S.B. No. 460
AN ACT
relating to regulation of the import, export, and management of
mule deer; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter R, Chapter 43, Parks
and Wildlife Code, is amended to read as follows:
SUBCHAPTER R. WHITE-TAILED DEER MANAGEMENT PERMITS
SECTION 2. Chapter 43, Parks and Wildlife Code, is amended
by adding Subchapter R-1 to read as follows:
SUBCHAPTER R-1. MULE DEER MANAGEMENT PERMITS
Sec. 43.621. PERMIT FOR DEER MANAGEMENT. (a) The
department may issue a permit for the management of the wild mule
deer population.
(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 commission for holders of a deer management
permit, the holder of the permit may receive compensation for
granting a person permission to kill a wild deer during that special
season on the acreage covered by the permit.
Sec. 43.622. 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 detention, for a period not to exceed 16
months, within an enclosure on the acreage covered by the permit, of
wild mule deer for the purpose of propagation with other wild deer
or breeder deer, and the release of those deer on that acreage;
(2) the killing of wild deer in open seasons
established by the commission 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. 43.623. 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;
(3) the number and type of deer that may be temporarily
detained in an enclosure; and
(4) the 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. 43.624. INSPECTION. An authorized employee of the
department may inspect at any time without warrant the records
required by Section 43.625 and the acreage for which the permit is
issued for the purpose of determining the permit holder's
compliance with the management plan.
Sec. 43.625. 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 mule deer taken during the general
open seasons and during any special seasons;
(2) the number of mule 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. 43.626. APPLICATION OF GENERAL LAWS. Except as
expressly provided by this subchapter and the terms of the permit
and management plan, the general laws and regulations of this state
applicable to mule deer apply to deer on the acreage covered by the
permit. This subchapter does not restrict or prohibit the use of
high fences.
Sec. 43.627. PENALTY. (a) A person commits an offense if
the person:
(1) violates this subchapter or a rule adopted under
this subchapter;
(2) violates a condition of permit imposed under
Section 43.623(a);
(3) fails to maintain records required by Section
43.625; or
(4) kills or allows to be killed a deer temporarily
detained under Section 43.622(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. 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, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 460 passed the Senate on
April 7, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 460 passed the House on
May 25, 2011, by the following vote: Yeas 143, Nays 2, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor