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