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.