Over a week has passed since the bill-filing deadline in the 89th Texas Legislative Session, and Texas BHA has been deep in the weeds monitoring key pieces of legislation on priority issues — most notably around the control of chronic wasting disease, deer breeding, and even a short-lived attempt to abolish the state game agency responsible for regulating those issues.

The BHA policy team has identified more than four dozen pieces of legislation directly relevant to our mission of protecting hunting and fishing opportunities, fair chase principles, and the cherished North American Model of Wildlife Conservation that ensures public ownership of these resources.

Perhaps the most newsworthy bill, though thankfully short-lived, was an attempt to dismantle Texas Parks and Wildlife Department (TPWD), introduced by state Rep. Pat Curry (R-Waco.) HB 4938 would have abolished TPWD and transferred its responsibilities to three different state agencies. It was quickly met with opposition and left many conservation-minded constituents puzzled by the lawmaker’s motivations. Curry later released a statement deciding not to move forward with the bill and admitted that he “might have ruffled some feathers,” but thought it was important to start a conversation about TPWD’s proposed regulations on the multi-million dollar deer-breeding industry.

Texas is one of several states that permits the commercial breeding of white-tailed deer and allows them to be released on designated release sites. Though legal, this practice contradicts the well-established North American Model of Wildlife Conservation that drives BHA’s mission. The North American Model upholds the principle that wildlife belong in the public trust and are not owned by individuals. The Texas Supreme Court upheld this longstanding principle in 2020, when deer breeders tried and failed to secure private ownership of the deer behind their fences (This session, SB 2147 is yet another attempt to privatize the wildlife.)

Deer breeding operations are hotbeds for the transmission of CWD, which spreads between animals through contact with bodily fluids. The first case in Texas was recorded in a wild mule deer coming into the state from New Mexico. Three years later, the disease was detected in a captive white-tailed deer in a breeding facility outside of San Antonio. Since then, there have been nearly 800 documented cases of CWD in the state as recorded by TPWD — the overwhelming majority in deer breeding operations and release sites. In an effort to tighten up on the spread of the disease earlier this year, TPWD adopted a new set of regulations on the deer breeding industry, which deer breeders saw as an attack on their rights as landowners and business owners.

Private landowners are a key partner of conservation organizations and a critical component of successful conservation management plans, especially in a state like Texas that’s 95 percent private land. But, when lawmakers prioritize private property and small-business owner rights over sound, science-backed management principles, it threatens the health of public resources in favor of short-sighted financial gains. 

Proponents of captive breeding operations in the legislature filed at least a dozen bills to undermine TPWD’s and TAHC’s efforts to regulate the industry and control the spread of CWD. Most of these bills aren’t expected to make it out of committee and therefore aren’t likely to be voted on by either legislative chamber, but Texas BHA will continue monitoring. 

Bills that Texas BHA Supports:

SB 2846 - Relating to the control of disease in wildlife; creating criminal offenses; authorizing an administrative penalty.

Sponsor: Sen. Charles Perry (R-Lubbock)

Chapter Stance: Support

Would increase the penalties for repeat offenders violating certain TPWD regulations put in place to prevent the spread of CWD by captive deer.

SB 2844 - Relating to the regulation of deer breeding; creating criminal offenses

Sponsor: Sen. Charles Perry (R-Lubbock)

Chapter Stance: Support

Would decrease the max enclosure size for new breeding facilities; specifically outline violations related to inventory, transfer, unlawful harvest, reporting timelines, failure to comply with herd plans, ID infractions, CWD sample fraud; and create an explicit framework for criminal offenses.

SB 1215 – Relating to the placement of a cultivated oyster in a natural oyster bed, a private oyster bed, or coastal waters.

Sponsor: Sen. Lois Kolkhorst (R-Brenham)

Chapter Stance: Support

Bill would allow cultivated oysters to be placed in a natural oyster bed, private oyster bed, or coastal waters if TPWD authorizes the placement in writing. It also charges TPWD with adopting best management practices to authorizing the placement of cultivated oysters. The hope is that this would help restore oyster populations along the coast. We trust that TPWD would make sure this is done correctly and responsibly.

Bills that Texas BHA Opposes:

HB 1379 – Relating to the authority of a game warden or other peace officer commissioned by the Parks and Wildlife Department to enter private property. 

Sponsor: Rep. Wes Virdell (R-Brady)

Chapter Stance: Oppose

Would restrict Texas Game Wardens from entering private property without meeting specific conditions. Because Texas is a private lands state and all wildlife are designated as public resources, and Game Wardens are charged with enforcement of regulations related to those resources, Game Wardens must be able to access private lands on which those resources reside.

HB 646/HB 676 – Relating to the use of an unmanned aircraft to locate and retrieve wounded or killed wildlife.

Sponsor: Rep. Cody Vasut (R-Angleton)

Chapter Stance: Oppose

Would have allowed the use of drones to locate wounded or killed wildlife. Nobody wants to see wildlife wounded or unable to be recovered, but Texas law — and fair chase principles — prohibit the use of drones to hunt, drive, capture, take, count or photograph any wildlife. Allowing the use of drones to locate downed wildlife would make it almost impossible for Game Wardens to differentiate legal or illegal drone usage. Texas BHA submitted comments opposing this legislation at its hearing, and the bill has since been left pending in committee.

Additional Bills that Texas BHA is Monitoring:

SB 2845 – Relating to the voluntary removal of either a breeder deer's identification tag or button tag on liberation of the breeder deer onto a release site. 

Sponsor: Rep. Cody Vasut (R-Angleton)

Chapter Stance: TBD

By Sen. Charles Perry (R-Lubbock). Would allow for the removal of either an RFID button tag or dangle tag upon the release of breeder deer, but not both. This effectively reigns in a widespread industry practice of removing ear tags from breeder deer. There is some concern that the button tag, if left as the sole identifier, would not be visible at a distance by hunters. Texas BHA is working with partner organizations on an engagement strategy.

Stay Tuned

Keep an eye on further updates from Texas BHA in newsletters, online at the Western Policy Spotter, and on our social media. The legislative session moves quickly and bills can be put up for public hearing with very little notice. We’ll do our best to inform you when public comment is needed.

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