Bill Text: TX HB2092 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the transfer of responsibility for regulating deer breeding from the Parks and Wildlife Department to the Texas Animal Health Commission.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-04-03 - Left pending in committee [HB2092 Detail]
Download: Texas-2013-HB2092-Introduced.html
83R694 CJC-D | ||
By: Kuempel | H.B. No. 2092 |
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relating to the transfer of responsibility for regulating deer | ||
breeding from the Parks and Wildlife Department to the Texas Animal | ||
Health Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter L, Chapter 43, Parks and Wildlife | ||
Code, is transferred to Subtitle A, Title 6, Agriculture Code, | ||
redesignated as Chapter 135, Agriculture Code, and amended to read | ||
as follows: | ||
CHAPTER 135 [ |
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Sec. 135.001 [ |
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(1) "Breeder deer" means a white-tailed deer or mule | ||
deer legally held under a permit authorized by this chapter | ||
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(2) "Deer breeder" means a person holding a valid deer | ||
breeder's permit. | ||
(3) "Captivity" means the keeping of a breeder deer in | ||
an enclosure suitable for and capable of retaining the breeder deer | ||
it is designed to retain at all times under reasonable and ordinary | ||
circumstances and to prevent entry by another deer. The term | ||
includes the temporary keeping of a breeder deer in a vehicle or | ||
trailer. | ||
(3-a) "Commission" means the Texas Animal Health | ||
Commission. | ||
(4) "Deer" means a white-tailed deer or mule deer. | ||
(5) "Durable identification tag" means a single tag | ||
not easily dislodged or removed and made of a material that is not | ||
likely to disintegrate or decompose. The term includes, but is not | ||
limited to, newly developed technologies, including radio | ||
frequency identification tags. | ||
(6) "Immediate locality" means land that is contiguous | ||
and that is owned by the same person. For purposes of this | ||
subdivision, land divided or separated only by a public road or a | ||
public waterway is contiguous. | ||
(7) "Transfer" means any movement of breeder deer from | ||
a breeder facility, a nursing facility, or a deer management permit | ||
facility other than to an accredited veterinarian for medical | ||
purposes. | ||
Sec. 135.002 [ |
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PERMIT. (a) The commission [ |
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qualified person to possess live breeder deer in captivity. | ||
(b) The commission [ |
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this section that is valid for longer than one year. | ||
Sec. 135.003 [ |
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prosecution for the unlawful possession or transportation of | ||
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under this chapter [ |
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defense if the conduct was authorized under the terms of the permit. | ||
Sec. 135.004 [ |
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commission [ |
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permit. The same serial number shall be assigned to the permittee | ||
if the commission [ |
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deer breeder's permit. | ||
Sec. 135.005 [ |
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(a) Not later than March 31 of the year following the year in which | ||
the breeder deer is born, a breeder deer held in a permitted deer | ||
breeding facility must be identified by placing on each breeder | ||
deer possessed by the deer breeder a single, reasonably visible, | ||
durable identification tag bearing an alphanumeric number of not | ||
more than four characters assigned by the commission [ |
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to the breeding facility in which the breeder deer was born and | ||
unique to that breeder deer. A deer breeder is not required to | ||
remove the tag for any purpose but may remove the tag and replace | ||
the tag immediately to meet the requirements of this section. | ||
(b) A person may not remove or knowingly permit the removal | ||
of a breeder deer held in a facility by a permittee under this | ||
chapter [ |
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and legibly tattooed in one ear with the unique identification | ||
number assigned to the breeder in lawful possession of the breeder | ||
deer and specific to the breeding facility in which the breeder deer | ||
was born or initially introduced if from an out-of-state source. | ||
(c) A person may not knowingly accept or permit the | ||
acceptance of a breeder deer into a facility regulated under this | ||
chapter [ |
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and legibly tattooed in one ear with the unique identification | ||
number assigned to the breeder in lawful possession of the breeder | ||
deer and specific to the facility in which the breeder deer was born | ||
or initially introduced if from an out-of-state source. | ||
Sec. 135.006 [ |
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(a) The holder of a valid deer breeder's permit may: | ||
(1) engage in the business of breeding breeder deer in | ||
the immediate locality for which the permit was issued; and | ||
(2) sell, transfer to another person, or hold in | ||
captivity live breeder deer for the purpose of propagation or sale. | ||
(a-1) A deer breeder, a deer breeder's authorized agent, or | ||
an assistant who is not a permittee under this chapter [ |
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but is acting under the direction of a deer breeder or a deer | ||
breeder's authorized agent may capture a breeder deer held in a | ||
permitted facility for: | ||
(1) removal from an enclosure; | ||
(2) veterinary treatment; | ||
(3) tagging; | ||
(4) euthanasia for the purpose of: | ||
(A) humane dispatch of the breeder deer; or | ||
(B) the conduct of a test for a reportable | ||
disease as required by law; or | ||
(5) any other purpose required or allowed by law. | ||
(b) The commission may make regulations governing: | ||
(1) the possession of breeder deer held under the | ||
authority of this chapter [ |
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(2) the recapture of lawfully possessed breeder deer | ||
that have escaped from the facility of a deer breeder; | ||
(3) permit applications and fees; | ||
(4) reporting requirements; | ||
(5) procedures and requirements for the purchase, | ||
transfer, sale, or shipment of breeder deer; | ||
(6) the endorsement of a deer breeder facility by a | ||
certified wildlife biologist; | ||
(7) the number of breeder deer that a deer breeder may | ||
possess; and | ||
(8) the dates for which a deer breeder permit is valid. | ||
(c) A person who holds a permit under this chapter | ||
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chapter [ |
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inspected or approved before the release of a breeder deer from a | ||
breeding facility. This section does not preclude the commission | ||
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commission [ |
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inspection rules or procedures that could unreasonably impede the | ||
broader deer breeding industry. | ||
(d) Subsection (c) does not exempt a person from the | ||
requirements under the following permits issued by the Parks and | ||
Wildlife Department [ |
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(1) managed land deer permit regulated under 31 T.A.C. | ||
Sections 65.26 and 65.34; | ||
(2) deer management permit under Section 43.601, Parks | ||
and Wildlife Code; | ||
(3) trap, transport, and transplant permit under | ||
Sections 43.061 and 43.0611, Parks and Wildlife Code; | ||
(4) trap, transport, and process permit under Section | ||
43.0612, Parks and Wildlife Code; and | ||
(5) antlerless deer control permit regulated under 31 | ||
T.A.C. Sections 65.25 and 65.27. | ||
Sec. 135.007 [ |
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of the commission [ |
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warrant: | ||
(1) any pen, coop, or enclosure holding [ |
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(2) any records required to be maintained under | ||
Section 135.008(a) [ |
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Sec. 135.008 [ |
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breeder shall maintain an accurate and legible record of all | ||
breeder deer acquired, purchased, propagated, sold, transferred, | ||
or disposed of and any other information required by the commission | ||
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breeders. | ||
(b) A deer breeder shall report the information maintained | ||
under Subsection (a) to the commission [ |
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commission by rule may require. | ||
(c) On the request of an authorized commission employee [ |
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required under this chapter [ |
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reporting years available to the commission[ |
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Sec. 135.009 [ |
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for breeder deer may not contain more than 100 acres. | ||
Sec. 135.010 [ |
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BREEDER DEER. (a) Only breeder deer that are in a healthy | ||
condition may be sold, transferred, bartered, or exchanged, or | ||
offered for sale, transfer, barter, or exchange, by a deer breeder. | ||
(b) Except as provided by Subchapter C, Chapter 43, Parks | ||
and Wildlife Code, or by a rule adopted by the commission under this | ||
chapter [ |
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transfer, or accept in this state a live breeder deer unless the | ||
person obtains a transfer permit from the commission [ |
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Sec. 135.011 [ |
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During an open hunting season for deer or during the 10-day period | ||
immediately preceding an open hunting season, no person in this | ||
state may sell, transfer, ship, or transport a breeder deer unless | ||
the person: | ||
(1) has removed the antlers of the breeder deer | ||
between the G-3 tine, as defined by the Boone and Crockett Club, and | ||
the pedicel on each antler main beam; and | ||
(2) has followed any procedure prescribed by rule of | ||
the commission for the lawful conduct of activities under this | ||
chapter [ |
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(b) Subsection (a) does not apply to a sale, transfer, | ||
shipment, or transport: | ||
(1) to another deer breeder's facility; or | ||
(2) to an enclosure authorized under a deer management | ||
permit issued by the Parks and Wildlife Department. | ||
(c) The commission shall adopt rules governing a transfer | ||
permit under this section. | ||
Sec. 135.012 [ |
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may be purchased, sold, transferred, or received in this state only | ||
for the purposes of liberation or holding for propagation. All | ||
breeder deer and increase from breeder deer are under the full force | ||
of the laws of this state pertaining to deer, and those breeder deer | ||
may be held in captivity for propagation in this state only after a | ||
deer breeder's permit is issued by the commission [ |
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under this chapter [ |
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Sec. 135.013 [ |
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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 | ||
chapter [ |
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(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 chapter [ |
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this chapter [ |
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(b) It is an offense if a deer breeder fails to furnish to an | ||
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commission [ |
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reporting years required to be maintained under Section 135.008(a) | ||
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Sec. 135.014 [ |
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order that native species may be preserved, breeder deer held under | ||
a deer breeder's permit are subject to all laws and regulations of | ||
this state pertaining to deer except as specifically provided in | ||
this chapter [ |
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(b) This chapter [ |
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restrict or prohibit the use of high fences. | ||
Sec. 135.015 [ |
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Subsection (b), a person who violates a provision of this chapter | ||
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chapter [ |
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as required by Section 135.008 [ |
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Class C [ |
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(b) A person who violates Section 135.013(a)(1) | ||
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Sec. 135.016 [ |
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section, "database" means a deer breeder database used by the | ||
commission [ |
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(b) The commission [ |
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reporting data required to be provided by each deer breeder[ |
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chapter [ |
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(c) [ |
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to deer breeders whose cooperation results in reduced costs and | ||
increased efficiency by offering: | ||
(1) reduced fees for the deer breeder permit; and | ||
(2) a permit with an extended duration. | ||
(d) [ |
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this section. | ||
SECTION 2. (a) On January 1, 2014, the following are | ||
transferred to the Texas Animal Health Commission: | ||
(1) all powers, duties, obligations, and liabilities | ||
of the Parks and Wildlife Department relating to: | ||
(A) the issuance of deer breeder's permits; and | ||
(B) the maintenance and operation of the deer | ||
breeder database under Section 43.369, Parks and Wildlife Code, as | ||
that section existed before the effective date of this Act; | ||
(2) all unobligated and unexpended funds appropriated | ||
to the Parks and Wildlife Department designated for the | ||
administration of Subchapter L, Chapter 43, Parks and Wildlife | ||
Code; | ||
(3) all equipment and property of the Parks and | ||
Wildlife Department used for the administration of Subchapter L, | ||
Chapter 43, Parks and Wildlife Code; and | ||
(4) all files and other records of the Parks and | ||
Wildlife Department kept by the department regarding deer breeder's | ||
permits. | ||
(b) A rule adopted by the Parks and Wildlife Department that | ||
is in effect immediately before January 1, 2014, and that relates to | ||
deer breeder's permits is, on January 1, 2014, a rule of the Texas | ||
Animal Health Commission and remains in effect until amended or | ||
repealed by the Texas Animal Health Commission. | ||
(c) Before January 1, 2014, the Parks and Wildlife | ||
Department may agree with the Texas Animal Health Commission to | ||
transfer any property of the Parks and Wildlife Department to the | ||
Texas Animal Health Commission to implement the transfer required | ||
by this Act. | ||
(d) In the period beginning on the effective date of this | ||
Act and ending on January 1, 2014, the Parks and Wildlife Department | ||
shall continue to perform functions and activities under Subchapter | ||
L, Chapter 43, Parks and Wildlife Code, as if that subchapter had | ||
not been amended by this Act, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 3. (a) A person who holds a deer breeder's permit | ||
issued by the Parks and Wildlife Department that is in effect on the | ||
effective date of this Act holds a deer breeder's permit under | ||
Chapter 135, Agriculture Code, as added by this Act, that expires on | ||
March 31, 2014. | ||
(b) Before March 31, 2014, the Texas Animal Health | ||
Commission may not use a different numbering system than that used | ||
by the Parks and Wildlife Department under Section 43.356, Parks | ||
and Wildlife Code, as that section existed before the effective | ||
date of this Act, for assigning serial numbers under Chapter 135, | ||
Agriculture Code, as added by this Act. | ||
SECTION 4. The change in law made by this Act applies 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 5. This Act takes effect September 1, 2013. |