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.