S.B. No. 460
  relating to regulation of the import, export, and management of
  mule deer; providing penalties.
         SECTION 1.  The heading to Subchapter R, Chapter 43, Parks
  and Wildlife Code, is amended to read as follows:
         SECTION 2.  Chapter 43, Parks and Wildlife Code, is amended
  by adding Subchapter R-1 to read as follows:
         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
         (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.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 460 passed the Senate on
  April 7, 2011, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 460 passed the House on
  May 25, 2011, by the following vote:  Yeas 143, Nays 2, one
  present not voting.
  Chief Clerk of the House