By: Harris S.B. No. 1766
A BILL TO BE ENTITLED
AN ACT
relating to transferring certain responsibilities from the Texas
Department of Parks and Wildlife to the Texas Department of
Agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Agriculture Code, is amended by adding
Chapter 40 and a chapter heading is added to read as follows:
CHAPTER 40. DEER MANAGEMENT PROGRAMS
SECTION 2. Subchapter R, Chapter 43, Parks and Wildlife
Code, is transferred to Chapter 40, Agriculture Code, redesignated
as Subchapter A, Chapter 40, Agriculture Code, and amended to read
as follows:
SUBCHAPTER A [R]. DEER MANAGEMENT PERMITS
Sec. 40.001 [43.601]. PERMIT FOR DEER MANAGEMENT. (a) The
department may issue a permit for the management of the wild
white-tailed deer population on acreage enclosed by a fence capable
of retaining white-tailed deer (under reasonable and ordinary
circumstances) and capable of preventing entry by a white-tailed
deer.
(b) The deer managed under the permit remain the property of
the people of the state, and the holder of the permit is considered
to be managing the population on behalf of the state.
(c) If a special season with a special bag limit is
established by the commissioner for holders of a deer management
permit, the holder of the permit may not receive compensation for
granting any other person permission to kill a wild deer during that
special season on the acreage covered by the permit.
Sec. 40.002 [43.602]. MANAGEMENT PLAN. (a) The holder of
a deer management permit must annually submit a deer management
plan for approval or disapproval of the department. The management
plan must provide for specific management practices to be applied
to the deer population on the acreage, which may include, in
addition to other practices:
(1) the temporary detention within an enclosure on the
acreage covered by the permit of wild white-tailed deer for the
purpose of propagation with other wild deer, and the release of
those deer on that acreage;
(2) the killing of wild deer in open seasons
established by the commissioner in a number set in the management
plan; or
(3) the killing of wild deer during a special season
having a special bag limit established by the commission for this
permit.
(b) [A management plan approved by the department must be
consistent with the regulatory responsibilities of the commission
under Chapter 61.]
[(c)] A management plan may not authorize the killing of
wild deer within an enclosure designed for the temporary detention
of wild deer under Subsection (a)(1).
Sec. 40.003 [43.603]. CONDITIONS; DURATION; FEE. (a) A
permit issued under this subchapter is subject to conditions
established by the commission, including conditions governing:
(1) the number of deer that may be killed on the
property by a single person;
(2) the number and type of deer that may be killed or
taken under the permit; and
(3) the number, type, and length of time that deer may
be temporarily detained in an enclosure.
(b) The permit is valid for a period prescribed by the
department of not less than one year.
(c) The department shall set a fee for the issuance or
renewal of a permit in an amount not to exceed $1,000.
Sec. 40.004 [43.604]. INSPECTION. An authorized employee
of the department may inspect at any time without warrant the
records required by Section 40.005 [43.605] and the acreage for
which the permit is issued for the purpose of determining the permit
holder's compliance with the management plan.
Sec. 40.005 [43.605]. RECORDS. The holder of a permit
issued under this subchapter shall maintain, in a form prescribed
by the department, an accurate record showing:
(1) the number of white-tailed deer taken during the
general open seasons and during any special seasons;
(2) the number of white-tailed deer temporarily
detained and released during the permit period; and
(3) any other information required by the department
that reasonably relates to the activities covered by the permit.
Sec. 40.006 [43.606]. APPLICATION OF GENERAL LAWS. Except
as expressly provided by this subchapter and the terms and
conditions of the permit and management plan, the general laws and
regulations of this state applicable to white-tailed deer apply to
deer on the acreage covered by the permit. This subchapter does not
restrict or prohibit the use of high fences on acreage not covered
by a management plan.
Sec. 40.007 [43.607]. PENALTY. (a) A person commits an
offense if the person:
(1) violates a provision of this subchapter or a
regulation of the department adopted under this subchapter;
(2) violates a condition of permit imposed under
Section 40.003 [43.603] (a);
(3) fails to maintain records required by Section
40.005 [43.605]; or
(4) kills or allows to be killed a deer temporarily
detained under Section 40.002 [43.602] (a)(1).
(b) An offense under Subsections (a)(1)-(3) is a Class C
[Parks and Wildlife Code] misdemeanor.
(c) An offense under Subsection (a)(4) is a Class A [Parks
and Wildlife Code] misdemeanor.
SECTION 3. Subchapter L, Chapter 43, Parks and Wildlife
Code, is transferred to Chapter 40, Agriculture Code, and
redesignated as Subchapter B, Chapter 40, Agriculture Code, and
amended to read as follows:
SUBCHAPTER B [L]. SCIENTIFIC BREEDERS PERMIT
Sec. 40.101 [43.351]. DEFINITIONS. In this subchapter:
(1) "Scientific breeder" means a person holding a
valid scientific breeder's permit.
(2) "Captivity" means the keeping of an animal in an
enclosure suitable for and capable of retaining the animal it is
designed to retain at all times under reasonable and ordinary
circumstances and to prevent entry by another animal.
Sec. 40.102 [43.352]. PERMIT AUTHORIZED. The department
shall issue a permit to a qualified person to possess white-tailed
deer or mule deer for propagation, management, and scientific
purposes.
Sec. 40.103 [43.353]. PERMIT IS DEFENSE. In any
prosecution for the unlawful possession or transportation of
white-tailed deer or mule deer, the possession of a permit issued
under this subchapter to the accused is a complete defense if the
conduct was authorized under the terms of the permit.
Sec. 40.104 [43.354]. APPLICATION. The application for a
scientific breeder's permit must be made under oath and must state
the purpose of possession or transportation of white-tailed deer or
mule deer.
Sec. 40.105 [43.355]. CONDITIONS OF PERMIT; EXPIRATION;
FEES. (a) The department shall issue the scientific breeder's
permit under conditions determined by the commission, including
specifying the number of white-tailed deer or mule deer that may be
possessed and providing for an endorsement by a certified wildlife
biologist.
(b) A scientific breeder's permit is valid only during the
yearly period for which the permit is issued without regard to the
date on which the permit is acquired. Each yearly period begins on
September 1 or on another date set by the commission and extends
through August 31 of the next year or another date set by the
commission.
(c) The fee for a scientific breeder's permit is $50 or an
amount set by the commission, whichever amount is more.
Sec. 40.106 [43.356]. SERIAL NUMBER. (a) The department
shall issue a serial number to the applicant at the time of the
first issuance of a scientific breeder's permit to the applicant.
The same serial number shall be assigned to the permittee whenever
he holds a scientific breeder's permit.
(b) The scientific breeder shall place a suitable permanent
tag bearing the scientific breeder's serial number on the ear of
each white-tailed deer or mule deer possessed by the scientific
breeder and shall place on the white-tailed deer or mule deer any
other identification marking prescribed by the commission.
Sec. 40.107 [43.357]. PERMIT PRIVILEGES; REGULATIONS.
(a) The holder of a valid scientific breeder's permit may:
(1) engage in the business of breeding white-tailed
deer in the immediate locality for which the license was issued; and
(2) sell or hold in captivity white-tailed deer or
mule deer for the purpose of propagation or sale.
(b) The commission may make regulations governing:
(1) the possession of white-tailed deer and mule deer
for scientific, management, and propagation purposes; and
(2) the recapture of lawfully possessed white-tailed
deer or mule deer that have escaped from a facility of a scientific
breeder.
Sec. 40.108 [43.358]. INSPECTION. An authorized employee
of the department may inspect at any time and without warrant:
(1) any pen, coop, or enclosure holding white-tailed
deer or mule deer; or
(2) any records required to be maintained under
Section 40.109 [43.359](a).
Sec. 40.109 [43.359]. REPORTS. (a) A scientific breeder
shall maintain an accurate record of white-tailed deer and mule
deer acquired, purchased, propagated, sold, or disposed of and any
other information required by the department that reasonably
relates to the regulation of scientific breeders. The record shall
be maintained on a form provided by the department.
(b) A scientific breeder shall report the information
maintained under Subsection (a) to the department in the time and
manner required by commission proclamation.
Sec. 40.110 [43.360]. ENCLOSURE SIZE. A single enclosure
for white-tailed deer or mule deer may not contain more than 320
acres.
Sec. 40.111 [43.361]. SHIPMENT OF WHITE-TAILED DEER.
(a) A common carrier may not accept a live white-tailed deer or
mule deer unless the shipment is made by a holder of a scientific
breeder's permit or by a person holding a permit under Subchapter C
of Chapter 43, Parks and Wildlife Code [of this code].
(b) No person, except a scientific breeder, his authorized
agent, or a person holding a permit under Subchapter C of Chapter
43, Parks and Wildlife Code [of this code], may transport or ship a
live white-tailed deer or mule deer unless he obtains a permit for
shipment or transportation from the department.
Sec. 40.112 [43.362]. PURCHASE AND SALE OF LIVE
WHITE-TAILED DEER AND MULE DEER. (a) Only white-tailed deer and
mule deer that are in a healthy condition may be sold, bartered, or
exchanged, or offered for sale, barter, or exchange, by a
scientific breeder.
(b) Except as provided by Subchapter C, Chapter 43, Parks
and Wildlife Code, no person may purchase or accept in this state a
live white-tailed deer or mule deer unless the person obtains a
permit for purchasing from the department and:
(1) the white-tailed deer or mule deer is properly
marked as required by Section 40.106 [43.356](b) of this code; or
(2) the white-tailed deer or mule deer is delivered by
a common carrier from outside this state.
(c) No person may release into the wild a white-tailed deer
or mule deer unless all visible markings required by Section 40.106
[43.356] (b) have been removed.
Sec. 40.113 [43.363]. SALE DURING OPEN SEASON. (a) During
an open season for taking the white-tailed deer or mule deer or
during a period of 10 days before an open season, no scientific
breeder may release into the wild or sell or ship to a person other
than a person holding a scientific breeder's permit, a white-tailed
deer or mule deer and no person in this state, other than a
scientific breeder, may purchase from a scientific breeder in this
state a white-tailed deer or mule deer unless the scientific
breeder:
(1) has removed immediately above the pedicel the
antlers of a male white-tailed deer or mule deer to be sold or
shipped; and
(2) has given written notice of the sale to the
department.
(b) The commission shall make regulations governing notice
and approval of the sale or shipment of white-tailed deer and mule
deer under this section.
Sec. 40.114 [43.364]. USE OF PURCHASED WHITE-TAILED DEER
AND MULE DEER. White-tailed deer and mule deer may be purchased or
received in this state only for the purpose of liberation for
stocking purposes or holding for propagation purposes. All
white-tailed deer or mule deer and increase from the white-tailed
deer or mule deer are under the full force of the laws of this state
pertaining to white-tailed deer and mule deer, and those deer may be
held in captivity for propagation in this state only after a
scientific breeder's permit is issued by the department under this
subchapter.
Sec. 40.115 [43.365]. PROHIBITED ACTS. It is an offense if
a scientific breeder:
(1) takes, traps, or captures or attempts to take,
trap, or capture white-tailed deer or mule deer from the wild;
(2) allows the hunting or killing of a white-tailed
deer or mule deer held in captivity under the provisions of this
subchapter; or
(3) fails to furnish to [a game warden commissioned
by] the department records required to be maintained under Section
40.109 [43.359](a).
Sec. 40.116 [43.366]. APPLICATION OF GENERAL LAWS. In
order that native species may be preserved, white-tailed deer and
mule deer held under a scientific breeder's permit are subject to
all laws and regulations of this state pertaining to white-tailed
deer or mule deer except as specifically provided in this
subchapter. However, it is specifically provided that this
subchapter may not be construed to restrict or prohibit the use of
high fences.
Sec. 40.117 [43.367]. PENALTY. A person who violates a
provision of this subchapter, the conditions of a permit, or a
regulation of the commission issued under this subchapter or who
fails to file a full and complete report as required by Section
40.109 [43.359] of this code commits an offense that is a Class C
[Parks and Wildlife Code] misdemeanor.
SECTION 4. 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.