Selected Deer Harvest Rules - Recommended Adoption of Proposed Changes

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Commission Agenda Item No. 7
Presenter: Alan Cain

Action
Selected Deer Harvest Rules
Recommended Adoption of Proposed Changes
August 20, 2026

I.       Executive Summary: Staff seeks adoption of proposed amendments to the Statewide Hunting Proclamation regarding open seasons and bag limits for deer.

II.     Discussion: Responsibility for establishing seasons, bag limits, and means and methods for taking wildlife resources is delegated to the Texas Parks and Wildlife Commission (Commission) under Texas Parks and Wildlife Code chapter 61 (Uniform Wildlife Regulatory Act). The proposed changes are based upon statutory requirements and Commission policy, including scientific investigations and required findings of facts where applicable. The proposed changes are intended to increase recreational opportunity, decrease regulatory complexity where possible, promote enforcement, and provide for the sound biological management of the wildlife resources of the state.

The proposed changes would allow for use of any lawful means for the harvest of white-tailed deer on properties in Collin, Dallas, Grayson, and Rockwall counties that are enrolled in the Managed Lands Deer Program and completely surrounded by a high fence. They would also clarify closing dates of archery-only mule deer seasons to eliminate calendar conflict.

At the Commission Work Session meeting on May 27, 2026, staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the July 17, 2026, issue of the Texas Register (51 TexReg 4683). A summary of public comment on the proposed rules will be presented at the time of the meeting.

III.   Recommendation: Staff recommends that the Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts an amendment to Title 31 of the Texas Administrative Code, section 65.42, as listed in Exhibit A, with changes as necessary to the proposed text as published in the July 17, 2026, issue of the Texas Register (51 TexReg 4683).”

Attachment — 1

Exhibit A – Statewide Hunting Proclamation

Commission Agenda Item No. 7
Exhibit A

STATEWIDE HUNTING PROCLAMATION

PROPOSAL PREAMBLE

1. Introduction

The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §65.42, concerning Deer. The proposed amendment would alter provisions governing the take of mule deer by archery equipment to eliminate calendar conflict and allow the use of firearms for the take of white-tailed deer on high-fenced properties in Collin, Dallas, Grayson, and Rockwall counties that are enrolled in the department’s Managed Lands Deer Program (MLDP).

Under current rule, the take of white-tailed deer in Collin, Dallas, Grayson, and Rockwall counties is restricted to lawful archery equipment, including on properties enrolled in the MLDP (a habitat improvement program in which participants agree to a harvest quota specified by the department in exchange for enhanced bag limits and extended season dates).  The department has received a petition for rulemaking requesting that firearms be made lawful means for the harvest of deer on MLDP properties in the affected counties, provided the property is surrounded by a high fence. The department has determined that there is no biological reason to restrict the means of take for white-tailed deer in Collin, Dallas, Grayson, and Rockwall counties generally, and certainly not on high-fenced properties enrolled in the MLDP; therefore, the department proposes to allow any lawful means for the take of white-tailed deer in the affected counties, provided the property is enrolled in the MLDP and surrounded by a fence of least seven feet in height that is capable of retaining deer at all times. The seven-foot value was selected because it is a generally accepted standard and is the standard used in other department regulations governing deer management.

In a previous rulemaking, the commission lengthened archery seasons for mule deer. In the process, an inadvertent calendar conflict was created with other mule deer seasons, which could cause confusion. The proposed amendment would remedy that issue.

2. Fiscal Note.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules as proposed.

There will be no effect on persons required to comply with the rules as proposed with respect to mule deer harvest and the rule as proposed requires no person to take white-tailed deer in Collin, Dallas, Grayson, or Rockwall counties; however, persons who wish to take or allow the take of white-tailed deer by firearm in the affected counties would not be able to do so unless the property is surrounded by a fence of at least seven feet in height.  The department estimates that the cost of fencing meeting the requirements of the rule as proposed is approximately $55,000 per mile, which could be higher or lower depending on terrain.

3. Public Benefit/Cost Note.

Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect:

(A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be accurate rules free of conflict and increased flexibility in the choice of means of take in certain counties.

(B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

The department has determined that the proposed rule regulates various aspects of recreational license privileges that allow individual persons to pursue and harvest wildlife resources in this state and therefore does not directly affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.

(E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS).  The rule as proposed, if adopted, will:

(1) neither create nor eliminate a government program;

(2) not result in an increase or decrease in the number of full-time equivalent employee needs;

(3) not result in a need for additional General Revenue funding;

(4) not affect the amount of a fee;

(5) not limit or repeal an existing rule or create a new regulation, but will liberalize means and methods for the take of white-tailed deer in four counties;

(6) neither increase nor decrease the number of individuals subject to regulation; and

(7) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

Comments on the proposed rules may be submitted to Kory Gann, Big Game Program Director, at 512.389.4363, email: kory.gann@tpwd.texas.gov, or via the department website at https://tpwd.texas.gov/.

5. Statutory Authority.

The amendment is proposed under the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

The proposed amendment affects Parks and Wildlife Code, Chapter 61.

6. Rule Text.

§65.42. Deer.

(a) (No change.)

(b) White-tailed deer. The open seasons and bag limits for white-tailed deer shall be as follows.

(1) (No change.)

(2) North Zone. The general open season for the counties listed in this paragraph is from the first Saturday in November through the first Sunday in January.

(A) – (G) (No change.)

(H) In Collin, Dallas, Grayson, and Rockwall counties there is a general open season:

(i) – (ii) (No change.)

(iii) lawful means are restricted to lawful archery equipment, except on properties subject to the provisions of §65.29 of this title (relating to Managed Lands Deer (MLD) Programs), where any lawful means may be used, provided the property is completely surrounded by a fence of not less than seven feet in height that is capable of retaining deer at all times under reasonable and ordinary circumstances[, including properties for which MLDP tags have been issued]; and

(iv) all deer harvested on properties not subject to the provisions of §65.29 of this title [(relating to Managed Lands Deer (MLD) Programs)] must be reported via the department’s internet or mobile application within 24 hours of the time of kill, including deer harvested during any special season established by subsection (b)(5) — (7) of this section.

(c) Mule Deer.

(1 ) — (4) (No change.)

(5) Archery-only open seasons and bag and possession limits shall be as follows.

(A) In Andrews, Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Coke, Collingsworth, Cottle, Crosby, Dallam, Dawson, Deaf Smith, Dickens, Donley, Fisher, Floyd, Foard, Gaines, Garza, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Knox, Lamb, Lipscomb, Lubbock, Lynn, Martin, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Scurry, Sherman, Stonewall, Swisher, Terry, Wheeler, and Yoakum counties:

(i) from the Saturday closest to September 30 through the Friday immediately prior to Thanksgiving Day[for 56 consecutive days]; and

(ii) (No change.)

(B) In Crane, Crockett, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Presidio, Reagan, Reeves, Upton, Val Verde, Ward, and Winkler counties:

(i) from the Saturday closest to September 30 through Thanksgiving Day[for 62 consecutive days]; and

(ii) (No change.)

(C) In Brewster, Pecos, and Terrell counties:

(i) from the Saturday closest to September 30 through Thanksgiving Day[for 62 consecutive days].

(ii) (No change.)

(D) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on