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

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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-Engrossed.html

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By: Perry, et al. S.B. No. 810

A BILL TO BE ENTITLED
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 attaching
an [placing on each breeder deer possessed by the deer breeder a
single, reasonably visible, durable] identification tag to the
pinna of one 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
either or both of the following:
(1) applying a tattoo to the inner portion of either
ear of the deer that:
(A) is made with commercially available 5/16 inch
tattoo letters and numbers;
(B) is legible, permanent, and green; and
(C) bears the same unique identifier printed on
the identification tag attached to the deer under this subsection;
or
(2) attaching to the pinna of the opposite ear of the
breeder deer in which the identification tag required by this
section is attached an electronic identification device button tag
that:
(A) is approved by the United States Department
of Agriculture;
(B) has an associated 15-digit animal
identification number that begins with 840; and
(C) is permanently affixed so as not to be
dislodged or removed easily.
(c) No person may remove an electronic identification
device button tag. If an electronic identification device button
tag is dislodged, damaged, or removed by means other than human
agency, a replacement electronic identification device button tag
must be attached to the same ear to which the original button tag
was attached. The 15-digit animal identification number for the
replacement button tag must be provided to the department and
entered into the database described by Subsection (g) [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].
(d) Except for a replacement identification tag described
by Subsection (i), an identification tag applied under Subsection
(b):
(1) must:
(A) be commercially manufactured;
(B) bear on the face and on the button back the
unique identifier for the breeder deer to which it is attached in
black text placed by the manufacturer with the 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 permanently 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.
(e) The text of the unique identifier may be larger than the
dimensions described by Subsection (d)(1)(B) but must maintain the
same proportion of height and width.
(f) Provided that an electronic identification device
button tag has not been attached to a breeder deer to satisfy the
requirements of Subsection (b), a deer breeder may use an
electronic identification device implant to identify a breeder
deer. The implant must be approved by the United States Department
of Agriculture and have an associated 15-digit animal
identification number that begins with 840. The implant must be
implanted in the subcutaneous tissue at the base of either ear.
(g) The department shall create and maintain a database
containing electronic identification device numbers entered by
deer breeders. An electronic identification device is valid for
purposes of this section 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.
(h) If an electronic identification device button tag has
not been attached to a breeder deer to satisfy the requirements of
Subsection (b), the department may consider an electronic
identification number for a valid electronic identification device
implant as evidence of positive identification for a breeder deer
that cannot be identified by the identification tag or tattoo
required by Subsection (b), provided that the deer breeder entered
the electronic identification device number into the database at a
time when the breeder deer was identified in accordance with this
section. The presence of an electronic identification device
implant is not a defense to prosecution for a violation of the
requirements of this section.
(i) Except as provided by Subsection (k), no person may
remove an identification tag. 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 tag
does not meet the requirements of Subsection (d) with an
identification tag that meets the requirements of Subsection (d) or
a replacement identification tag.
(j) 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 Subsection (d), except
for the requirement that the text be placed on the tag by the
manufacturer.
(k) Provided that an electronic identification device
button tag is attached to a breeder deer in accordance with
Subsection (b), a deer breeder may remove an identification tag
from a breeder deer for liberation purposes only after a transfer
permit for the breeder deer has been activated. The person
transporting breeder deer must possess an identification tag that
has been removed in accordance with this subsection from each
breeder deer being transported that does not bear an identification
tag in the vehicle used to transport the breeder deer until the
transfer permit has been completed.
(l) A deer breeder shall replace the identification tag of a
breeder deer for which a transfer permit was activated but not
completed before the transfer permit expires or is deactivated with
a tag that meets the requirements of this section.
(m) [(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 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
breeding facility in which the breeder deer was born or initially
introduced if from an out-of-state source].
(n) [(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.