Bill Text: TX SB460 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to regulation of the import, export, and management of mule deer; providing penalties.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-06-17 - Effective immediately [SB460 Detail]
Download: Texas-2011-SB460-Introduced.html
Bill Title: Relating to regulation of the import, export, and management of mule deer; providing penalties.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-06-17 - Effective immediately [SB460 Detail]
Download: Texas-2011-SB460-Introduced.html
82R2014 SGA-F | ||
By: Seliger | S.B. No. 460 |
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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. |