Section 43.357 - Permit Privileges; Regulations(a) The holder of a valid deer breeder's permit may:(1) engage in the business of breeding breeder deer in the immediate locality for which the permit was issued; and(2) sell, transfer to another person, or hold in captivity live breeder deer for the purpose of propagation or sale.(a-1) A deer breeder, a deer breeder's authorized agent, or an assistant who is not a permittee under this subchapter but is acting under the direction of a deer breeder or a deer breeder's authorized agent may capture a breeder deer held in a permitted facility for: (1) removal from an enclosure;(2) veterinary treatment;(4) euthanasia for the purpose of: (A) humane dispatch of the breeder deer; or(B) the conduct of a test for a reportable disease as required by law; or(5) any other purpose required or allowed by law.(b) The commission may make regulations governing:(1) the possession of breeder deer held under the authority of this subchapter;(2) the recapture of lawfully possessed breeder deer that have escaped from the facility of a deer breeder;(3) permit applications and fees;(4) reporting requirements;(5) procedures and requirements for the purchase, transfer, sale, or shipment of breeder deer;(6) the endorsement of a deer breeder facility by a certified wildlife biologist;(7) the number of breeder deer that a deer breeder may possess; and(8) the dates for which a deer breeder permit is valid.(c) A person who holds a permit under this subchapter or a person who receives a breeder deer under this subchapter is not required to have the release site inspected or approved before the release of a breeder deer from a breeding facility. This section does not preclude the department from making a habitat inspection but does direct the department to refrain from implementing habitat inspection rules or procedures that could unreasonably impede the broader deer breeding industry.(d) Subsection (c) does not exempt a person from the requirements under the following permits issued by the department: (1) managed land deer permit regulated under 31 T.A.C. Sections 65.26 and 65.34;(2) deer management permit under Section 43.601;(3) trap, transport, and transplant permit under Sections 43.061 and 43.0611;(4) trap, transport, and process permit under Section 43.0612; and(5) antlerless deer control permit regulated under 31 T.A.C. Sections 65.25 and 65.27.Tex. Parks and Wild. § 43.357
Amended By Acts 2007, 80th Leg., R.S., Ch. 79, Sec. 2, eff. 9/1/2007.Amended By Acts 1997, 75th Leg., ch. 1255, Sec. 3, eff. 9/1/1997Amended By Acts 1997, 75th Leg., ch. 1256, Sec. 39, eff. 9/1/1997.Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 13, 14, eff. 9/1/1991Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff. 9/1/1985.