Bill Text: TX SB810 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the identification of breeder deer.

Spectrum: Moderate Partisan Bill (Republican 7-2)

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB810 Detail]

Download: Texas-2019-SB810-Enrolled.html

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S.B. No. 810

AN ACT
relating to the identification of breeder deer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.3561, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.3561. IDENTIFICATION OF BREEDER DEER. (a) In this
section:
(1) "Button back" means the portion of an
identification tag used to secure the tag to the breeder deer.
(2) "Electronic identification device" means a button
tag or implant that uses radio frequency identification technology.
(3) "Identification tag" means a tag attached to the
ear of a breeder deer for the purposes of identification that meets
the requirements of this section.
(4) "Unique identifier" means five alphanumeric
characters assigned by the department to uniquely identify a
breeder deer.
(b) Not later than March 31 of the year following the year in
which a [the] breeder deer is born, the [a] breeder deer [held in a
permitted deer breeding facility] must be identified by:
(1) attaching an [placing on each breeder deer
possessed by the deer breeder a single, reasonably visible,
durable] identification tag to the pinna of either ear of the
breeder deer in a manner so that the face of the tag is clearly
visible on the anterior side of the ear; and
(2) applying a single electronic identification
device [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].
(c) Except for a replacement identification tag described
by Subsection (h), an identification tag applied under Subsection
(b):
(1) must:
(A) be commercially manufactured;
(B) bear on the face and button back the unique
identifier for the breeder deer to which it is attached in text
placed by the manufacturer with characters on the face not less than
5/16 inch wide and 1/2 inch tall and spaced not less than 1/16 inch
apart;
(C) be securely affixed so as not to be dislodged
or removed easily;
(D) be made of a material that is not likely to
disintegrate or decompose; and
(E) have sufficient contrast between the color of
the text and the color of the tag to make the text characters
clearly visible; and
(2) may bear additional information, provided that a
dividing line placed by the manufacturer below the unique
identifier separates the unique identifier from the additional
information.
(d) The text of the unique identifier may be larger than the
dimensions described by Subsection (c)(1)(B) but must maintain the
same proportion of height and width.
(e) A breeder deer born before January 1, 2022, may be
identified as described by Subsection (c) or (h). A breeder deer
born on or after January 1, 2022, must be identified first as
described by Subsection (c) before the breeder deer may be
identified as described by Subsection (h).
(f) An electronic identification device applied under
Subsection (b)(2) must be approved by the United States Department
of Agriculture and have an associated 15-digit animal
identification number that begins with 840. If the electronic
identification device is a button tag, the button tag must be
attached to the pinna of either ear of the breeder deer. If the
electronic identification device is an implant, the implant may not
be implanted in edible muscle. No person may remove an electronic
identification device.
(g) The department shall create and maintain a database
containing electronic identification device numbers entered by
deer breeders. An electronic identification device applied under
Subsection (b)(2) is valid for purposes of Subsection (b) only if
the number associated with the device has been entered into the
department database and corresponds with the unique identifier
assigned to the breeder deer to or in which the device is attached
or implanted. In making a determination to destroy a deer under
Section 43.953, the department shall consider an electronic
identification device that meets the requirements of this section
as evidence of positive identification for a breeder deer that
cannot be identified by either the identification tag or tattoo
required by Subsection (b) or (j), provided that the deer breeder
entered the electronic identification device number into the
database before the identity of the breeder deer was in question as
determined by the department.
(h) A deer breeder immediately shall replace an
identification tag that has been dislodged, damaged, or removed by
means other than human agency to the extent that the identification
tag does not meet the requirements of Subsections (b) and (c) with
another identification tag that meets the requirements of
Subsections (b) and (c), except that a deer breeder may create and
attach a replacement identification tag. A replacement
identification tag must:
(1) be clearly visible;
(2) have legible text written with a tag pen
manufactured for use with the tag; and
(3) meet the requirements of Subsections (b)(1) and
(c), except for the requirement that the text be placed on the tag
by the manufacturer.
(i) 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.
(j) [(b)] 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 identified by
applying a tattoo to the inner portion of either ear of the deer
that:
(1) is made with commercially available #300 or 5/16
inch tattoo letters and numbers;
(2) is legible, permanent, and green or black; and
(3) bears the same unique identifier printed on the
identification tag attached to the deer under Subsection (c)
[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].
(k) [(c)] 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 identified as required
by this section [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].
SECTION 2. Section 43.351(5), Parks and Wildlife Code, is
repealed.
SECTION 3. The changes in law made by this Act to Section
43.3561, Parks and Wildlife Code, apply only to a breeder deer born
on or after January 1, 2020. A breeder deer born before January 1,
2020, is governed by the law in effect at the time the breeder deer
was born, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 810 passed the Senate on
April 10, 2019, by the following vote: Yeas 25, Nays 5; and that
the Senate concurred in House amendment on May 23, 2019, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 810 passed the House, with
amendment, on May 17, 2019, by the following vote: Yeas 138,
Nays 8, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor