82R3032 SGA-D
 
  By: Phillips H.B. No. 1027
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the identification of breeder deer by microchips.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 43.351(5), Parks and Wildlife Code, is
  amended to read as follows:
               (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 a
  microchip implant and other radio frequency identification tags.
         SECTION 2.  Section 43.3561, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 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 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)  Except as provided by Subsection (d), a [A] person may
  not remove or knowingly permit the removal of a breeder deer held in
  a facility by a permittee under this 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)  Except as provided by Subsection (d), a [A] person may
  not knowingly accept or permit the acceptance of a breeder deer into
  a facility regulated under this 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.
         (d)  Instead of using a tattoo to identify a breeder deer
  under Subsection (b) or (c), a deer breeder may identify a deer by
  using a durable identification tag that is a microchip implanted
  under the deer's skin.
         (e)  The commission may adopt rules governing the use of
  durable identification tags for identifying breeder deer under this
  section.
         SECTION 3.  This Act takes effect September 1, 2011.