Texas 2011 - 82nd Regular

Texas Senate Bill SB460 Compare Versions

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1	1	By: Seliger, Duncan S.B. No. 460
2	2	Uresti
3	3	(Hunter)
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to regulation of the import, export, and management of
9	9	mule deer; providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Subchapter R, Chapter 43, Parks
12	12	and Wildlife Code, is amended to read as follows:
13	13	SUBCHAPTER R. WHITE-TAILED DEER MANAGEMENT PERMITS
14	14	SECTION 2. Chapter 43, Parks and Wildlife Code, is amended
15	15	by adding Subchapter R-1 to read as follows:
16	16	SUBCHAPTER R-1. MULE DEER MANAGEMENT PERMITS
17	17	Sec. 43.621. PERMIT FOR DEER MANAGEMENT. (a) The
18	18	department may issue a permit for the management of the wild mule
19	19	deer population.
20	20	(b) The deer managed under the permit remain the property of
21	21	the people of the state, and the holder of the permit is considered
22	22	to be managing the population on behalf of the state.
23	23	(c) If a special season with a special bag limit is
24	24	established by the commission for holders of a deer management
25	25	permit, the holder of the permit may receive compensation for
26	26	granting a person permission to kill a wild deer during that special
27	27	season on the acreage covered by the permit.
28	28	Sec. 43.622. MANAGEMENT PLAN. (a) The holder of a deer
29	29	management permit must annually submit a deer management plan for
30	30	approval or disapproval of the department. The management plan
31	31	must provide for specific management practices to be applied to the
32	32	deer population on the acreage, which may include, in addition to
33	33	other practices:
34	34	(1) the detention, for a period not to exceed 16
35	35	months, within an enclosure on the acreage covered by the permit, of
36	36	wild mule deer for the purpose of propagation with other wild deer
37	37	or breeder deer, and the release of those deer on that acreage;
38	38	(2) the killing of wild deer in open seasons
39	39	established by the commission in a number set in the management
40	40	plan; or
41	41	(3) the killing of wild deer during a special season
42	42	having a special bag limit established by the commission for this
43	43	permit.
44	44	(b) A management plan approved by the department must be
45	45	consistent with the regulatory responsibilities of the commission
46	46	under Chapter 61.
47	47	(c) A management plan may not authorize the killing of wild
48	48	deer within an enclosure designed for the temporary detention of
49	49	wild deer under Subsection (a)(1).
50	50	Sec. 43.623. CONDITIONS; DURATION; FEE. (a) A permit
51	51	issued under this subchapter is subject to conditions established
52	52	by the commission, including conditions governing:
53	53	(1) the number of deer that may be killed on the
54	54	property by a single person;
55	55	(2) the number and type of deer that may be killed or
56	56	taken under the permit;
57	57	(3) the number and type of deer that may be temporarily
58	58	detained in an enclosure; and
59	59	(4) the length of time that deer may be temporarily
60	60	detained in an enclosure.
61	61	(b) The permit is valid for a period prescribed by the
62	62	department of not less than one year.
63	63	(c) The department shall set a fee for the issuance or
64	64	renewal of a permit in an amount not to exceed $1,000.
65	65	Sec. 43.624. INSPECTION. An authorized employee of the
66	66	department may inspect at any time without warrant the records
67	67	required by Section 43.625 and the acreage for which the permit is
68	68	issued for the purpose of determining the permit holder's
69	69	compliance with the management plan.
70	70	Sec. 43.625. RECORDS. The holder of a permit issued under
71	71	this subchapter shall maintain, in a form prescribed by the
72	72	department, an accurate record showing:
73	73	(1) the number of mule deer taken during the general
74	74	open seasons and during any special seasons;
75	75	(2) the number of mule deer temporarily detained and
76	76	released during the permit period; and
77	77	(3) any other information required by the department
78	78	that reasonably relates to the activities covered by the permit.
79	79	Sec. 43.626. APPLICATION OF GENERAL LAWS. Except as
80	80	expressly provided by this subchapter and the terms of the permit
81	81	and management plan, the general laws and regulations of this state
82	82	applicable to mule deer apply to deer on the acreage covered by the
83	83	permit. This subchapter does not restrict or prohibit the use of
84	84	high fences.
85	85	Sec. 43.627. PENALTY. (a) A person commits an offense if
86	86	the person:
87	87	(1) violates this subchapter or a rule adopted under
88	88	this subchapter;
89	89	(2) violates a condition of permit imposed under
90	90	Section 43.623(a);
91	91	(3) fails to maintain records required by Section
92	92	43.625; or
93	93	(4) kills or allows to be killed a deer temporarily
94	94	detained under Section 43.622(a)(1).
95	95	(b) An offense under Subsections (a)(1)-(3) is a Class C
96	96	Parks and Wildlife Code misdemeanor.
97	97	(c) An offense under Subsection (a)(4) is a Class A Parks
98	98	and Wildlife Code misdemeanor.
99	99	SECTION 3. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2011.