C.S.H.B. 1427 78(R)    BILL ANALYSIS


C.S.H.B. 1427
By: Keel
State Cultural and Recreational Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Over-population of white-tail deer continue to plague many urban areas in
Texas and represent a critical public safety and public health problem for
affected political subdivisions and unincorporated urban areas.  If left
unchecked, such over-population of deer also pose a threat to
environmental and ecological balance of the affected areas. 

Deer relocation under the Trapping, Transporting, and Transplanting (TTT)
Program of the Texas Parks and Wildlife Department (TPWD) is the least
costly option available to affected communities under current state law.
It is also the most widely acceptable alternative to the general public
because it does not involve lethal means to achieve control of the deer
population.  However, the TTT permit requirement for ranchers and other
potential recipients of relocated deer to develop and maintain approved
wildlife management plans severely restricts the relocation of deer from
urban areas.  C.S.H.B. 1427 provides that TPWD may issue a permit for the
trapping, transporting, or transplanting of white-tailed deer by a
political subdivision. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Parks  and Wildlife Department in SECTION 1 (Section
43.0612, Parks and Wildlife Code) of this bill. 

ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 43, Parks and Wildlife Code, by
adding Section 43.0612, as follows: 

Sec. 43.0612. WHITE-TAILED DEER REMOVAL BY POLITICAL SUBDIVISION; PERMIT
REQUIRED. (a) Provides that TPWD may issue to a political subdivision a
whitetailed deer removal permit for the trapping and transporting or
transplanting of white-tailed deer found within the boundaries of the
political subdivision if the political subdivision shows to the
department's satisfaction that an overpopulation of white-tailed deer
exists. 

(b) Provides that, not later than 15 days after TPWD receives a request
for the issuance of a permit under Subsection (a), the department shall
issue a permit  to a requesting political subdivision or notify requesting
political subdivision that the department will not issue the requested
permit.  If TPWD issues a permit to requesting political subdivision, the
permit shall contain specific instructions detailing the location to which
the trapped white-tailed deer are to be transported or transplanted. 

(c) Provides that a political subdivision removing white-tailed deer under
this section must make reasonable efforts to ensure: 
 
   (1) safe and humane handling of trapped white-tailed deer; and

(2) minimization of human health and safety hazards in every phase of the
trapping and transporting or transplanting of white-tailed deer. 

(d) Provides that a permit issued under this section may authorize a
political  subdivision to trap and transport or transplant white-tailed
deer only between October 1 of a year and March 31 of the following year,
unless white-tailed deer found in a political subdivision pose a threat to
human health or safety, in which case a permit may authorize a political
subdivision to trap and transport or transplant white-tailed deer at any
time of the year. 

(e) Provides that a permit issued under this section does not entitle a
person to take, trap, or possess white-tailed deer on any privately owned
land without the landowner's permission. 

(f) Provides that the state is not liable for and may not incur any
expense for the trapping and transporting or transplanting of white-tailed
deer under a permit issued under this section. 

(g) Prohibits TPWD from charging a fee for a white-tailed deer removal
permit issued under this section. 

(h) Requires TPWD to adopt rules necessary for the implementation of this
chapter, including rules relating to the application for and issuance of a
permit. 

SECTION 2.  This Act takes effect September 1, 2003.

EFFECTIVE DATE

This Act takes effect September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1427 modifies the original by providing that Texas Parks and
Wildlife(TPWD) shall make a determination on the issuance of a permit
necessary for trapping, transporting, or transplanting white-tailed deer
by a political subdivision.    

TPWD must also issue special instructions along with permit detailing the
location to which the trapped deer are to be transported or transplanted.  

Language relating to requirements for wildlife management plans and
chronic wasting disease testing has been removed in C.S.H.B. 1427.