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78R12029 KCR-D


By:  Keel                                                         H.B. No. 1427

Substitute the following for H.B. No. 1427:                                   

By:  Geren                                                    C.S.H.B. No. 1427



A BILL TO BE ENTITLED

AN ACT

relating to authorizing political subdivisions to trap and  
transport or transplant deer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Parks and Wildlife Code, is 
amended by adding Section 43.0612 to read as follows:
	Sec. 43.0612.  WHITE-TAILED DEER REMOVAL BY POLITICAL 
SUBDIVISION;  PERMIT REQUIRED.  (a)  The department may issue to a 
political subdivision a white-tailed 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 within the political 
subdivision.
	(b)  Not later than the 15th day after the date the 
department  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 a requesting political subdivision 
that the department will not issue the requested permit.  If the 
department issues a permit to a 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)  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)  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)  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)  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)  The department may not charge a fee for a white-tailed 
deer removal permit issued under this section.
	(h)  The commission shall 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.