1-1                                   AN ACT

 1-2     relating to regulation of the import, export, and management of

 1-3     deer; providing penalties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 43, Parks and Wildlife Code, is amended

 1-6     by adding Subchapter R to read as follows:

 1-7                   SUBCHAPTER R.  DEER MANAGEMENT PERMITS

 1-8           Sec. 43.601.  PERMIT FOR DEER MANAGEMENT.  (a)  The

 1-9     department may issue a permit for the management of the wild

1-10     white-tailed deer population on acreage enclosed by a fence capable

1-11     of retaining white-tailed deer (under reasonable and ordinary

1-12     circumstances) and capable of preventing entry by a white-tailed

1-13     deer.

1-14           (b)  The deer managed under the permit remain the property of

1-15     the people of the state, and the holder of the permit is considered

1-16     to be managing the population on behalf of the state.

1-17           (c)  If a special season with a special bag limit is

1-18     established by the commission for holders of a deer management

1-19     permit, the holder of the permit may not receive compensation for

1-20     granting any other person permission to kill a wild deer during

1-21     that special season on acreage covered by the permit.

1-22           Sec. 43.602.  MANAGEMENT PLAN.  (a)  The holder of a deer

1-23     management permit must annually submit a deer management plan for

1-24     approval or disapproval of the department.  The management plan

 2-1     must provide for specific management practices to be applied to the

 2-2     deer population on the acreage, which may include, in addition to

 2-3     other practices:

 2-4                 (1)  the temporary detention within an enclosure on the

 2-5     acreage covered by the permit of wild white-tailed deer for the

 2-6     purpose of propagation with other wild deer, and the release of

 2-7     those deer on that acreage;

 2-8                 (2)  the killing of wild deer in open seasons

 2-9     established by the commission in a number set in the management

2-10     plan; or

2-11                 (3)  the killing of wild deer during a special season

2-12     having a special bag limit established by the commission for this

2-13     permit.

2-14           (b)  A management plan approved by the department must be

2-15     consistent with the regulatory responsibilities of the commission

2-16     under Chapter 61.

2-17           (c)  A management plan may not authorize the killing of wild

2-18     deer within an enclosure designed for the temporary detention of

2-19     wild deer under Subsection (a)(1).

2-20           Sec. 43.603.  CONDITIONS; DURATION; FEE.  (a)  A permit

2-21     issued under this subchapter is subject to conditions established

2-22     by the commission, including conditions governing:

2-23                 (1)  the number of deer that may be killed on the

2-24     property by a single person;

2-25                 (2)  the number and type of deer that may be killed or

2-26     taken under the permit; and

2-27                 (3)  the number, type, and length of time that deer may

 3-1     be temporarily detained in an enclosure.

 3-2           (b)  The permit is valid for a period prescribed by the

 3-3     department of not less than one year.

 3-4           (c)  The department shall set a fee for the issuance or

 3-5     renewal of a permit in an amount not to exceed $1,000.

 3-6           Sec. 43.604.  INSPECTION.  An authorized employee of the

 3-7     department may inspect at any time without warrant the records

 3-8     required by Section 43.605 and the acreage for which the permit is

 3-9     issued for the purpose of determining the permit holder's

3-10     compliance with the management plan.

3-11           Sec. 43.605.  RECORDS.  The holder of a permit issued under

3-12     this subchapter shall maintain, in a form prescribed by the

3-13     department, an accurate record showing:

3-14                 (1)  the number of white-tailed deer taken during the

3-15     general open seasons and during any special seasons;

3-16                 (2)  the number of white-tailed deer temporarily

3-17     detained and released during the permit period; and

3-18                 (3)  any other information required by the department

3-19     that reasonably relates to the activities covered by the permit.

3-20           Sec. 43.606.  APPLICATION OF GENERAL LAWS.  Except as

3-21     expressly provided by this subchapter and the terms and conditions

3-22     of the permit and management plan, the general laws and regulations

3-23     of this state applicable to white-tailed deer apply to deer on the

3-24     acreage covered by the permit.  This subchapter does not restrict

3-25     or prohibit the use of high fences on acreage not covered by a

3-26     management plan.

3-27           Sec. 43.607.  PENALTY.  (a)  A person commits an offense if

 4-1     the person:

 4-2                 (1)  violates a provision of this subchapter or a

 4-3     regulation of the department adopted under this subchapter;

 4-4                 (2)  violates a condition of permit imposed under

 4-5     Section 43.603(a);

 4-6                 (3)  fails to maintain records required by Section

 4-7     43.605; or

 4-8                 (4)  kills or allows to be killed a deer temporarily

 4-9     detained under Section 43.602(a)(1).

4-10           (b)  An offense under Subsections (a)(1)-(3) is a Class C

4-11     Parks and Wildlife Code misdemeanor.

4-12           (c)  An offense under Subsection (a)(4) is a Class A Parks

4-13     and Wildlife Code misdemeanor.

4-14           SECTION 2.  The importance of this legislation and the

4-15     crowded condition of the calendars in both houses create an

4-16     emergency and an imperative public necessity that the

4-17     constitutional rule requiring bills to be read on three several

4-18     days in each house be suspended, and this rule is hereby suspended,

4-19     and that this Act take effect and be in force from and after its

4-20     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 3061 was passed by the House on May

         1, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 3061 on May 30, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 3061 was passed by the Senate, with

         amendments, on May 28, 1997, by the following vote:  Yeas 27, Nays

         2.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor