By: Kubiak H.B. No. 286
73R2329 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the deer season and the authority of counties to set
1-3 deer limitations; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 61, Parks and Wildlife Code, is amended
1-6 by adding Subchapter G to read as follows:
1-7 SUBCHAPTER G. COUNTY REGULATION OF WHITE-TAILED
1-8 DEER POPULATION
1-9 Sec. 61.951. COMMISSION PROCLAMATION ON WHITE-TAILED DEER
1-10 SEASON. A proclamation of the commission under this chapter that
1-11 establishes an open season for the taking or possession of
1-12 white-tailed deer constitutes a maximum season that may be
1-13 shortened by a county commissioners court under this subchapter.
1-14 Sec. 61.952. COUNTY REGULATION OF WHITE-TAILED DEER SEASON.
1-15 A county commissioners court by order may, within the open season
1-16 period prescribed by the commission under this chapter, set a
1-17 shorter period for the taking or possession in the county of
1-18 white-tailed deer if the commissioners court determines that:
1-19 (1) the complete season proclaimed by the commission
1-20 may lead to the depletion of white-tailed deer in the county; or
1-21 (2) the deer habitat within the county is threatened
1-22 by:
1-23 (A) agricultural uses of land;
1-24 (B) climatic conditions;
2-1 (C) urban expansion; or
2-2 (D) other factors limiting or likely to limit
2-3 white-tailed deer population in the county.
2-4 Sec. 61.953. CERTAIN WHITE-TAILED BUCKS: TAKING PROHIBITED.
2-5 A county commissioners court by order may prohibit the taking or
2-6 possession in the county of white-tailed bucks that have less than
2-7 three points showing if the prohibition:
2-8 (1) is likely to prevent depletion of white-tailed
2-9 deer in the county; or
2-10 (2) the deer habitat within the county is threatened
2-11 by:
2-12 (A) agricultural uses of land;
2-13 (B) climatic conditions;
2-14 (C) urban expansion; or
2-15 (D) other factors limiting or likely to limit
2-16 white-tailed deer population in the county.
2-17 Sec. 61.954. WHITE-TAILED DOES: TAKING PROHIBITED. A
2-18 county commissioners court by order may prohibit the taking or
2-19 possession of white-tailed does in the county if the action:
2-20 (1) is likely to prevent depletion of white-tailed
2-21 deer in the county; or
2-22 (2) the deer habitat within the county is threatened
2-23 by:
2-24 (A) agricultural uses of land;
2-25 (B) climatic conditions;
2-26 (C) urban expansion; or
2-27 (D) other factors limiting or likely to limit
3-1 white-tailed deer population in the county.
3-2 Sec. 61.955. WHITE-TAILED DOES: PERMIT SYSTEM. (a) A
3-3 commissioners court of a county in which the taking of white-tailed
3-4 does is allowed by order may establish a white-tailed doe permit
3-5 system that limits the taking or possession of white-tailed does in
3-6 all or a part of the county.
3-7 (b) A county commissioners court may limit the taking or
3-8 possession of white-tailed does under this section if the action:
3-9 (1) is likely to prevent depletion of white-tailed
3-10 deer in the county; or
3-11 (2) the deer habitat within the county is threatened
3-12 by:
3-13 (A) agricultural uses of land;
3-14 (B) climatic conditions;
3-15 (C) urban expansion; or
3-16 (D) other factors limiting or likely to limit
3-17 white-tailed deer population in the county.
3-18 (c) A county that establishes a permit system under this
3-19 section shall issue to landowners doe permits according to the
3-20 acreage held by the landowner. The county shall print and
3-21 distribute the permits at county expense.
3-22 (d) The commission by proclamation shall prescribe
3-23 requirements for possession of a doe permit in a county that
3-24 establishes a doe permit system under this section.
3-25 (e) A person commits an offense if the person takes or
3-26 possesses a white-tailed doe in a portion of a county to which a
3-27 permit system established under this subchapter applies without
4-1 receiving a permit from the landowner.
4-2 Sec. 61.956. NOTICE OF ACTION. (a) A county that takes
4-3 action under Section 61.952, 61.953, or 61.954 of this code shall
4-4 file with the commission, on a form prescribed by the commission, a
4-5 notice of the county's action.
4-6 (b) The commission shall publish in the Texas Register a
4-7 notice of action filed under Subsection (a) of this section.
4-8 (c) On publication of notice in the Texas Register, the
4-9 action of a commissioners court under this subchapter has the
4-10 effect of, and is enforceable under Section 61.901 of this code in
4-11 the same manner as, a commission proclamation.
4-12 Sec. 61.957. WHITE-TAILED DEER REGULATION AREAS. (a) Two
4-13 or more counties may agree by order of their respective
4-14 commissioners courts to apply jointly to the commission for
4-15 recognition as a white-tailed deer regulation area for the purpose
4-16 of taking collective action under this subchapter.
4-17 (b) Application under this section shall be on a form and
4-18 under procedures prescribed by commission rule.
4-19 (c) For a white-tailed deer regulation area to be approved
4-20 by the commission, each county within the area must have a
4-21 contiguous boundary consisting of more than one point with at least
4-22 one other county applying under this section, and the group of
4-23 counties within the area must form a single territory.
4-24 (d) The commission shall approve an application filed under
4-25 this section if it determines that the applicants:
4-26 (1) are part of a similar geographic region; and
4-27 (2) have similar conditions regarding their respective
5-1 white-tailed deer populations.
5-2 Sec. 61.958. EFFECT OF ACTION BY TWO-THIRDS MAJORITY OF
5-3 COUNTIES IN WHITE-TAILED DEER REGULATION AREA. (a) If a notice of
5-4 action containing an identical regulation under Section 61.952,
5-5 61.953, or 61.954 of this code is filed with the commission by at
5-6 least two-thirds of the counties comprising an approved
5-7 white-tailed deer regulation area, the remaining counties in the
5-8 area are bound by the action of the two-thirds majority.
5-9 (b) On receipt of notices of action containing an identical
5-10 regulation under Section 61.952, 61.953, or 61.954 of this code
5-11 from two-thirds of the counties comprising an approved white-tailed
5-12 deer regulation area, the commission shall publish notice of the
5-13 action and the names of the counties affected in:
5-14 (1) the Texas Register; and
5-15 (2) a newspaper of general circulation in each county
5-16 in the regulation area that did not file a notice of action.
5-17 (c) On publication of notice in the Texas Register, the
5-18 action of the white-tailed deer regulation area has the effect of,
5-19 and is enforceable under Section 61.901 of this code in the same
5-20 manner as, a commission proclamation.
5-21 Sec. 61.959. ENFORCEMENT. Enforcement officers of the
5-22 department shall enforce a regulation adopted under this
5-23 subchapter.
5-24 Sec. 61.960. PROHIBITED ACTS; PENALTY. (a) A person who
5-25 violates Section 61.955 of this code or a regulation adopted under
5-26 that section commits an offense that is a Class C Parks and
5-27 Wildlife Code misdemeanor.
6-1 (b) If it is shown at the trial of the defendant for a
6-2 violation of this subchapter or a regulation adopted under this
6-3 subchapter that the defendant has been convicted of a violation of
6-4 Section 61.955 of this code within 10 years preceding the trial
6-5 date, on conviction the defendant shall be punished for a Class B
6-6 Parks and Wildlife Code misdemeanor.
6-7 SECTION 2. This Act takes effect September 1, 1993.
6-8 SECTION 3. The importance of this legislation and the
6-9 crowded condition of the calendars in both houses create an
6-10 emergency and an imperative public necessity that the
6-11 constitutional rule requiring bills to be read on three several
6-12 days in each house be suspended, and this rule is hereby suspended.