Relating to the regulation of deer breeding; creating criminal offenses.

89(R) SB 2844 - Engrossed version - Bill Text

By: Perry

S.B. No. 2844

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of deer breeding; creating criminal

offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 43.360, Parks and Wildlife Code, is

amended to read as follows:

Sec. 43.360. ENCLOSURE SIZE.
(a) Except as provided by

Subsection (b), a
[
A
] single enclosure for breeder deer may not

contain more than
20
[
100
] acres.

(b)

A single enclosure for breeder deer may contain not more

than 100 acres if:

(1)

the deer breeding facility's permit was issued and

continuously maintained prior to September 1, 2025; and

(2)

the permitted enclosure existed before September

1, 2025.

(c)

A single enclosure for breeder deer in a facility

described by Subsection (b) may not be expanded to contain more than

20 acres.

SECTION 2. Section 43.365(a), Parks and Wildlife Code, is

amended to read as follows:

(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

subchapter, except as provided by this subchapter or a rule adopted

by the commission under this 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 subchapter or a rule adopted by the commission under this

subchapter
;

(3)

places or holds breeder deer in captivity at any

place or in any facility not accounted for in the breeding facility

inventory on file with the department as required by commission

rule;

(4)

fails to report the mortality of a breeder deer as

required by commission rule;

(5)

fails to submit a disease test sample as required

by commission rule;

(6)

violates or fails to comply with a disease testing

plan issued by the department under commission rule for a deer

breeding facility from which breeder deer have escaped;

(7)

knowingly possesses a live deer acquired

unlawfully;

(8)

knowingly and unlawfully imports or attempts to

import a deer;

(9)

transfers a breeder deer that does not bear the

identification required by Section 43.3561 or commission rule;

(10)

transfers a breeder deer in violation of a

commission rule requiring disease testing; or

(11)

knowingly submits a disease test sample taken

from a deer other than the breeder deer or deer identified as the

deer from which the test sample was taken, unless the deer was

misidentified due to a clerical error
.

SECTION 3. The heading to Section 43.367, Parks and

Wildlife Code, is amended to read as follows:

Sec. 43.367.
PENALTIES
[
PENALTY
].

SECTION 4. Section 43.367, Parks and Wildlife Code, is

amended by amending Subsection (a) and adding Subsections (c), (d),

(e), (f), and (g) to read as follows:

(a) Except as
otherwise
provided by
this section

[
Subsection (b)
], a person who violates a provision of this

subchapter or a regulation of the commission issued under this

subchapter or who fails to file a full and complete report as

required by Section 43.359 commits an offense that is a Class C

Parks and Wildlife Code misdemeanor.

(c)

A person who violates Section 43.361 or 43.365(a)(3),

(4), (5), or (6) commits an offense that is a Class B Parks and

Wildlife Code misdemeanor if it is shown on the trial of the offense

that the actor has been previously convicted of an offense under

this section involving a violation of Section 43.361 or

43.365(a)(3), (4), (5), or (6).

(d)

A person who violates Section 43.365(a)(7) or (8)

commits an offense that is a Class B Parks and Wildlife Code

misdemeanor.

(e)

A person who violates Section 43.362 or 43.365(a)(9)

commits an offense that is a Class A Parks and Wildlife Code

misdemeanor if it is shown on the trial of the offense that the

actor has been previously convicted of an offense under this

section involving a violation of Section 43.362 or 43.365(a)(9).

(f)

A person who violates Section 43.365(a)(10) commits an

offense that is a Class A Parks and Wildlife Code misdemeanor.

(g)

A person who violates Section 43.365(a)(11) commits an

offense that is a Parks and Wildlife Code state jail felony if it is

shown on the trial of the offense that the actor has been previously

convicted of an offense under this section involving a violation of

Section 43.365(a)(11).

SECTION 5. The changes in law made by this Act apply 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 6. This Act takes effect September 1, 2025.