By Hightower H.B. No. 3061 75R8937 SRC-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to regulation of the import, export, and management of 1-3 deer. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 161.041, Agriculture Code, is amended by 1-6 adding Subsection (f) to read as follows: 1-7 (f) A commission rule adopted under this section related to 1-8 the testing for bovine tuberculosis in interstate transactions 1-9 involving cervidae may not be more strict than the requirements of 1-10 the uniform guidelines for that purpose of the United States 1-11 Department of Agriculture. 1-12 SECTION 2. Chapter 43, Parks and Wildlife Code, is amended 1-13 by adding Subchapter R to read as follows: 1-14 SUBCHAPTER R. DEER MANAGEMENT PERMITS 1-15 Sec. 43.601. PERMIT FOR DEER MANAGEMENT. (a) The 1-16 department may issue a permit for the management of the wild 1-17 white-tailed deer and mule deer population of acreage enclosed by a 1-18 fence. 1-19 (b) The deer managed under the permit remain the property of 1-20 the people of the state, and the holder of the permit is considered 1-21 to be managing the population on behalf of the state. 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 of the department. The management plan may provide for 2-1 any action in regard to the deer population of the acreage, 2-2 including: 2-3 (1) the introduction of deer bred in the immediate 2-4 locality under a scientific breeder's permit for propagation with 2-5 wild deer on the acreage; 2-6 (2) the temporary detention within an enclosure of 2-7 wild deer for the purpose of propagation with other wild deer or 2-8 deer bred under a scientific breeder's permit; or 2-9 (3) the killing of wild deer out of season, or in 2-10 excess of limits, in accordance with the management plan as 2-11 necessary to the management of the deer population. 2-12 (b) A management plan approved by the department must be 2-13 consistent with the regulatory responsibilities of the commission 2-14 under Chapter 61. 2-15 Sec. 43.603. DURATION; FEE. (a) The permit is valid for a 2-16 period prescribed by the department of not less than one year. 2-17 (b) The department shall set a fee for the issuance or 2-18 renewal of a permit in an amount not to exceed $1,000. 2-19 Sec. 43.604. INSPECTION. An authorized employee of the 2-20 department may inspect at any time without warrant the acreage for 2-21 which the permit is issued for the purpose of determining the 2-22 permit holder's compliance with the management plan. 2-23 Sec. 43.605. APPLICATION OF GENERAL LAWS. Except as 2-24 expressly provided by this subchapter and the terms and conditions 2-25 of the permit and management plan, the general laws and regulations 2-26 of this state applicable to white-tailed deer and mule deer apply 2-27 to deer on the acreage covered by the permit. This subchapter does 3-1 not restrict or prohibit the use of high fences on acreage not 3-2 covered by a management plan. 3-3 SECTION 3. This Act takes effect immediately, except that 3-4 Section 1 of this Act takes effect September 1, 1997. 3-5 SECTION 4. The importance of this legislation and the 3-6 crowded condition of the calendars in both houses create an 3-7 emergency and an imperative public necessity that the 3-8 constitutional rule requiring bills to be read on three several 3-9 days in each house be suspended, and this rule is hereby suspended, 3-10 and that this Act take effect and be in force according to its 3-11 terms, and it is so enacted.