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.

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