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.