75R10898 SRC-D
By Hightower H.B. No. 3061
Substitute the following for H.B. No. 3061:
By Hightower C.S.H.B. No. 3061
A BILL TO BE ENTITLED
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 Sec. 43.602. MANAGEMENT PLAN. (a) The holder of a deer
1-18 management permit must annually submit a deer management plan for
1-19 approval or disapproval of the department. The management plan
1-20 must provide for specific management practices to be applied to the
1-21 deer population on the acreage, which may include, in addition to
1-22 other practices:
1-23 (1) the temporary detention within an enclosure on the
1-24 acreage covered by the permit of wild white-tailed deer for the
2-1 purpose of propagation with other wild deer, and the release of
2-2 those deer on that acreage;
2-3 (2) the killing of wild deer in open seasons
2-4 established by the commission in a number set in the management
2-5 plan; or
2-6 (3) the killing of wild deer during a special season
2-7 having a special bag limit established by the commission for this
2-8 permit.
2-9 (b) A management plan approved by the department must be
2-10 consistent with the regulatory responsibilities of the commission
2-11 under Chapter 61.
2-12 (c) A management plan may not authorize the killing of wild
2-13 deer within an enclosure designed for the temporary detention of
2-14 wild deer under Subsection (a)(1).
2-15 Sec. 43.603. CONDITIONS; DURATION; FEE. (a) A permit
2-16 issued under this subchapter is subject to conditions established
2-17 by the commission, including conditions governing:
2-18 (1) the number of deer that may be killed on the
2-19 property by a single person;
2-20 (2) the number and type of deer that may be killed or
2-21 taken under the permit; and
2-22 (3) the number, type, and length of time that deer may
2-23 be temporarily detained in an enclosure.
2-24 (b) The permit is valid for a period prescribed by the
2-25 department of not less than one year.
2-26 (c) The department shall set a fee for the issuance or
2-27 renewal of a permit in an amount not to exceed $1,000.
3-1 Sec. 43.604. INSPECTION. An authorized employee of the
3-2 department may inspect at any time without warrant the records
3-3 required by Section 43.605 and the acreage for which the permit is
3-4 issued for the purpose of determining the permit holder's
3-5 compliance with the management plan.
3-6 Sec. 43.605. RECORDS. The holder of a permit issued under
3-7 this subchapter shall maintain, in a form prescribed by the
3-8 department, an accurate record showing:
3-9 (1) the number of white-tailed deer taken during the
3-10 general open seasons and during any special seasons;
3-11 (2) the number of white-tailed deer temporarily
3-12 detained and released during the permit period; and
3-13 (3) any other information required by the department
3-14 that reasonably relates to the activities covered by the permit.
3-15 Sec. 43.606. APPLICATION OF GENERAL LAWS. Except as
3-16 expressly provided by this subchapter and the terms and conditions
3-17 of the permit and management plan, the general laws and regulations
3-18 of this state applicable to white-tailed deer apply to deer on the
3-19 acreage covered by the permit. This subchapter does not restrict
3-20 or prohibit the use of high fences on acreage not covered by a
3-21 management plan.
3-22 Sec. 43.607. PENALTY. (a) A person commits an offense if
3-23 the person:
3-24 (1) violates a provision of this subchapter or a
3-25 regulation of the department adopted under this subchapter;
3-26 (2) violates a condition of permit imposed under
3-27 Section 43.603(a);
4-1 (3) fails to maintain records required by Section
4-2 43.605; or
4-3 (4) kills or allows to be killed a deer temporarily
4-4 detained under Section 43.602(a)(1).
4-5 (b) An offense under Subsections (a)(1)-(3) is a Class C
4-6 Parks and Wildlife Code misdemeanor.
4-7 (c) An offense under Subsection (a)(4) is a Class A Parks
4-8 and Wildlife Code misdemeanor.
4-9 SECTION 2. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended,
4-14 and that this Act take effect and be in force from and after its
4-15 passage, and it is so enacted.