SRC-JFA H.B. 3061 75(R)    BILL ANALYSIS


Senate Research CenterH.B. 3061
By: Hightower (Armbrister)
Natural Resources
5-8-97
Engrossed


DIGEST 

Currently, the Texas Animal Health Commission has broad general authority
to adopt rules to protect livestock, domestic animals, and domestic fowl
from commercial diseases.  Under current rules, the import or export of
deer requires at least two tests for tuberculosis and therefore requires
that the deer be tranquilized several times for administration of serum
and testing.  Texas rules are more strict in this regard than the United
States Department of Agriculture uniform rules.  Additionally, many
landowners engage in informal management of the deer populations to
improve the quality of Texas deer.  But currently, the law provides no
formal process by which landowners may be authorized to engage in formal
management activities of deer populations, and provides no efficient means
for the Parks and Wildlife Department to regulate the informal management
that occurs.  This bill will provide regulations regarding the import,
export, and management of deer. 

PURPOSE

As proposed, H.B. 3061 provides regulations regarding the import, export,
and management of deer. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 43, Parks and Wildlife Code, by adding
Subchapter R, as follows:  

SUBCHAPTER R.  DEER MANAGEMENT PERMITS

Sec.  43.601.  PERMIT FOR DEER MANAGEMENT.  Authorizes the Parks and
Wildlife Department (department) to issue a permit for the management of
the wild white-tailed deer population on acreage enclosed by a fence
capable of retaining white-tailed deer (under reasonable and ordinary
circumstances) and capable of preventing entry by a white-tailed deer.
Provides that the deer managed under the permit remain the property of the
people of the state, and the holder of the permit is considered to be
managing the population on behalf of the state. 

Sec.  43.602.  MANAGEMENT PLAN.  Requires the holder of a deer management
permit to annually submit a deer management plan for approval or
disapproval of the department. Sets forth requirements for the plan.
Requires a management plan approved by the department to be consistent
with the regulatory responsibilities of the Parks and Wildlife Commission
(commission) under Chapter 61.  Prohibits a management plan from
authorizing the killing of wild deer within an enclosure designed for the
temporary detention of wild deer under Subsection (a)(1). 

Sec.  43.603.  CONDITIONS; DURATION; FEE.  Provides that a permit issued
under this subchapter is subject to certain conditions established by the
commission.  Provides that the permit is valid for a period prescribed by
the department of not less than one year.  Requires the department to set
a fee for the issuance or renewal of a permit in an amount not to exceed
$1,000. 

 Sec.  43.604.  INSPECTION.  Authorizes an authorized employee of the
department to inspect at any time without warrant the records required by
Section 43.605 and the acreage for which the permit is issued for the
purpose of determining the permit holder's compliance with the management
plan. 

Sec.  43.605.  RECORDS. Requires the holder of a permit issued under this
subchapter to maintain, in a form prescribed by the department, an
accurate record containing certain information. 

Sec.  43.606.  APPLICATION OF GENERAL LAWS.  Provides that, except as
expressly provided by this subchapter and the terms and conditions of the
permit and management plan, the general laws and regulations of this state
applicable to white-tailed deer and mule deer apply to deer on the acreage
covered by the permit.  Provides that this subchapter does not restrict or
prohibit the use of high fences on acreage not covered by a management
plan. 

Sec.  43.607.  PENALTY.  Sets forth penalties for certain violations
related to this subchapter. 

SECTION 2. Emergency clause.
  Effective date: upon passage.