By Turner of Coleman H.B. No. 1489
75R5842 GJH-D
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.