Curry Deer Breeding Bill Swaps The Permit For An 8-Foot Fence

The text as introduced · 819 words

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.