By Kuempel H.B. No. 2710
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation and management of deer; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 43, Parks and Wildlife Code, is amended by
1-5 adding Subchapter S to read as follows:
1-6 SUBCHAPTER S. PRIVATE LANDS DEER HERD MANAGEMENT PERMITS.
1-7 Sec. 43.701. PERMIT FOR PRIVATE LANDS DEER HERD MANAGEMENT.
1-8 (a) The department may issue a comprehensive permit for the
1-9 management of wild white-tailed deer. The permit may allow for:
1-10 (1) the retention of wild deer for propagation and
1-11 release on permitted property;
1-12 (2) population control of deer on permitted property;
1-13 (3) general deer management and harvest on permitted
1-14 property; and
1-15 (4) the trap, transport and transplant of deer between
1-16 properties covered by the permit.
1-17 (b) The deer managed under the permit remain the property of
1-18 the people of the state, and the holder of the permit is considered
1-19 to be managing the population on behalf of the state.
1-20 (c) A special season with a special bag limit may be
1-21 established by the commission for holders of a Private Lands Deer
1-22 Herd Management Permit.
2-1 Sec. 43.702. MANAGEMENT PLAN. (a) The holder of a deer
2-2 management permit must submit a management plan for approval or
2-3 disapproval of the department. The management plan must provide
2-4 for specific management practices to be applied to the deer
2-5 population on the acreage, which may include, in addition to other
2-6 practices:
2-7 (1) the temporary detention within an enclosure on the
2-8 acreage covered by the permit of wild white-tailed deer for the
2-9 purpose of propagation with other wild deer, and the release of
2-10 those deer on that acreage;
2-11 (2) the killing of wild deer in open seasons
2-12 established by the commission in a number set in the management
2-13 plan; or
2-14 (3) the killing of wild deer during a special season
2-15 having a special bag limit established by the commission for this
2-16 permit.
2-17 (b) A management plan approved by the department must be
2-18 consistent with the regulatory responsibilities of the commission
2-19 under Chapter 61.
2-20 (c) A management plan may not authorize the killing of wild
2-21 deer within an enclosure designed for the temporary detention of
2-22 wild deer under Subsection (a)(1).
2-23 (d) A management plan may be approved by a private biologist
2-24 certified by the department to write and approve this permit, in
2-25 conjunction with department staff.
2-26 Sec. 43.703. CONDITIONS; DURATION; FEE. (a) A permit issued
3-1 under this subchapter is subject to conditions established by the
3-2 commission, including conditions governing;
3-3 (1) the number of deer that may be killed on the
3-4 property by a single person;
3-5 (2) the number and type of deer that may be killed or
3-6 taken under the permit;
3-7 (3) the number, type, and length of time that deer may
3-8 be temporarily detained in an enclosure; and
3-9 (4) the special opening and closing dates of the times
3-10 when deer may be killed or taken during an open season on the
3-11 property under the permit.
3-12 (b) The permit is valid for a period prescribed by the
3-13 department of not less than three years, and subject to annual
3-14 review by the department.
3-15 (c) The department shall set a fee for the issuance or
3-16 renewal of a permit in an amount not to exceed $3000.
3-17 Sec. 43.704. INSPECTION. An authorized employee of the
3-18 department may inspect at any time without warrant the records
3-19 required by Section 43.705 and the acreage for which the permit is
3-20 issued for the purpose of determining the permit holder's
3-21 compliance with the management plan.
3-22 Sec. 43.705. RECORDS. The holder of a permit issued under
3-23 this subchapter shall maintain, in a form prescribed by the
3-24 department, an accurate record showing:
3-25 (1) the number of white-tailed deer taken during the
3-26 general open seasons and during any special seasons;
4-1 (2) the number of white-tailed deer temporarily
4-2 detained and released during the permit period;
4-3 (3) the number of deer trapped, transported and
4-4 transplanted; and
4-5 (4) any other information required by the department
4-6 that reasonably relates to the activities covered by the permit.
4-7 Sec. 43.706. APPLICATION OF GENERAL LAWS. Except as
4-8 expressly provided by this subchapter and the terms and conditions
4-9 of the permit and management plan, the general laws and regulations
4-10 of this state applicable to white-tailed deer apply to deer on the
4-11 acreage covered by the permit. This subchapter does not restrict
4-12 or prohibit the use of high fences on the acreage covered by the
4-13 management plan.
4-14 Sec. 43.707. PENALTY. (a) A person commits an offense if
4-15 the person:
4-16 (1) violates a provision of this subchapter or a
4-17 regulation of the department adopted under this subchapter;
4-18 (2) violates a condition of permit imposed under
4-19 Section 43.703(a);
4-20 (3) fails to maintain records required by Section
4-21 43.605; or
4-22 (4) kills or allows to be killed a deer temporarily
4-23 detained under Section 43.702(a)(1).
4-24 (b) An offense under Subsections (a)(1)-(3) is a Class C
4-25 Parks and Wildlife Code misdemeanor.
4-26 (c) An offense under Subsection (a)(4) is a Class A Parks
5-1 and Wildlife Code misdemeanor.
5-2 SECTION 2. This Act takes effect immediately if it receives
5-3 a vote of two-thirds of all the members elected to each house, as
5-4 provided by Section 39, Article III, Texas Constitution. If this
5-5 Act does not receive the vote necessary for immediate effect, this
5-6 Act takes effect September 1, 2001.