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.