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  83R694 CJC-D
 
  By: Kuempel H.B. No. 2092
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [SUBCHAPTER L]. DEER BREEDER'S PERMIT
         Sec. 135.001 [43.351].  DEFINITIONS. In this chapter 
  [subchapter]:
               (1)  "Breeder deer" means a white-tailed deer or mule
  deer legally held under a permit authorized by this chapter 
  [subchapter].
               (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 [43.352].  PERMIT AUTHORIZED; DURATION OF
  PERMIT. (a) The commission [department] shall issue a permit to a
  qualified person to possess live breeder deer in captivity.
         (b)  The commission [department] may issue a permit under
  this section that is valid for longer than one year.
         Sec. 135.003 [43.353].  PERMIT IS DEFENSE. In any
  prosecution for the unlawful possession or transportation of
  [white-tailed deer or mule] deer, the possession of a permit issued
  under this chapter [subchapter] to the accused is a complete
  defense if the conduct was authorized under the terms of the permit.
         Sec. 135.004 [43.356].  SERIAL NUMBER. The commission
  [department] shall issue a serial number to a permittee when the
  commission [department] issues the permittee a deer breeder's
  permit.  The same serial number shall be assigned to the permittee
  if the commission [department] issues the permittee a subsequent
  deer breeder's permit.
         Sec. 135.005 [43.3561].  IDENTIFICATION OF BREEDER DEER.
  (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 [department]
  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 [subchapter] unless the breeder deer has been permanently
  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 [subchapter] unless the breeder deer has been permanently
  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 [43.357].  PERMIT PRIVILEGES; REGULATIONS.
  (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 [subchapter]
  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 [subchapter];
               (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 
  [subchapter] or a person who receives a breeder deer under this
  chapter [subchapter] is not required to have the release site
  inspected or approved before the release of a breeder deer from a
  breeding facility.  This section does not preclude the commission
  [department] from making a habitat inspection but does direct the
  commission [department] to refrain from implementing habitat
  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 [department]:
               (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 [43.358].  INSPECTION. An authorized employee
  of the commission [department] may inspect at any time and without
  warrant:
               (1)  any pen, coop, or enclosure holding [white-tailed
  deer or mule] deer; or
               (2)  any records required to be maintained under
  Section 135.008(a) [43.359(a)].
         Sec. 135.008 [43.359].  RECORDS AND REPORTS. (a) A deer
  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
  [department] that reasonably relates to the regulation of deer
  breeders.
         (b)  A deer breeder shall report the information maintained
  under Subsection (a) to the commission [department] as the
  commission by rule may require.
         (c)  On the request of an authorized commission employee [a
  game warden] acting within the scope of the employee's [game
  warden's] authority, a deer breeder shall make any information
  required under this chapter [subchapter] for the previous two
  reporting years available to the commission[:
               [(1)  the game warden; or
               [(2)  another authorized department] employee.
         Sec. 135.009 [43.360].  ENCLOSURE SIZE. A single enclosure
  for breeder deer may not contain more than 100 acres.
         Sec. 135.010 [43.362].  TRANSFER, PURCHASE, OR SALE OF LIVE
  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 [subchapter], no person may purchase, obtain, sell,
  transfer, or accept in this state a live breeder deer unless the
  person obtains a transfer permit from the commission [department].
         Sec. 135.011 [43.363].  TRANSFER DURING OPEN SEASON. (a)
  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 [subchapter].
         (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 [43.364].  USE OF BREEDER DEER. Breeder deer
  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 [department]
  under this chapter [subchapter].
         Sec. 135.013 [43.365].  PROHIBITED ACTS. (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
  chapter [subchapter], except as provided by this chapter 
  [subchapter] or a rule adopted by the commission under this chapter 
  [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 chapter [subchapter] or a rule adopted by the commission under
  this chapter [subchapter].
         (b)  It is an offense if a deer breeder fails to furnish to an
  [a game warden commissioned by the department or other] authorized
  commission [department] employee records for the previous two
  reporting years required to be maintained under Section 135.008(a)
  [43.359(a)].
         Sec. 135.014 [43.366].  APPLICATION OF OTHER LAWS. (a) In
  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 [subchapter].
         (b)  This chapter [subchapter] may not be construed to
  restrict or prohibit the use of high fences.
         Sec. 135.015 [43.367].  PENALTY. (a) Except as provided by
  Subsection (b), a person who violates a provision of this chapter 
  [subchapter] or a regulation of the commission issued under this
  chapter [subchapter] or who fails to file a full and complete report
  as required by Section 135.008 [43.359] commits an offense that is a
  Class C [Parks and Wildlife Code] misdemeanor.
         (b)  A person who violates Section 135.013(a)(1)
  [43.365(a)(1)] commits an offense that is a Class A [Parks and
  Wildlife Code] misdemeanor.
         Sec. 135.016 [43.369].  DEER BREEDER DATABASE. (a) In this
  section, "database" means a deer breeder database used by the
  commission [department].
         (b)  The commission [department in conjunction with the
  Texas Animal Health Commission, not later than June 1, 2010,] shall
  [develop and] maintain a [process for a] database that includes [to
  be shared by both agencies.   The database must include] the
  reporting data required to be provided by each deer breeder[:
               [(1)]  to the commission [department] under this
  chapter [subchapter; and
               [(2)  to the Texas Animal Health Commission].
         (c)  [To the extent possible, the department and the Texas
  Animal Health Commission shall share the database to eliminate the
  need for a deer breeder to submit duplicate reports to the two
  agencies.
         [(d)]  The commission [Parks and Wildlife Commission and the
  Texas Animal Health Commission], by rule, shall provide incentives
  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) [(e)]  The commission [Parks and Wildlife Commission and
  the Texas Animal Health Commission] may adopt rules to implement
  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.