1-1 By: Hightower, et al. (Senate Sponsor - Armbrister) H.B. No. 3061 1-2 (In the Senate - Received from the House May 2, 1997; 1-3 May 5, 1997, read first time and referred to Committee on Natural 1-4 Resources; May 9, 1997, reported favorably by the following vote: 1-5 Yeas 7, Nays 0; May 9, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to regulation of the import, export, and management of 1-9 deer; providing penalties. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 43, Parks and Wildlife Code, is amended 1-12 by adding Subchapter R to read as follows: 1-13 SUBCHAPTER R. DEER MANAGEMENT PERMITS 1-14 Sec. 43.601. PERMIT FOR DEER MANAGEMENT. (a) The 1-15 department may issue a permit for the management of the wild 1-16 white-tailed deer population on acreage enclosed by a fence capable 1-17 of retaining white-tailed deer (under reasonable and ordinary 1-18 circumstances) and capable of preventing entry by a white-tailed 1-19 deer. 1-20 (b) The deer managed under the permit remain the property of 1-21 the people of the state, and the holder of the permit is considered 1-22 to be managing the population on behalf of the state. 1-23 Sec. 43.602. MANAGEMENT PLAN. (a) The holder of a deer 1-24 management permit must annually submit a deer management plan for 1-25 approval or disapproval of the department. The management plan 1-26 must provide for specific management practices to be applied to the 1-27 deer population on the acreage, which may include, in addition to 1-28 other practices: 1-29 (1) the temporary detention within an enclosure on the 1-30 acreage covered by the permit of wild white-tailed deer for the 1-31 purpose of propagation with other wild deer, and the release of 1-32 those deer on that acreage; 1-33 (2) the killing of wild deer in open seasons 1-34 established by the commission in a number set in the management 1-35 plan; or 1-36 (3) the killing of wild deer during a special season 1-37 having a special bag limit established by the commission for this 1-38 permit. 1-39 (b) A management plan approved by the department must be 1-40 consistent with the regulatory responsibilities of the commission 1-41 under Chapter 61. 1-42 (c) A management plan may not authorize the killing of wild 1-43 deer within an enclosure designed for the temporary detention of 1-44 wild deer under Subsection (a)(1). 1-45 Sec. 43.603. CONDITIONS; DURATION; FEE. (a) A permit 1-46 issued under this subchapter is subject to conditions established 1-47 by the commission, including conditions governing: 1-48 (1) the number of deer that may be killed on the 1-49 property by a single person; 1-50 (2) the number and type of deer that may be killed or 1-51 taken under the permit; and 1-52 (3) the number, type, and length of time that deer may 1-53 be temporarily detained in an enclosure. 1-54 (b) The permit is valid for a period prescribed by the 1-55 department of not less than one year. 1-56 (c) The department shall set a fee for the issuance or 1-57 renewal of a permit in an amount not to exceed $1,000. 1-58 Sec. 43.604. INSPECTION. An authorized employee of the 1-59 department may inspect at any time without warrant the records 1-60 required by Section 43.605 and the acreage for which the permit is 1-61 issued for the purpose of determining the permit holder's 1-62 compliance with the management plan. 1-63 Sec. 43.605. RECORDS. The holder of a permit issued under 1-64 this subchapter shall maintain, in a form prescribed by the 2-1 department, an accurate record showing: 2-2 (1) the number of white-tailed deer taken during the 2-3 general open seasons and during any special seasons; 2-4 (2) the number of white-tailed deer temporarily 2-5 detained and released during the permit period; and 2-6 (3) any other information required by the department 2-7 that reasonably relates to the activities covered by the permit. 2-8 Sec. 43.606. APPLICATION OF GENERAL LAWS. Except as 2-9 expressly provided by this subchapter and the terms and conditions 2-10 of the permit and management plan, the general laws and regulations 2-11 of this state applicable to white-tailed deer apply to deer on the 2-12 acreage covered by the permit. This subchapter does not restrict 2-13 or prohibit the use of high fences on acreage not covered by a 2-14 management plan. 2-15 Sec. 43.607. PENALTY. (a) A person commits an offense if 2-16 the person: 2-17 (1) violates a provision of this subchapter or a 2-18 regulation of the department adopted under this subchapter; 2-19 (2) violates a condition of permit imposed under 2-20 Section 43.603(a); 2-21 (3) fails to maintain records required by Section 2-22 43.605; or 2-23 (4) kills or allows to be killed a deer temporarily 2-24 detained under Section 43.602(a)(1). 2-25 (b) An offense under Subsections (a)(1)-(3) is a Class C 2-26 Parks and Wildlife Code misdemeanor. 2-27 (c) An offense under Subsection (a)(4) is a Class A Parks 2-28 and Wildlife Code misdemeanor. 2-29 SECTION 2. The importance of this legislation and the 2-30 crowded condition of the calendars in both houses create an 2-31 emergency and an imperative public necessity that the 2-32 constitutional rule requiring bills to be read on three several 2-33 days in each house be suspended, and this rule is hereby suspended, 2-34 and that this Act take effect and be in force from and after its 2-35 passage, and it is so enacted. 2-36 * * * * *