1-1     By:  Armbrister                                       S.B. No. 1458

 1-2           (In the Senate - Filed March 13, 1997; March 19, 1997, read

 1-3     first time and referred to Committee on Natural Resources;

 1-4     April 10, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 10, Nays 0; April 10, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1458                   By:  Truan

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to regulation and management of deer; providing penalties.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  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 population of acreage enclosed by a fence capable

1-18     of retaining white-tailed deer under reasonable and ordinary

1-19     circumstances and capable of preventing entry by a white-tailed

1-20     deer.

1-21           (b)  The deer managed under the permit remain the property of

1-22     the people of the state, and the holder of the permit is considered

1-23     to be managing the population on behalf of the state.

1-24           Sec. 43.602.  MANAGEMENT PLAN.  (a)  The holder of a deer

1-25     management permit must annually submit a deer management plan for

1-26     approval or disapproval of the department.  The management plan

1-27     must provide for specific management practices to be applied to the

1-28     deer population of the acreage, which may include, in addition to

1-29     other practices:

1-30                 (1)  the temporary detention, within an enclosure on

1-31     the acreage covered by the permit, of wild white-tailed deer for

1-32     the purpose of propagation with other wild deer, and the release of

1-33     those deer on that acreage;

1-34                 (2)  the killing of wild deer in open seasons

1-35     established by the commission in a number set in the management

1-36     plan; or

1-37                 (3)  the killing of wild deer during a special season

1-38     having a special bag limit established by the commission for this

1-39     permit.

1-40           (b)  A management plan approved by the department must be

1-41     consistent with the regulatory responsibilities of the commission

1-42     under Chapter 61.

1-43           (c)  A management plan may not authorize the killing of wild

1-44     deer within an enclosure designed for the temporary detention of

1-45     wild deer under Subsection (a)(1).

1-46           Sec. 43.603.  CONDITIONS; DURATION; FEE.  (a)  A permit

1-47     issued under this subchapter is subject to conditions established

1-48     by the commission, including conditions governing:

1-49                 (1)  the number of deer that may be killed on the

1-50     property by a single person;

1-51                 (2)  the number and type of deer that may be killed or

1-52     taken under the permit; and

1-53                 (3)  the number, type, and length of time that deer may

1-54     be temporarily detained in an enclosure.

1-55           (b)  The permit is valid for a period prescribed by the

1-56     department of not less than one year.

1-57           (c)  The department shall set a fee for the issuance or

1-58     renewal of a permit in an amount not to exceed $1,000.

1-59           Sec. 43.604.  INSPECTION.  An authorized employee of the

1-60     department may inspect at any time without warrant the records

1-61     required by Section 43.605 and the acreage for which the permit is

1-62     issued for the purpose of determining the permit holder's

1-63     compliance with the management plan.

1-64           Sec. 43.605.  RECORDS.  The holder of a permit issued under

 2-1     this subchapter shall maintain, in a form prescribed by the

 2-2     department, an accurate record showing:

 2-3                 (1)  the number of white-tailed deer taken during the

 2-4     general open seasons and during any special seasons;

 2-5                 (2)  the number of white-tailed deer temporarily

 2-6     detained and released during the permit period; and

 2-7                 (3)  any other information required by the department

 2-8     that reasonably relates to the activities covered by the permit.

 2-9           Sec. 43.606.  APPLICATION OF GENERAL LAWS.  Except as

2-10     expressly provided by this subchapter and the terms and conditions

2-11     of the permit and management plan, the general laws and regulations

2-12     of this state applicable to white-tailed deer apply to deer on the

2-13     acreage covered by the permit.  This subchapter does not restrict

2-14     or prohibit the use of high fences on acreage not covered by a

2-15     management plan.

2-16           Sec. 43.607.  PENALTY.  (a)  A person commits an offense if

2-17     the person:

2-18                 (1)  violates a provision of this subchapter or a

2-19     regulation of the department adopted under this subchapter;

2-20                 (2)  violates a condition of a permit imposed under

2-21     Section 43.603(a);

2-22                 (3)  fails to maintain records required by Section

2-23     43.605; or

2-24                 (4)  kills or allows to be killed a deer temporarily

2-25     detained under Section 43.602(a)(1).

2-26           (b)  An offense under Subsections (a)(1)-(3) is a Class C

2-27     Parks and Wildlife Code misdemeanor.

2-28           (c)  An offense under Subsection (a)(4) is a Class A Parks

2-29     and Wildlife Code misdemeanor.

2-30           SECTION 2.  The importance of this legislation and the

2-31     crowded condition of the calendars in both houses create an

2-32     emergency and an imperative public necessity that the

2-33     constitutional rule requiring bills to be read on three several

2-34     days in each house be suspended, and this rule is hereby suspended,

2-35     and that this Act take effect and be in force from and after its

2-36     passage, and it is so enacted.

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