HBA-CBW H.B. 2710 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2710
By: Kuempel
State Recreational Resources
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Although wild deer belong to the people of the state and not to the
landowner of the property on which deer may be found, landowners engage in
the  management of deer populations to improve the quality of Texas deer.
Currently, there are eight permits offered by the Parks and Wildlife
Department (department) for the management of deer in Texas.  Of the eight
permits, five were enacted by the legislature, and three were enacted by
the department.  Often people are required to have numerous permits which
may be burdensome and cause confusion.  House Bill 2710 authorizes the
department to issue a comprehensive private lands deer herd management
permit and sets forth provisions regarding such permits. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2710 amends the Parks and Wildlife Code to authorize the Parks
and Wildlife Department (department) to issue a private lands deer herd
management permit (permit) for the management of wild white-tailed deer.
The bill provides that the permit may allow for: 
  
  _the retention of wild deer for propagation and release on permitted
property; 

  _population control of deer on permitted property;

  _general deer management and harvest on permitted property; and 

  _the trapping, transport and transplantation of deer between properties
covered by the permit. 

The bill provides that 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. The bill
authorizes the Parks and Wildlife Commission (commission) to establish a
special season with a special bag limit for holders of a permit.  The bill
provides that  the holder of a permit must submit a management plan for
approval or disapproval of the department and sets forth provisions
regarding the specified management practices that must be provided in the
plan. The bill provides that a permit is subject to conditions established
by the commission. 

The bill provides that the permit is valid for a period prescribed by the
department of not less than three years and is subject to annual review by
the department.  The bill requires the department to set a fee for the
issuance or renewal of a permit in an amount not to exceed $3,000.  The
bill authorizes an authorized employee of the department to inspect at any
time without warrant the records required by the Act and the acreage for
which the permit is issued for the purpose of determining the permit
holder's compliance with the management plan. The bill sets forth penalties
for a  violation of the Act. 
 
EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.