PUC C.S.H.B. 3061 75(R)BILL ANALYSIS


STATE RECREATIONAL RESOURCES
C.S.H.B. 3061
By: Hightower
4-4-97
Committee Report (Substituted)



BACKGROUND 

Although wild deer belong the people of the state and not to the
landowners on which deer may be found, landowners engage in informal
management of the deer populations to improve the quality of Texas deer.
Current law provides no formal process by which landowners may be
authorized to engage in formal management activities, and provides no
efficient means for the Parks and Wildlife Department to regulate the
informal management that occurs. 

PURPOSE

This bill would also authorize the Texas Parks and Wildlife Department to
issue a deer management permit under which a landowner or permit holder
acts as an agent of the state in managing the deer population on the
person's acreage.  The permit holder must submit an annual management plan
for approval by the department, pay an annual fee, and permit department
inspections for compliance with the permit requirements and the management
plan.  The bill expressly provides that the wild deer managed under such a
permit remain public property and not the property of the permit holder.
Except as expressly provided in the management plan and the permit, the
general game laws continue to apply to deer on the acreage covered by the
permit. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency.  The bill does authorize the
Parks and Wildlife Department to issue a new type of permit and prescribe
the fee for its issuance and renewal. 

SECTION BY SECTION ANALYSIS

SECTION 1: Adds Subchapter R to Chapter 43, Parks and Wildlife Code, to
provide for the issuance of deer management permits by the Parks and
Wildlife Department. 
 
 Sec. 43.601. Provides that the department may issue a permit for the
management of    wild deer. 

 Sec. 43.602. Provides that the holder of a deer management permit must
submit a deer    management plan annually for approval or disapproval of
the department.     Provides for provisions to be included in the
management plan. 
 
 Sec. 43.603. Provides that a permit issued under this subchapter is
subject to a fee,    conditions established by the commission, and is
valid for a period set by    the department. 

 Sec. 43.604 Provides that an authorized employee of the department may
inspect the    records and the acreage for which the permit is issued at
any time. 

 Sec. 43.605. Provides that the holder of a permit shall maintain, in a
form prescribed by    the department, accurate records.  Provides outline
of information to be    contained in records. 
 
  Sec. 43.606. Provides for application of general laws.

 Sec. 43.607. Provides for what constitutes and offense and the penalties
for the offense. 

SECTION 2. Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill's SECTION 1, amended the Agriculture Code in dealing
with tuberculosis testing, this section is not contained in the committee
substitute. 

In the original bill, SECTION 2 as it defines Deer Management Permits is
much less detailed and restrictive than in the committee substitute.  CSHB
3061 expands on what is to be contained in a management plan, adds
conditions to the duration and fee of a permit, requires a permit holder
to maintain records and outlines what is to be contained in the records,
and establishes a penalty for offenses committed (outlines what
constitutes an offense). 

In the original bill SECTION 3, set the effective dates for the act, this
section is not contained in the committee substitute.