|(a) Deer obtained from the wild under the authority
of a permit or letter of authority issued pursuant to Parks and Wildlife
Code, Chapter 43, Subchapter C, E, or R shall not be commingled with
deer held in a permitted deer breeding facility.
(b) A person commits an offense if that person places
or holds breeder deer in captivity at any place or in any facility
for which the herd inventory on file with the department does not
account for those breeder deer, except for fawn breeder deer that
are not yet required to be reported to the department.
(c) No breeder deer shall be held in a trailer or other
vehicle of any type except for the purpose of immediate transportation
from one location to another.
(d) Except as expressly authorized in writing by the
department, no person may possess a breeder deer in a nursing facility
beyond 120 days following the deer's birth.
(e) No person may hold more than one cervid species
at any time in a deer breeding facility except as provided by §65.602(e)
of this title (relating to Application and Permit Issuance), or cause
or allow the interbreeding by any means of white-tailed deer and mule
(f) Possession of a deer breeder's permit is not a
defense to prosecution under any statute prohibiting abuse of animals.
(g) No deer breeder shall exceed the number of breeder
deer allowable for the permitted facility, as specified by the department
on the deer breeder's permit.
(h) This subsection does not apply to breeder deer
lawfully obtained prior to June 21, 2005. Except as provided in this
subsection, no person may:
(1) possess a deer acquired from an out-of-state source;
(2) import or attempt to import deer from an out-of-state
(i) It is an offense for any person the department
has authorized as a facility inspector to submit the checklist or
letter of endorsement required by §65.603(a)(2) of this title
(relating to Application and Permit Issuance) if the person has not
personally conducted an onsite inspection at the facility.
(j) It is an offense for any person to violate or fail
to comply with the provisions a disease-testing plan created under
the provisions of §65.605(d) of this subsection.
(k) No person may clone or authorize or participate
in the cloning of a white-tailed deer or mule deer unless specifically
authorized to do so by a permit issued by the department under the
provisions of Parks and Wildlife Code, Chapter 43, Subchapter C. For
the purposes of this subsection, cloning is the creation or attempted
creation of a white-tailed or mule deer from a single progenitor cell.
(l) Except as provided under §65.602(e) of this
title, no person may possess deer, livestock, exotic livestock, or
similar animals in a deer breeding facility, or allow deer, livestock,
exotic livestock, or similar animals to access a deer breeding facility
(1) the deer identified in the reconciled herd inventory
for the facility; and
(2) offspring that are not required to be identified
and reported to the department under the provisions of Parks and Wildlife
Code, Chapter 43, Subchapter L.