SRC-SLL S.B. 1458 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1458
By: Armbrister
Natural Resources
4-7-97
As Filed


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, S.B. 1458 provides regulations regarding the import, export,
and management of deer. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Animal Health Commission in
SECTION 1 (Section 161.041(f), Agriculture Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 161.041, Agriculture Code, by adding Subsection
(f), to prohibit a Texas Animal Health Commission (commission) rule
adopted under this section related to the testing for bovine tuberculosis
in interstate transactions involving cervidae from being more strict than
the requirements of the uniform guidelines for that purpose of the United
States Department of Agriculture. 

SECTION 2. 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 and mule deer population of acreage enclosed by
a fence.  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
plan to annually submit a deer management plan for approval of the
department.  Sets forth items the plan is authorized to include.  Requires
a management plan approved by the department to be consistent with the
regulatory responsibilities of the Parks and Wildlife Commission under
Chapter 61. 

Sec.  43.603.  DURATION; FEE.  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 acreage for which
the permit is issued for the purpose of determining the permit holder's
compliance with the management plan. 

Sec.  43.605.  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. 

SECTION 3. Effective date: upon passage, except that SECTION 1 of this Act
takes effect September 1, 1997. 

SECTION 4. Emergency clause.
  Effective date: upon passage.