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.