By: Harris S.B. No. 1765
(In the Senate - Filed March 11, 2005; March 30, 2005, read
first time and referred to Committee on Natural Resources;
April 29, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 29, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1765 By: Armbrister
A BILL TO BE ENTITLED
AN ACT
relating to the management of deer on private property; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 43, Parks and Wildlife Code, is amended
by adding Subchapter S to read as follows:
SUBCHAPTER S. COMPREHENSIVE HIGH FENCE DEER MANAGEMENT PERMIT
Sec. 43.701. DEFINITIONS. In this subchapter:
(1) "Certified wildlife biologist" means a person:
(A) who is:
(i) certified as a wildlife biologist by
the Wildlife Society; and
(ii) not employed by the department; or
(B) who has:
(i) a bachelor's or higher degree in
wildlife science, wildlife management, or a related educational
field; and
(ii) five years or more of postgraduate
experience in research or wildlife management associated with
white-tailed deer or mule deer within the most recent 10 years.
(2) "Scientific breeder" has the meaning assigned by
Section 43.351.
Sec. 43.702. COMPREHENSIVE HIGH FENCE DEER MANAGEMENT
PERMIT. (a) The department shall issue a comprehensive high fence
deer management permit to a landowner or deer manager for the
management of deer on private property that is completely enclosed
by a high fence. The permit must allow:
(1) the management and harvest of deer on the property
covered by the permit;
(2) population control of deer on that property;
(3) the capture and holding of deer in an enclosure for
propagation and release on that property;
(4) the transport of deer between properties each of
which is covered by a permit issued under this section; and
(5) the recapture of a scientific breeder deer
released to the wild from a property covered by a permit issued
under this section and the return of the deer to its owner by a
person that holds a scientific breeder permit or a permit issued
under this section.
(b) A person who holds a comprehensive high fence deer
management permit is not required to hold any other permit issued
under this chapter if the comprehensive high fence deer management
permit allows the person to engage in the desired conduct, but the
person must otherwise comply with the laws and rules associated
with those other permits.
Sec. 43.703. PERMIT REQUIREMENTS. (a) The department may
approve an application for a comprehensive high fence deer
management permit only if:
(1) the application is administratively complete; and
(2) the property to which the permit applies is
completely enclosed by a high fence that is constructed and
maintained in a manner that reasonably contains the resident deer
population and restricts the entry of nonresident deer so that the
effect of the permit holder's activities on neighboring properties
is negligible.
(b) An application for a comprehensive high fence deer
management permit must contain:
(1) a comprehensive management plan for the property
to be covered by the permit that is developed by the permit holder,
employees of or professional consultants for the permit holder, or
a department wildlife biologist; and
(2) a statement that the application, including the
management plan, has been reviewed and approved by a department
wildlife biologist or a certified wildlife biologist.
(c) The management plan must include a recommended harvest
and may include:
(1) deer population goals and control;
(2) annual deer census data;
(3) plans for genetic management, if any;
(4) a general outline of the management practices to
be used;
(5) a description of supplemental feeding plans or
supplemental food locations;
(6) plans for the trapping and transport of deer;
(7) plans for holding wild deer for propagation; or
(8) any other plans related to the permit or to the
management of deer or the property covered by the permit.
(d) Subject to approval by a department wildlife biologist
or certified wildlife biologist, the permit holder annually may
amend the management plan in response to the needs of the deer on
the property covered by the permit and to the management of that
property. The permit holder must submit a copy of any amended plan
to the department.
Sec. 43.704. REPORTS. Not later than April 15 of each year,
the holder of a permit issued under this subchapter shall file a
report with the department that includes census data for that year
and may include an outline of progress toward the management plan's
goals.
Sec. 43.705. SPECIAL SEASON FOR DEER HARVEST. (a) A
special season for harvesting deer on property covered by a permit
issued under this subchapter runs from the Saturday closest to
October 1 of a year through the Sunday closest to February 1 of the
next year.
(b) If the department authorizes a longer season for hunting
deer under another permit issued under this chapter, that season
applies to a property covered by a permit issued under this
subchapter.
(c) The total number of deer authorized to be harvested
during one season on property covered by a permit issued under this
subchapter is specific to that property as provided by the
management plan for the property.
(d) A person may not hunt deer on property covered by a
permit issued under this subchapter unless the person holds a
hunting license issued by the department under Chapter 42.
Sec. 43.706. COMPREHENSIVE HIGH FENCE DEER MANAGEMENT TAGS;
WILDLIFE RESOURCE DOCUMENT. (a) The department shall issue
special comprehensive high fence deer management tags to a permit
holder in the quantity appropriate to the property covered by the
permit according to the approved management plan for the property.
(b) A person may not remove from property covered by a
permit issued under this subchapter a deer taken by a hunter on the
property unless the hunter has attached to the deer the tag issued
under this section. The person is not required to attach a hunting
license tag.
(c) The special tag must include the following written
information:
(1) the name of the property;
(2) the name of the hunter;
(3) the hunter's hunting license number; and
(4) the date of the kill.
(d) If a person other than the hunter is to remove the deer
from the property, a completed wildlife resource document as
defined by Section 42.001 must accompany the deer.
Sec. 43.707. TRANSPORT OF DEER. (a) A person may remove
live deer from one property covered by a permit issued under this
subchapter and transport the deer to another property covered by a
permit issued under this subchapter only during the period from
September 1 of a year through March 31 of the next year.
(b) A person transporting deer under this section must
ensure that a manifest accompanies the deer that includes:
(1) the source of the deer;
(2) the destination of the deer;
(3) the date of capture;
(4) the number and sex of the deer;
(5) the person in charge of the transport; and
(6) a set of blank comprehensive high fence deer
management tags, one for each deer.
(c) The blank tags shall be filled in before transporting
the deer to include for each deer the information required by
Subsection (b).
Sec. 43.708. SCIENTIFIC BREEDER DEER. A scientific breeder
deer held in an enclosure for propagation on property covered by a
permit issued under this subchapter may be released from the
enclosure along with other deer or returned to the scientific
breeder without losing its status as private property.
Sec. 43.709. PERMIT DURATION AND FEE. (a) A permit issued
under this subchapter is automatically renewable each year if the
permit holder is complying with this subchapter and rules adopted
under this subchapter. The department may deny renewal only if the
department can show that the permit holder is not complying with
this subchapter.
(b) The fee for issuance or renewal of a comprehensive high
fence deer management permit is $2,000.
Sec. 43.710. RULES. (a) Except as provided by Subsection
(b), the commission may adopt rules as necessary to implement and
enforce this subchapter.
(b) The commission may not adopt rules modifying the
application requirements for or the scope of a permit issued under
this subchapter.
Sec. 43.711. PENALTIES. (a) A permit holder violates this
subchapter if the permit holder violates a specific provision of
this subchapter or a rule adopted under this chapter or fails to
make a reasonable effort to manage the deer on the property covered
by the permit according to the approved management plan. The
department may revoke or deny the renewal of the permit for one year
for a violation under this subsection if the department provides
sufficient evidence of the violation.
(b) A permit holder who intentionally kills or
intentionally allows to be killed a deer held in a special breeding
enclosure commits an offense under this subchapter. An offense
under this subsection is a Class A Parks and Wildlife Code
misdemeanor.
SECTION 2. Not later than December 31, 2005, the Parks and
Wildlife Commission shall adopt all rules necessary to implement
Subchapter S, Chapter 43, Parks and Wildlife Code, as added by this
Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
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