TWA is actively working several bills in the Texas Legislature relating to deer, deer management permits, and the deer breeding industry. TWA’s evaluation and ultimate position on these legislative measures has been greatly aided by the input, insights, and recommendations of the TWA Deer Management Committee through the TWA Executive Committee.
Below is a summary of these bills and TWA’s position and current effort to accomplish its policy goals. Please note that many legislative recommendations provided by TWA have been incorporated into committee substitute bills that have been approved by committees.
One of the bills of particular interest and significance is HB 3775 by Rep. Guillen. HB 3775’s title indicates that the bill relates to deer breeder operations; providing penalties. In reality, the bill pertains to privatization of the state’s wildlife resource. The bill, as filed, stipulates that any deer held under a breeder permit, or born in a breeder permitted pen, becomes “personal property of the deer breeder.” TWA is OPPOSED to HB 3775. The bill was heard on March 30 by the House Committee on Culture, Recreation, and Tourism, which Rep. Guillen chairs. TWA Vice President of Public Policy Kirby Brown testified on behalf of TWA in opposition to the bill at the hearing, as did several TWA members and supporters.
The longtime TWA position on privatization of deer is as follows:
“TWA supports public ownership of wildlife resources, and is, and will remain, opposed to any efforts that result in conversion of Texas' wild deer to private ownership. TWA strongly supports the position that our native white-tailed and mule deer are to remain publicly-owned wildlife regardless of the natural or manmade situations in which they are found; and that deer intentionally released from breeder pens upon release remain the property of the people of the state of Texas.
We believe deer breeders should continue to enjoy and benefit from certain privileges extended by statutes governing deer breeder permits. TWA also believes reasonable TPWD oversight as provided through statute is desirable for both the continued integrity of the breeder industry and the protection of wild deer.”
STATUS OF BILL: A committee substitute of HB 3375 was left pending by the House Committee on Culture, Recreation, and Tourism.
Other bills of interest:
HB 3776 by Rep. Guillen/ SB 499 by Sen. Jackson – Microchipping breeder deer
TWA’s Position: OPPOSED as filed, but offered recommendations to authors
TWA Vice President of Public Policy Kirby Brown testified on behalf of TWA in the Senate and House committees that the bills, as filed, forced TPW Game Wardens to spend valuable, limited financial resources on readers, as well as increased manpower, and the TWA Deer Management Committee had expressed concern those additional department costs would essentially fall back on all breeders. TWA worked with department staff and legislative staff to provide a committee substitute that allows breeders to carry the chip readers and assist with reading.
STATUS OF BILL: SB 499 reported favorably as substituted by Senate committee on March 30. SB 499 placed on Senate local and uncontested calendar for April 7. HB 3776 reported favorably on April 4 by House Committee on Culture, Recreation and Tourism, as substituted.
BILL SUMMARY:
Provides microchipping as an approved identifier
Game wardens must inspect in least intrusive manner, preferably with breeder notification and presence, and breeder must provide reader
Can use DNA as identifier and as a defense
HB 3778 by Rep. Guillen – Notice of Department Destruction or Removal of Deer if:
TWA’s Position: OPPOSED as filed, and recommended a committee substitute to address existing joint TAHC/TPWD decision-making
TWA Vice President of Public Policy Kirby Brown testified on behalf of TWA that the bill, as filed, actually usurped the decisions of the TPWD Breeder User Group, the TPWD White-tailed Deer Advisory Committee, and the joint TPWD/TAHC/USDA/TWA/TDA/DB Coop/Deer Vet Disease Task Force, and Brown encouraged legislators to allow those groups to continue to have the flexibility to address critical disease issues that can affect the integrity of the breeder industry, as well as Deer Breeder movement qualifications. Legislation locks-in procedures, while deer breeder industry movement procedures are based on dynamic disease issues that need rapid real-time risk scenarios and responses to specific fact situations affecting deer breeders and the wild deer resource. Supported the concept of the current process of joint decision-making by TAHC and TPWD, based on their different authorities.
STATUS OF BILL: Bill was left pending by House Committee on Culture, Recreation, and Tourism following March 30 hearing
BILL SUMMARY:
Deer held by deer breeders may only be destroyed or removed due to disease concerns if the destruction is ordered by the Texas Animal Health Commission after examination of the deer
A finding of a wildlife health related threat from the deer to be destroyed or removed based on physical appearance (as opposed to testing for relevant disease issues)
Must be carried out in the presence of and under the direction of the Texas Animal Health Commission
Expenses born by permittee and shared with TPWD and TAHC, poor wording
Game wardens and biologists must take training
HB 3779 by Rep. Guillen/ HB 1026 by Rep. Phillips / SB 252 Jackson – Revocation, suspension, or refusal of permit related to control, breeding, or management of deer
TWA’s Position: OPPOSED, and recommended replacing with committee substitute negotiated with TPW early in session on existing updated procedures
TWA Vice President of Public Policy Kirby Brown testified on behalf of TWA that the bill, as filed, actually usurped the decisions of the TPWD Breeder User Group, the TPWD White-tailed Deer Advisory Committee, and the joint TPWD/TAHC/USDA/TWA/TDA/DB Coop/Deer Vet Disease Task Force, and Brown encouraged the legislators to allow those groups to use current practices jointly recommended by these groups and agreed negotiated procedures.
STATUS OF BILL: HB 3779 was left pending by House Committee on Culture, Recreation and Tourism following March 30 hearing. HB 1026, initially left pending by committee following March 30 hearing, was reported as substituted out of House Committee on Culture, Recreation, and Tourism on April 6. SB 252, left pending in committee following March 14 hearing, was reported out as substituted on April 4 from the Senate Committee on Agriculture and Rural Affairs.
BILL SUMMARY:
The initial bill, as filed, provided revocation can only occur after a conviction, allowed pleading of nolo contendre to avoid a conviction, removing pending Lacey Act violations. Committee substitute addresses nolo plead and pending Lacey Act violations.
This bill allows the breeder to appeal in the county court his pens reside in or his/her permanent residence resides
Requires a training program for applicants of breeder permits
HB 3782 by Rep. Guillen – The Deer Combination Bill
TWA’s Position: OPPOSED as filed
This bill essentially combines the following bills or parts thereof into one: HB 3776, 3778, 3779, and HB 1027/SB 499. TWA Vice President of Public Policy Kirby Brown testified on behalf of TWA against the bill, as filed, but suggested measures recommended in previous bills.
STATUS OF BILL: Bill was left pending following a March 30 hearing in House Committee on Culture, Recreation, and Tourism.
HB 957 Hunter / SB 460 Seliger - Mule Deer DMP
TWA’s Position: OPPOSED as filed, but recommended addition of a landowner research component
TWA Vice President of Public Policy Kirby Brown testified on behalf of TWA against the bill, as filed, per TWA Executive Committee decision, pointing out that mule deer were not whitetails, critical research and data were lacking on capture, captivity, breeding, release, captive and released fawn predation with a 16- month holding period, pen size and cover requirements, impacts to habitat, etc. TWA supports a transition period that provides research under scientific permits for anyone interested in pursuing DMP type permits in association with university researchers, with the final product delivered to TPWD to use in developing mule deer DMP guidelines.
STATUS OF BILL: HB 957 left pending in House Committee on Culture, Recreation, and Tourism following March 30 hearing. SB 460 reported favorably without amendments by Senate Committee on Agriculture and Rural Affairs on March 30, with a comment to TWA and TPWD that there was no timeline requirement for permitting to allow research. SB 460 placed on Senate local and uncontested calendar for April 7.
HB 535 by Rep. Phillips - Processing and Selling Venison from a Deer Breeder
TWA’s Position: OPPOSED to the selling of ANY Venison
TWA Vice President of Public Policy Kirby Brown testified on behalf of TWA regarding concerns about the impact of “amenable species” designation that would prevent the existing donations of venison to charities.
STATUS OF BILL: Bill was left pending by committee following March 30 hearing, but bill was reported as substituted out of House Culture, Tourism and Recreation Committee on April 6, with committee substitute restricting to SDHS approved deer breeders and use of term approved breeder deer. The substitute classifies breeder deer to be sold for venison purposes as exotic animals (provision not in the original bill).
HB 536 by Rep. Phillips - Extension of the Breeder Permit Date
TWA’s Position: SUPPORT extension, provided all rules remain in place
STATUS OF BILL: Reported favorably on April 4 by House Committee on Culture, Recreation, and Tourism, as substituted
HB 870 by Rep. Yvonne Davis - Deer Breeder trapping of Wild Deer
TWA’s Position: OPPOSED
STATUS OF BILL: Referred to House Committee on Culture, Recreation, and Tourism; no hearing date set
HB 1025 by Rep. Phillips / SB 498 by Sen. Jackson – Trap, Transport, and Process Surplus Deer
TWA’s Position: SUPPORT taking county judge out of the equation
TWA worked on the bill prior to session with Texas Deer Association and TPWD.
STATUS OF BILL: HB 1025 reported favorably on April 4 by House Committee on Culture, Recreation, and Tourism, as substituted; SB 498 reported favorably without amendments by Senate Committee on Agriculture and Rural Affairs on March 30. SB 498 placed on Senate local and uncontested calendar for April 7.
HB 1027 by Rep. Phillips - Microchipping Breeder Deer
TWA’s Position: Not opposed or supported
STATUS OF BILL: HB 1027 left pending by House Committee on Culture, Recreation, and Tourism following hearing on March 30.
SB 588 by Sen. Uresti – Kickapoo Tribe Bill
TWA’s Position: OPPOSED
STATUS OF BILL: Referred to Senate Committee on Agriculture and Rural Affairs; no hearing date set.
Below is a summary of these bills and TWA’s position and current effort to accomplish its policy goals. Please note that many legislative recommendations provided by TWA have been incorporated into committee substitute bills that have been approved by committees.
One of the bills of particular interest and significance is HB 3775 by Rep. Guillen. HB 3775’s title indicates that the bill relates to deer breeder operations; providing penalties. In reality, the bill pertains to privatization of the state’s wildlife resource. The bill, as filed, stipulates that any deer held under a breeder permit, or born in a breeder permitted pen, becomes “personal property of the deer breeder.” TWA is OPPOSED to HB 3775. The bill was heard on March 30 by the House Committee on Culture, Recreation, and Tourism, which Rep. Guillen chairs. TWA Vice President of Public Policy Kirby Brown testified on behalf of TWA in opposition to the bill at the hearing, as did several TWA members and supporters.
The longtime TWA position on privatization of deer is as follows:
“TWA supports public ownership of wildlife resources, and is, and will remain, opposed to any efforts that result in conversion of Texas' wild deer to private ownership. TWA strongly supports the position that our native white-tailed and mule deer are to remain publicly-owned wildlife regardless of the natural or manmade situations in which they are found; and that deer intentionally released from breeder pens upon release remain the property of the people of the state of Texas.
We believe deer breeders should continue to enjoy and benefit from certain privileges extended by statutes governing deer breeder permits. TWA also believes reasonable TPWD oversight as provided through statute is desirable for both the continued integrity of the breeder industry and the protection of wild deer.”
STATUS OF BILL: A committee substitute of HB 3375 was left pending by the House Committee on Culture, Recreation, and Tourism.
Other bills of interest:
HB 3776 by Rep. Guillen/ SB 499 by Sen. Jackson – Microchipping breeder deer
TWA’s Position: OPPOSED as filed, but offered recommendations to authors
TWA Vice President of Public Policy Kirby Brown testified on behalf of TWA in the Senate and House committees that the bills, as filed, forced TPW Game Wardens to spend valuable, limited financial resources on readers, as well as increased manpower, and the TWA Deer Management Committee had expressed concern those additional department costs would essentially fall back on all breeders. TWA worked with department staff and legislative staff to provide a committee substitute that allows breeders to carry the chip readers and assist with reading.
STATUS OF BILL: SB 499 reported favorably as substituted by Senate committee on March 30. SB 499 placed on Senate local and uncontested calendar for April 7. HB 3776 reported favorably on April 4 by House Committee on Culture, Recreation and Tourism, as substituted.
BILL SUMMARY:
Provides microchipping as an approved identifier
Game wardens must inspect in least intrusive manner, preferably with breeder notification and presence, and breeder must provide reader
Can use DNA as identifier and as a defense
HB 3778 by Rep. Guillen – Notice of Department Destruction or Removal of Deer if:
TWA’s Position: OPPOSED as filed, and recommended a committee substitute to address existing joint TAHC/TPWD decision-making
TWA Vice President of Public Policy Kirby Brown testified on behalf of TWA that the bill, as filed, actually usurped the decisions of the TPWD Breeder User Group, the TPWD White-tailed Deer Advisory Committee, and the joint TPWD/TAHC/USDA/TWA/TDA/DB Coop/Deer Vet Disease Task Force, and Brown encouraged legislators to allow those groups to continue to have the flexibility to address critical disease issues that can affect the integrity of the breeder industry, as well as Deer Breeder movement qualifications. Legislation locks-in procedures, while deer breeder industry movement procedures are based on dynamic disease issues that need rapid real-time risk scenarios and responses to specific fact situations affecting deer breeders and the wild deer resource. Supported the concept of the current process of joint decision-making by TAHC and TPWD, based on their different authorities.
STATUS OF BILL: Bill was left pending by House Committee on Culture, Recreation, and Tourism following March 30 hearing
BILL SUMMARY:
Deer held by deer breeders may only be destroyed or removed due to disease concerns if the destruction is ordered by the Texas Animal Health Commission after examination of the deer
A finding of a wildlife health related threat from the deer to be destroyed or removed based on physical appearance (as opposed to testing for relevant disease issues)
Must be carried out in the presence of and under the direction of the Texas Animal Health Commission
Expenses born by permittee and shared with TPWD and TAHC, poor wording
Game wardens and biologists must take training
HB 3779 by Rep. Guillen/ HB 1026 by Rep. Phillips / SB 252 Jackson – Revocation, suspension, or refusal of permit related to control, breeding, or management of deer
TWA’s Position: OPPOSED, and recommended replacing with committee substitute negotiated with TPW early in session on existing updated procedures
TWA Vice President of Public Policy Kirby Brown testified on behalf of TWA that the bill, as filed, actually usurped the decisions of the TPWD Breeder User Group, the TPWD White-tailed Deer Advisory Committee, and the joint TPWD/TAHC/USDA/TWA/TDA/DB Coop/Deer Vet Disease Task Force, and Brown encouraged the legislators to allow those groups to use current practices jointly recommended by these groups and agreed negotiated procedures.
STATUS OF BILL: HB 3779 was left pending by House Committee on Culture, Recreation and Tourism following March 30 hearing. HB 1026, initially left pending by committee following March 30 hearing, was reported as substituted out of House Committee on Culture, Recreation, and Tourism on April 6. SB 252, left pending in committee following March 14 hearing, was reported out as substituted on April 4 from the Senate Committee on Agriculture and Rural Affairs.
BILL SUMMARY:
The initial bill, as filed, provided revocation can only occur after a conviction, allowed pleading of nolo contendre to avoid a conviction, removing pending Lacey Act violations. Committee substitute addresses nolo plead and pending Lacey Act violations.
This bill allows the breeder to appeal in the county court his pens reside in or his/her permanent residence resides
Requires a training program for applicants of breeder permits
HB 3782 by Rep. Guillen – The Deer Combination Bill
TWA’s Position: OPPOSED as filed
This bill essentially combines the following bills or parts thereof into one: HB 3776, 3778, 3779, and HB 1027/SB 499. TWA Vice President of Public Policy Kirby Brown testified on behalf of TWA against the bill, as filed, but suggested measures recommended in previous bills.
STATUS OF BILL: Bill was left pending following a March 30 hearing in House Committee on Culture, Recreation, and Tourism.
HB 957 Hunter / SB 460 Seliger - Mule Deer DMP
TWA’s Position: OPPOSED as filed, but recommended addition of a landowner research component
TWA Vice President of Public Policy Kirby Brown testified on behalf of TWA against the bill, as filed, per TWA Executive Committee decision, pointing out that mule deer were not whitetails, critical research and data were lacking on capture, captivity, breeding, release, captive and released fawn predation with a 16- month holding period, pen size and cover requirements, impacts to habitat, etc. TWA supports a transition period that provides research under scientific permits for anyone interested in pursuing DMP type permits in association with university researchers, with the final product delivered to TPWD to use in developing mule deer DMP guidelines.
STATUS OF BILL: HB 957 left pending in House Committee on Culture, Recreation, and Tourism following March 30 hearing. SB 460 reported favorably without amendments by Senate Committee on Agriculture and Rural Affairs on March 30, with a comment to TWA and TPWD that there was no timeline requirement for permitting to allow research. SB 460 placed on Senate local and uncontested calendar for April 7.
HB 535 by Rep. Phillips - Processing and Selling Venison from a Deer Breeder
TWA’s Position: OPPOSED to the selling of ANY Venison
TWA Vice President of Public Policy Kirby Brown testified on behalf of TWA regarding concerns about the impact of “amenable species” designation that would prevent the existing donations of venison to charities.
STATUS OF BILL: Bill was left pending by committee following March 30 hearing, but bill was reported as substituted out of House Culture, Tourism and Recreation Committee on April 6, with committee substitute restricting to SDHS approved deer breeders and use of term approved breeder deer. The substitute classifies breeder deer to be sold for venison purposes as exotic animals (provision not in the original bill).
HB 536 by Rep. Phillips - Extension of the Breeder Permit Date
TWA’s Position: SUPPORT extension, provided all rules remain in place
STATUS OF BILL: Reported favorably on April 4 by House Committee on Culture, Recreation, and Tourism, as substituted
HB 870 by Rep. Yvonne Davis - Deer Breeder trapping of Wild Deer
TWA’s Position: OPPOSED
STATUS OF BILL: Referred to House Committee on Culture, Recreation, and Tourism; no hearing date set
HB 1025 by Rep. Phillips / SB 498 by Sen. Jackson – Trap, Transport, and Process Surplus Deer
TWA’s Position: SUPPORT taking county judge out of the equation
TWA worked on the bill prior to session with Texas Deer Association and TPWD.
STATUS OF BILL: HB 1025 reported favorably on April 4 by House Committee on Culture, Recreation, and Tourism, as substituted; SB 498 reported favorably without amendments by Senate Committee on Agriculture and Rural Affairs on March 30. SB 498 placed on Senate local and uncontested calendar for April 7.
HB 1027 by Rep. Phillips - Microchipping Breeder Deer
TWA’s Position: Not opposed or supported
STATUS OF BILL: HB 1027 left pending by House Committee on Culture, Recreation, and Tourism following hearing on March 30.
SB 588 by Sen. Uresti – Kickapoo Tribe Bill
TWA’s Position: OPPOSED
STATUS OF BILL: Referred to Senate Committee on Agriculture and Rural Affairs; no hearing date set.
