SRC-TJG S.B. 1582 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1582
78R6711 KCR-DBy: Wentworth
Natural Resources
4/1/2003
As Filed


DIGEST AND PURPOSE 

Currently, there is an over-population of white-tail deer in urban areas
in Texas.  This represents a public safety and public health problem for
affected political subdivisions and unincorporated urban areas.  Deer
relocation under the Trapping, Transporting, and Transplanting Program
(TTT) is an available option under current law.  However, the TTT permit
requirement for ranchers and other potential recipients of relocated deer
to develop and maintain approved wildlife management plans restricts the
relocation of deer from urban areas.  As proposed, S.B. 1582 reduces
certain requirements and facilitates the ability of affected communities
to more effectively control deer populations. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 43.061(a) and (g), Parks and Wildlife Code, as
follows: 

(a) Makes a conforming change.

(g) Deletes existing term "subchapter" and replaces it with "section"
related to adopting rules for certain content. 

SECTION 2.  Amends Chapter 43E, Parks and Wildlife Code, by adding Section
43.0612, as follows: 

Sec. 43.0612.  POLITICAL SUBDIVISION TRAPPING, TRANSPORTING, AND
TRANSPLANTING WHITE-TAILED DEER; NO PERMIT OR LICENSE REQUIRED. (a)
Authorizes a political subdivision of this state, without obtaining a
permit or license from the department and after submitting the information
required under Subsection (b), to authorize the trapping, transporting,
and transplanting of white-tailed deer found within the boundaries of the
political subdivision. 
 
(b) Requires a political subdivision of this state, not later than 30 days
before the first planned trapping, transporting, and transplanting of
white-tailed deer authorized by Subsection (a), to send certain
information to the Parks and Wildlife Department, by registered or
certified mail.  

(c) Authorizes a political subdivision to authorize the trapping,
transporting, and transplanting of white-tailed deer under Subsection (a)
only between October 1 of each year and March 31 of the following year. 
 
(d) Provides that the state is not liable for and is prohibited from
incurring any expense for the trapping, transporting, and transplanting of
white-tailed deer under this section. 
 
(e) Requires a political subdivision removing white-tailed deer under
Subsection  (a) to make reasonable efforts to ensure safe and humane
handling of trapped animals and minimization of human health and safety
hazards in every phase of the trapping, transporting, and transplanting of
white-tailed deer. 
 
(f) Provides that a political subdivision is not entitled to take, trap,
or otherwise possess white-tailed deer found on privately owned land,
without a landowner's written permission. 

(g) Prohibits wildlife management plans and chronic wasting disease
testing from being required of a political subdivision trapping,
transporting, or transplanting white-tailed deer under this section or of
the person, place, political subdivision of this state, or other
government entity receiving white-tailed deer trapped, transported, or
transplanted under this section. 

SECTION 3.  Effective date: September 1, 2003.