By Turner of Coleman                                  H.B. No. 1489

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of certain animals.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 42.005(a), Parks and Wildlife Code, is

 1-5     amended to read as follows:

 1-6           (a)  No nonresident in this state may hunt a mule deer,

 1-7     white-tailed deer, turkey, pronghorn antelope, or desert bighorn

 1-8     sheep in this state[, aoudad sheep in Armstrong, Briscoe, Donley,

 1-9     Floyd, Hall, Motley, Randall, and Swisher counties, or elk in

1-10     Brewster, Culberson, Dallam, Deaf Smith, El Paso, Hartley,

1-11     Hudspeth, Jeff Davis, Moore, Oldham, Pecos, Potter, Presidio,

1-12     Reeves, and Terrell counties,] without first having acquired a

1-13     general nonresident hunting license.

1-14           SECTION 2.  Section 43.103(3), Parks and Wildlife Code, is

1-15     amended to read as follows:

1-16                 (3)  "Exotic animals" includes exotic livestock and

1-17     exotic fowl as defined by Section 161.001(a), Agriculture Code,

1-18     [and] wild animals that are nonindigenous to Texas, aoudad sheep,

1-19     and elk.

1-20           SECTION 3.  Section 44.006, Parks and Wildlife Code, is

1-21     amended to read as follows:

1-22           Sec. 44.006.  LICENSE PRIVILEGES. The holder of a valid game

1-23     breeder's license may:

1-24                 (1)  engage in the business of game breeding in the

 2-1     immediate locality for which the license was issued; or

 2-2                 (2)  sell or hold in captivity for the purpose of

 2-3     propagation or sale antelope, collared peccary, and wild

 2-4     squirrels[; and]

 2-5                 [(3)  sell or hold in captivity for the purpose of

 2-6     propagation or sale, elk in any county in which elk is a game

 2-7     animal].

 2-8           SECTION 4.  Section 61.056, Parks and Wildlife Code, is

 2-9     amended  to read as follows:

2-10           Sec. 61.056.  PROCLAMATIONS CONCERNING CERTAIN DEER AND[,]

2-11     ANTELOPE[, AND ELK].  A proclamation of the commission authorizing

2-12     the taking of antlerless deer or antelope in this state[, or elk in

2-13     Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, Pecos,

2-14     Presidio, Reeves, and Terrell counties,] is not effective for a

2-15     specific tract of land unless the landowner [owner] or the

2-16     landowner's agent [other person in charge of the land] agrees in

2-17     writing [to the removal and] to the number of antlerless deer or[,]

2-18     antelope permits [, or elk] authorized for the property [to be

2-19     taken].

2-20           SECTION 5.  Section 61.057, Parks and Wildlife Code, is

2-21     amended to read as follows:

2-22           Sec. 61.057.  ANTLERLESS DEER AND[,] ANTELOPE[, AND ELK

2-23     PERMITS].  (a) Except as provided in Subsection (c) of this

2-24     section, no person may hunt an antlerless deer or antelope in this

2-25     state[, or elk in Brewster, Culberson, El Paso, Hudspeth, Jeff

2-26     Davis, Pecos, Presidio, Reeves, and Terrell counties,] without

2-27     first having acquired an antlerless deer or[,] antelope[, or elk]

 3-1     permit issued by the department on a form provided by the

 3-2     department.

 3-3           (b)  The permit may be distributed [by the department or] by

 3-4     the landowner [owner] or landowner's agent for [other person in

 3-5     charge of a tract of] land [where hunting is authorized and] which

 3-6     is subject to an agreement under Section 61.056 of this code.  A

 3-7     landowner [An owner] or landowner's agent [other person in charge

 3-8     of land] may distribute permits only for the land the person [he]

 3-9     owns or the land for which the person is an agent [is in charge

3-10     of].

3-11           (c)  When conditions warrant, the commission may allow

3-12     hunting of antlerless deer or antelope in this state[, or elk in

3-13     Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, Pecos,

3-14     Presidio, Reeves, and Terrell counties,] without a permit.  The

3-15     proclamation allowing hunting without a permit must be specific as

3-16     to the county or portion of a county to which it applies.

3-17           (d)  No person may sell or trade a permit authorized by this

3-18     section for anything of value.

3-19           SECTION 6.  Section 62.015(a), Parks and Wildlife Code, is

3-20     amended to read as follows:

3-21           (a)  In this section, "exotic animal" means exotic livestock

3-22     or exotic fowl as defined by Section 161.001(a), Agriculture Code,

3-23     aoudad sheep, or elk.

3-24           SECTION 7.  Section 67.001(a), Parks and Wildlife Code, is

3-25     amended to read as follows:

3-26           (a)  In this chapter, "nongame" means those species of

3-27     vertebrate and invertebrate wildlife indigenous to Texas[, and elk

 4-1     east of the Pecos,] that are not classified as game animals, game

 4-2     birds, game fish, fur-bearing animals, endangered species,

 4-3     alligators, marine penaeid shrimp, or oysters.

 4-4           SECTION 8.  Sections 63.001(c) and (d), Parks and Wildlife

 4-5     Code, are repealed.

 4-6           SECTION 9.  The importance of this legislation and the

 4-7     crowded condition of the calendars in both houses create an

 4-8     emergency and an imperative public necessity that the

 4-9     constitutional rule requiring bills to be read on three several

4-10     days in each house be suspended, and this rule is hereby suspended.