89R11941 BEE-D
By: Curry H.B. No. 3607
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of deer breeding by the Parks and
Wildlife Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 58.002(1), Agriculture Code, is amended
to read as follows:
(1) "Agricultural business" means:
(A) a business that is or proposes to be engaged
in producing, processing, marketing, or exporting an agricultural
product;
(B) an eligible applicant as defined in
Subchapter E;
(C) the entity designated to carry out boll
weevil eradication in accordance with Section 74.1011;
(D) any agriculture-related business in rural
areas of Texas including a business that provides recreational
activities, including hiking, fishing, hunting, or any other
activity associated with the enjoyment of nature or the outdoors on
agricultural land;
(E) a state agency or an institution of higher
education that is engaged in producing an agricultural product; or
(F) [a business that holds a permit under
Subchapter L, Chapter 43, Parks and Wildlife Code; or
[(G)] any other business in a rural area of this
state.
SECTION 2. Section 12.601, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.601. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to the following permits:
(1) a trap, transport, and transplant permit under
Section 43.061 or 43.0611;
(2) a trap, transport, and process permit under
Section 43.0612;
(3) [a deer breeder's permit under Subchapter L,
Chapter 43;
[(4)] a white-tailed deer management permit under
Subchapter R, Chapter 43; and
(4) [(5)] a mule deer management permit under
Subchapter R-1, Chapter 43.
SECTION 3. The heading to Subchapter L, Chapter 43, Parks
and Wildlife Code, is amended to read as follows:
SUBCHAPTER L. BREEDER DEER [BREEDER'S PERMIT]
SECTION 4. Section 43.351(1), Parks and Wildlife Code, is
amended to read as follows:
(1) "Breeder deer" means a white-tailed deer or mule
deer legally held under [a permit authorized by] this subchapter.
SECTION 5. Subchapter L, Chapter 43, Parks and Wildlife
Code, is amended by adding Section 43.3515 to read as follows:
Sec. 43.3515. POSSESSION OF BREEDER DEER. A person may
possess live breeder deer for the purpose of propagation if the deer
are at all times surrounded by a fence not less than eight feet in
height.
SECTION 6. Section 43.361(a), Parks and Wildlife Code, is
amended to read as follows:
(a) A release site onto which breeder deer are liberated
must be surrounded by a fence not less than eight [seven] feet in
height that is capable of retaining deer at all times under
reasonable and ordinary circumstances.
SECTION 7. Section 43.367, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.367. PENALTY. A [(a) Except as provided by
Subsection (b), a] person who violates a provision of this
subchapter [or a regulation of the commission issued under this
subchapter or who fails to file a full and complete report as
required by Section 43.359] commits an offense that is a Class C
Parks and Wildlife Code misdemeanor.
[(b) A person who violates Section 43.365(a)(1) commits an
offense that is a Class A Parks and Wildlife Code misdemeanor.]
SECTION 8. Section 43.951, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.951. APPLICABILITY. This subchapter applies only
to the disposition of [the following deer:
[(1) deer held at a facility covered by a permit issued
under Subchapter L;
[(2)] deer on acreage covered by a permit issued under
Subchapter R or [; and
[(3) deer on acreage covered by a permit issued under
Subchapter] R-1.
SECTION 9. Sections 43.952(2) and (3), Parks and Wildlife
Code, are amended to read as follows:
(2) "Permit" means a permit issued under Subchapter
[L,] R[,] or R-1.
(3) "Permit holder" means a person to whom a permit is
issued under Subchapter [L,] R[,] or R-1.
SECTION 10. Section 43.955(a), Parks and Wildlife Code, is
amended to read as follows:
(a) The applicable permit holder shall pay all costs
associated with:
(1) an epidemiological assessment conducted under
this subchapter to the animal health commission; and
(2) [except as provided by Subsection (b),] the
destruction of deer under this subchapter to the department.
SECTION 11. The following provisions of the Parks and
Wildlife Code are repealed:
(1) Sections 43.351(2), (3), (4), (6), and (7);
(2) Sections 43.352, 43.353, 43.356, 43.3561, 43.357,
43.358, 43.359, 43.3591, 43.360, 43.362, 43.363, 43.364, 43.365,
43.366, and 43.369; and
(3) Sections 43.955(b) and (c).
SECTION 12. As soon as practicable after the effective date
of this Act, the Parks and Wildlife Commission shall adopt, amend,
or repeal rules as necessary to implement the changes in law made by
this Act.
SECTION 13. This Act takes effect September 1, 2025.