Texas 2011 - 82nd Regular

Texas House Bill HB957 Compare Versions

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1	1	82R2014 SGA-F
2	2	By: Hunter, Hardcastle, et al. H.B. No. 957
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulation of the import, export, and management of
8	8	mule deer; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter R, Chapter 43, Parks
11	11	and Wildlife Code, is amended to read as follows:
12	12	SUBCHAPTER R. WHITE-TAILED DEER MANAGEMENT PERMITS
13	13	SECTION 2. Chapter 43, Parks and Wildlife Code, is amended
14	14	by adding Subchapter R-1 to read as follows:
15	15	SUBCHAPTER R-1. MULE DEER MANAGEMENT PERMITS
16	16	Sec. 43.621. PERMIT FOR DEER MANAGEMENT. (a) The
17	17	department may issue a permit for the management of the wild mule
18	18	deer population.
19	19	(b) The deer managed under the permit remain the property of
20	20	the people of the state, and the holder of the permit is considered
21	21	to be managing the population on behalf of the state.
22	22	(c) If a special season with a special bag limit is
23	23	established by the commission for holders of a deer management
24	24	permit, the holder of the permit may receive compensation for
25	25	granting a person permission to kill a wild deer during that special
26	26	season on the acreage covered by the permit.
27	27	Sec. 43.622. MANAGEMENT PLAN. (a) The holder of a deer
28	28	management permit must annually submit a deer management plan for
29	29	approval or disapproval of the department. The management plan
30	30	must provide for specific management practices to be applied to the
31	31	deer population on the acreage, which may include, in addition to
32	32	other practices:
33	33	(1) the detention, for a period not to exceed 16
34	34	months, within an enclosure on the acreage covered by the permit, of
35	35	wild mule deer for the purpose of propagation with other wild deer
36	36	or breeder deer, and the release of those deer on that acreage;
37	37	(2) the killing of wild deer in open seasons
38	38	established by the commission in a number set in the management
39	39	plan; or
40	40	(3) the killing of wild deer during a special season
41	41	having a special bag limit established by the commission for this
42	42	permit.
43	43	(b) A management plan approved by the department must be
44	44	consistent with the regulatory responsibilities of the commission
45	45	under Chapter 61.
46	46	(c) A management plan may not authorize the killing of wild
47	47	deer within an enclosure designed for the temporary detention of
48	48	wild deer under Subsection (a)(1).
49	49	Sec. 43.623. CONDITIONS; DURATION; FEE. (a) A permit
50	50	issued under this subchapter is subject to conditions established
51	51	by the commission, including conditions governing:
52	52	(1) the number of deer that may be killed on the
53	53	property by a single person;
54	54	(2) the number and type of deer that may be killed or
55	55	taken under the permit;
56	56	(3) the number and type of deer that may be temporarily
57	57	detained in an enclosure; and
58	58	(4) the length of time that deer may be temporarily
59	59	detained in an enclosure.
60	60	(b) The permit is valid for a period prescribed by the
61	61	department of not less than one year.
62	62	(c) The department shall set a fee for the issuance or
63	63	renewal of a permit in an amount not to exceed $1,000.
64	64	Sec. 43.624. INSPECTION. An authorized employee of the
65	65	department may inspect at any time without warrant the records
66	66	required by Section 43.625 and the acreage for which the permit is
67	67	issued for the purpose of determining the permit holder's
68	68	compliance with the management plan.
69	69	Sec. 43.625. RECORDS. The holder of a permit issued under
70	70	this subchapter shall maintain, in a form prescribed by the
71	71	department, an accurate record showing:
72	72	(1) the number of mule deer taken during the general
73	73	open seasons and during any special seasons;
74	74	(2) the number of mule deer temporarily detained and
75	75	released during the permit period; and
76	76	(3) any other information required by the department
77	77	that reasonably relates to the activities covered by the permit.
78	78	Sec. 43.626. APPLICATION OF GENERAL LAWS. Except as
79	79	expressly provided by this subchapter and the terms of the permit
80	80	and management plan, the general laws and regulations of this state
81	81	applicable to mule deer apply to deer on the acreage covered by the
82	82	permit. This subchapter does not restrict or prohibit the use of
83	83	high fences.
84	84	Sec. 43.627. PENALTY. (a) A person commits an offense if
85	85	the person:
86	86	(1) violates this subchapter or a rule adopted under
87	87	this subchapter;
88	88	(2) violates a condition of permit imposed under
89	89	Section 43.623(a);
90	90	(3) fails to maintain records required by Section
91	91	43.625; or
92	92	(4) kills or allows to be killed a deer temporarily
93	93	detained under Section 43.622(a)(1).
94	94	(b) An offense under Subsections (a)(1)-(3) is a Class C
95	95	Parks and Wildlife Code misdemeanor.
96	96	(c) An offense under Subsection (a)(4) is a Class A Parks
97	97	and Wildlife Code misdemeanor.
98	98	SECTION 3. This Act takes effect immediately if it receives
99	99	a vote of two-thirds of all the members elected to each house, as
100	100	provided by Section 39, Article III, Texas Constitution. If this
101	101	Act does not receive the vote necessary for immediate effect, this
102	102	Act takes effect September 1, 2011.