bill drops the visible ear tag for breeder deer

The text as introduced · 720 words

89R11951 AB-D

By: Curry
H.B. No. 3831

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. Sections 43.3561(b), (f), (g), (h), and (j),

Parks and Wildlife Code, are amended to read as follows:

(b) Not later than March 31 of the year following the year in

which a breeder deer is born, the breeder deer must be identified

by[ :

[ (1) attaching an 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 in accordance with Subsection (f) .

(f) An electronic identification device applied under

Subsection (b) [ (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 except as necessary to comply with Subsection

(h) .

(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 electronic

identification device [ tag ] that has been dislodged, damaged, or

removed by means other than human agency to the extent that the

device [ identification tag ] does not meet the requirements of

Subsections (b) and (f) [ (c) ] with another electronic

identification device [ tag ] that meets the requirements of

Subsections (b) and (f) [ (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 ].

(j) 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 associated with

the electronic identification device under Subsection (g) [ printed

on the identification tag attached to the deer under Subsection

(c) ].

SECTION 2. The following provisions of the Parks and

Wildlife Code are repealed:

(1) Sections 43.3561(a)(1) and (3); and

(2) Sections 43.3561(c), (d), (e), and (i).

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 the effective date of this Act. A breeder deer born

before the effective date of this Act is governed by the law in

effect on the date the breeder deer was born, and the former law is

continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.