Bill Text: TX HB870 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to creating an offense for the trapping of wild deer by a deer breeder and to the civil and criminal consequences of engaging in certain conduct associated with deer breeding; providing penalties.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-02-24 - Referred to Culture, Recreation & Tourism [HB870 Detail]
Download: Texas-2011-HB870-Introduced.html
| 82R1996 SLB-D | ||
| By: Davis of Dallas | H.B. No. 870 | |
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| relating to creating an offense for the trapping of wild deer by a | ||
| deer breeder and to the civil and criminal consequences of engaging | ||
| in certain conduct associated with deer breeding; providing | ||
| penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 43.365, Parks and Wildlife Code, is | ||
| amended by adding Subsection (c) to read as follows: | ||
| (c) It is an offense if a deer breeder traps wild deer in | ||
| this state to breed, sell, or transfer. | ||
| SECTION 2. Section 43.367, Parks and Wildlife Code, is | ||
| amended by amending Subsection (b) and adding Subsections (c), (d), | ||
| and (e) to read as follows: | ||
| (b) A person who violates Section 43.365 [ |
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| commits an offense that is a Class A Parks and Wildlife Code | ||
| misdemeanor. | ||
| (c) A person holding a permit issued under this subchapter | ||
| is responsible and may be prosecuted for a Class A Parks and | ||
| Wildlife Code misdemeanor if an authorized agent or employee of the | ||
| person violates this subchapter on land belonging to the person. | ||
| (d) On a third or subsequent violation of Section 43.365 by | ||
| a person holding a permit issued under this subchapter, the | ||
| department shall: | ||
| (1) revoke all permits held by the person that are | ||
| issued: | ||
| (A) under this subchapter; or | ||
| (B) by the department and listed under Section | ||
| 43.357(d); | ||
| (2) file a deed restriction that prohibits deer | ||
| breeding on the property owned by the person where the violation | ||
| occurred; and | ||
| (3) confiscate, in accordance with Section 43.368, any | ||
| deer held in captivity by the person. | ||
| (e) A deed restriction filed under Subsection (d) expires on | ||
| the fifth anniversary of the date the deed restriction was filed and | ||
| must include a statement to that effect. The deed restriction shall | ||
| be filed in the office where real property records are kept for the | ||
| county in which the property is located. | ||
| SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife | ||
| Code, is amended by adding Section 43.368 to read as follows: | ||
| Sec. 43.368. DISPOSITION OF DEER HELD IN CAPTIVITY; RULES. | ||
| (a) The commission shall adopt rules for the euthanasia of a deer | ||
| that: | ||
| (1) is being held in captivity by a person whose permit | ||
| under this subchapter is revoked; and | ||
| (2) does not have the identification required by | ||
| Section 43.3561. | ||
| (b) A deer shall be considered confiscated game for | ||
| disposition under Section 12.110 if the deer: | ||
| (1) is being held in captivity by a person whose permit | ||
| under this subchapter is revoked; and | ||
| (2) has the identification required by Section | ||
| 43.3561. | ||
| SECTION 4. The changes in the law made by this Act apply | ||
| only to an offense committed on or after the effective date of this | ||
| Act. For the purpose of this section, an offense is committed | ||
| before the effective date of this Act if any element of the offense | ||
| occurs before that date. An offense committed before the effective | ||
| date of this Act is covered by the law in effect when the offense was | ||
| committed, and the former law is continued in effect for that | ||
| purpose. | ||
| SECTION 5. This Act takes effect September 1, 2011. | ||
