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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of the import, export, and management of |
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mule deer; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter R, Chapter 43, Parks |
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and Wildlife Code, is amended to read as follows: |
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SUBCHAPTER R. WHITE-TAILED DEER MANAGEMENT PERMITS |
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SECTION 2. Chapter 43, Parks and Wildlife Code, is amended |
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by adding Subchapter R-1 to read as follows: |
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SUBCHAPTER R-1. MULE DEER MANAGEMENT PERMITS |
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Sec. 43.621. PERMIT FOR DEER MANAGEMENT. (a) The |
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department may issue a permit for the management of the wild mule |
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deer population. |
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(b) The deer managed under the permit remain the property of |
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the people of the state, and the holder of the permit is considered |
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to be managing the population on behalf of the state. |
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(c) If a special season with a special bag limit is |
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established by the commission for holders of a deer management |
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permit, the holder of the permit may receive compensation for |
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granting a person permission to kill a wild deer during that special |
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season on the acreage covered by the permit. |
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Sec. 43.622. MANAGEMENT PLAN. (a) The holder of a deer |
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management permit must annually submit a deer management plan for |
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approval or disapproval of the department. The management plan |
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must provide for specific management practices to be applied to the |
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deer population on the acreage, which may include, in addition to |
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other practices: |
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(1) the detention, for a period not to exceed 16 |
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months, within an enclosure on the acreage covered by the permit, of |
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wild mule deer for the purpose of propagation with other wild deer |
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or breeder deer, and the release of those deer on that acreage; |
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(2) the killing of wild deer in open seasons |
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established by the commission in a number set in the management |
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plan; or |
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(3) the killing of wild deer during a special season |
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having a special bag limit established by the commission for this |
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permit. |
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(b) A management plan approved by the department must be |
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consistent with the regulatory responsibilities of the commission |
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under Chapter 61. |
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(c) A management plan may not authorize the killing of wild |
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deer within an enclosure designed for the temporary detention of |
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wild deer under Subsection (a)(1). |
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Sec. 43.623. CONDITIONS; DURATION; FEE. (a) A permit |
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issued under this subchapter is subject to conditions established |
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by the commission, including conditions governing: |
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(1) the number of deer that may be killed on the |
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property by a single person; |
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(2) the number and type of deer that may be killed or |
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taken under the permit; |
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(3) the number and type of deer that may be temporarily |
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detained in an enclosure; and |
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(4) the length of time that deer may be temporarily |
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detained in an enclosure. |
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(b) The permit is valid for a period prescribed by the |
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department of not less than one year. |
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(c) The department shall set a fee for the issuance or |
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renewal of a permit in an amount not to exceed $1,000. |
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Sec. 43.624. INSPECTION. An authorized employee of the |
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department may inspect at any time without warrant the records |
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required by Section 43.625 and the acreage for which the permit is |
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issued for the purpose of determining the permit holder's |
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compliance with the management plan. |
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Sec. 43.625. RECORDS. The holder of a permit issued under |
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this subchapter shall maintain, in a form prescribed by the |
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department, an accurate record showing: |
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(1) the number of mule deer taken during the general |
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open seasons and during any special seasons; |
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(2) the number of mule deer temporarily detained and |
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released during the permit period; and |
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(3) any other information required by the department |
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that reasonably relates to the activities covered by the permit. |
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Sec. 43.626. APPLICATION OF GENERAL LAWS. Except as |
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expressly provided by this subchapter and the terms of the permit |
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and management plan, the general laws and regulations of this state |
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applicable to mule deer apply to deer on the acreage covered by the |
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permit. This subchapter does not restrict or prohibit the use of |
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high fences. |
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Sec. 43.627. PENALTY. (a) A person commits an offense if |
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the person: |
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(1) violates this subchapter or a rule adopted under |
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this subchapter; |
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(2) violates a condition of permit imposed under |
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Section 43.623(a); |
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(3) fails to maintain records required by Section |
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43.625; or |
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(4) kills or allows to be killed a deer temporarily |
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detained under Section 43.622(a)(1). |
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(b) An offense under Subsections (a)(1)-(3) is a Class C |
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Parks and Wildlife Code misdemeanor. |
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(c) An offense under Subsection (a)(4) is a Class A Parks |
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and Wildlife Code misdemeanor. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |