43.361 or
43.365(a)(3), (4), (5), or (6).
(d) 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) A person who violates Section 43.362 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) A person who violates Section 43.365(a)(10) commits an
offense that is a Class A Parks and Wildlife Code misdemeanor.
(g) 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. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 6. This Act takes effect September 1, 2025.
* * * * *