SB 2031

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest

SB 2031 amends the Texas Parks and Wildlife Code to establish a clear process by which a landowner may remove the high fencing surrounding a site formerly used for the release of breeder deer. The bill outlines four specific conditions that must be met before a landowner can take down such fencing. First, a minimum of five years must have passed since the last breeder deer were released on the property. Second, the landowner must notify adjacent property owners of the intent to remove the fence in a manner prescribed by the Texas Parks and Wildlife Department (TPWD). Third, the site must have no more than a trace connection to any facility where chronic wasting disease (CWD) has been detected. Finally, TPWD must certify that none of the deer released on the site have been epidemiologically associated with a positive test result for CWD.

The bill also sets out criteria that TPWD must use to determine the confidence level in CWD prevalence when granting certification for fence removal. Two distinct thresholds are defined based on the degree of connection to CWD-positive facilities. If the site has no connection, a 95% confidence level that CWD is not present at greater than a 5% prevalence must be established. If there is a trace connection, a higher standard applies: 99% confidence that the disease is not present at greater than a 1% prevalence. These determinations must be made using five years of testing data and in compliance with department rules on registration, permitting, and identification of deer.

Overall, SB 2031 offers a science-based path for responsibly transitioning land out of intensive deer breeding use. It balances public health concerns with landowner autonomy, establishing a regulatory mechanism that allows for the removal of restrictive fencing under stringent, verifiable conditions. The bill reflects a broader shift toward evidence-based wildlife policy while upholding transparency and communication among neighboring property owners.

Author (1)
Lois Kolkhorst
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2031 is not expected to have a significant fiscal impact on the State of Texas. The implementation of its provisions—primarily related to the conditions under which landowners may remove high fencing from former breeder deer release sites—can be handled within the existing resources of the Texas Parks and Wildlife Department (TPWD). This suggests that TPWD already has the infrastructure, staff, and regulatory framework needed to manage certification processes and landowner notifications without additional appropriations.

The analysis further notes that there will be no fiscal impact on local governments. This is consistent with the bill’s scope, which confines administrative and regulatory responsibilities to a state-level agency and places the operational burden of compliance primarily on private landowners. Since the bill does not create new enforcement mechanisms or mandates for cities or counties, it avoids imposing unfunded responsibilities on local jurisdictions.

Overall, SB 2031 represents a cost-neutral policy initiative from a public finance perspective. It facilitates regulatory flexibility and property rights enhancements without introducing new expenditures or administrative complexity for state or local governments.

Vote Recommendation Notes

SB 2031 offers a responsible and well-balanced reform to Texas wildlife management law by allowing landowners to remove high fencing from former breeder deer release sites under specific, science-based conditions. Building upon prior legislation (notably SB 948 from the 86th Legislature), this bill introduces a structured exit process for landowners who are no longer engaged in deer breeding, contingent on verified safeguards related to chronic wasting disease (CWD). The Texas Parks and Wildlife Department (TPWD) is tasked with certifying that no epidemiological connection to CWD exists before fences can be removed, using clearly defined confidence thresholds and compliance requirements.

From a liberty and governance perspective, SB 2031 strengthens individual liberty, personal responsibility, and private property rights. It restores decision-making power to landowners who meet public health benchmarks, allowing them to reclaim full use of their land while protecting neighboring properties and wildlife populations. The bill respects the right of owners to disengage from regulatory systems that no longer apply to their operations and ensures they do so responsibly by requiring appropriate disease surveillance and neighbor notification.

Importantly, SB 2031 does not grow the size or scope of government, increase the tax burden, or expand regulatory obligations. According to the Legislative Budget Board, the bill has no significant fiscal impact and will not require new resources, staff, or authority beyond what TPWD already possesses. Rather than introducing new regulations, the bill reduces the regulatory burden on individuals and businesses by offering a scientifically sound pathway out of a previously mandated high-fencing regime. Compliance is voluntary and only required for those who choose to remove fences, further minimizing intrusion.

The bill represents good governance, reducing red tape while maintaining accountability.

In conclusion, SB 2031 is a model example of principled deregulation, restoring freedom to landowners without compromising public interest or increasing state responsibility. As such, Texas Policy Research recommends that lawmakers vote YES on SB 2031.

  • Individual Liberty: The bill enhances individual liberty by restoring the freedom of landowners to determine how they use their own property, specifically when they are no longer engaged in breeder deer operations. It corrects an overly rigid requirement from prior legislation (S.B. 948, 86th Legislature), which mandated permanent high fencing regardless of ongoing usage. By allowing removal after a five-year waiting period and a disease clearance process, the bill returns important autonomy to landowners.
  • Personal Responsibility: The bill promotes personal responsibility by requiring landowners to take proactive steps before removing fencing. These include undergoing multi-year disease testing, notifying adjacent landowners, and ensuring full compliance with regulations during the period their property was a registered release site. This framework ensures that with increased freedom comes an obligation to protect public and environmental health.
  • Free Enterprise: The bill benefits free enterprise by making it easier for former participants in the deer breeding industry to repurpose their land or reallocate resources without unnecessary regulatory barriers. Landowners who exit the business are no longer indefinitely encumbered by compliance obligations that no longer serve their needs. This opens the door for new, more productive uses of private land and promotes economic flexibility.
  • Private Property Rights: At its core, this bill reaffirms private property rights. It acknowledges that once a landowner is no longer releasing breeder deer and has demonstrated no risk to surrounding areas, the state should no longer impose land-use restrictions. The act of removing a high fence is symbolic and practical—it returns full stewardship of the land to the owner, where it rightly belongs.
  • Limited Government: Finally, the bill exemplifies limited government. It reduces long-term regulatory entanglements and does not grant new rulemaking authority or expand the administrative scope of the Texas Parks and Wildlife Department. It requires no new appropriations or bureaucracy. Instead, it ensures that state oversight is precise, justified, and confined to instances where public health truly demands it.
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