H.B. No. 971

AN ACT

relating to a documented member of the Kickapoo Traditional Tribe of Texas hunting certain deer.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 42.001(1), Parks and Wildlife Code, is amended to read as follows:

(1) "Resident" means:

(A) an individual who has resided continuously in this state for more than six months immediately before applying for a hunting license;

(B) a member of the United States armed forces on active duty;

(C) a dependent of a member of the United States armed forces on active duty; [or]

(D) a member of any other category of individuals that the commission by regulation designates as residents; or

(E) a member of the Kickapoo Traditional Tribe of Texas who possesses documentation of membership sanctioned by the Bureau of Indian Affairs.

SECTION 2. Section 61.021, Parks and Wildlife Code, is amended to read as follows:

Sec. 61.021. TAKING WILDLIFE RESOURCES PROHIBITED. (a) Except as provided by Subsection (b) or permitted under a proclamation issued by the commission under this chapter, no person may hunt, catch, or possess a game bird or game animal, fish, marine animal, or other aquatic life at any time or in any place covered by this chapter.

(b) A documented member of the Kickapoo Traditional Tribe of Texas who holds a license under Section 42.002 may hunt antlerless white-tailed deer for religious ceremonial purposes on any day of the year between one-half hour before sunrise and one-half hour after sunset. A documented member of the Kickapoo Traditional Tribe of Texas hunting antlerless white-tailed deer under this subsection shall:

(1) comply with all other provisions of this code and proclamations adopted under this code;

(2) notify a local game warden, deputy game warden, or special game warden at least 24 hours before hunting antlerless white-tailed deer during an otherwise closed season under the game laws of this state; and

(3) obtain explicit permission from the landowner before hunting antlerless white-tailed deer during an otherwise closed season under the game laws of this state on that landowner's privately owned property.

SECTION 3. Section 61.057(a), Parks and Wildlife Code, is amended to read as follows:

(a) Except as provided by Section 61.021 and [in] Subsection (c) [of this section], no person may hunt an antlerless deer or antelope in this state without first having acquired an antlerless deer or antelope permit issued by the department on a form provided by the department.

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, 2007.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 971 was passed by the House on April 27, 2007, by the following vote: Yeas 121, Nays 12, 2 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 971 was passed by the Senate on May 23, 2007, by the following vote: Yeas 29, Nays 2.

______________________________ Secretary of the Senate APPROVED: _____________________

Date

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Governor