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78R6711 KCR-D

By:  Keel                                                         H.B. No. 1427



A BILL TO BE ENTITLED

AN ACT

relating to authorizing political subdivisions to trap, transport, 
and transplant certain white-tailed deer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 43.061(a) and (g), Parks and Wildlife 
Code, are amended to read as follows:
	(a)  Except as provided by Section 43.0612, no [No] person 
may capture, transport, or transplant any game animal or game bird 
from the wild in this state unless that person has obtained a permit 
to trap, transport, and transplant from the department.
	(g)  The commission shall adopt rules for the content of 
wildlife stocking plans, certification of wildlife trappers, and 
the trapping, transporting, and transplanting of game animals and 
game birds under this section [subchapter].
	SECTION 2.  Subchapter E, Chapter 43, Parks and Wildlife 
Code, is amended by adding Section 43.0612 to read as follows:
	Sec. 43.0612.  POLITICAL SUBDIVISION TRAPPING, 
TRANSPORTING, AND TRANSPLANTING WHITE-TAILED DEER; NO PERMIT OR 
LICENSE REQUIRED.  (a)  A political subdivision of this state, 
without obtaining a permit or license from the department and after 
submitting the information required under Subsection (b), may 
authorize the trapping, transporting, and transplanting of 
white-tailed deer found within the boundaries of the political 
subdivision.
	(b)  Not later than 30 days before the first planned 
trapping, transporting, and transplanting of white-tailed deer 
authorized by Subsection (a), a political subdivision of this state 
must send to the department, by registered or certified mail, 
information showing that:
		(1)  an overpopulation of white-tailed deer exists 
within the political subdivision;
		(2)  the overpopulation of white-tailed deer adversely 
affects human health or public safety;
		(3)  the white-tailed deer, after removal from the 
political subdivision, will be transplanted into an area of 
adaptable habitat; and
		(4)  the white-tailed deer will be subject to lawful 
hunting after relocation.
	(c)  A political subdivision may 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)  The state is not liable for and may not incur any expense 
for the trapping, transporting, and transplanting of white-tailed  
deer under this section.
	(e)  A political subdivision removing white-tailed deer 
under Subsection (a) must make reasonable efforts to ensure:
		(1)  safe and humane handling of trapped animals; and                  
		(2)  minimization of human health and safety hazards in 
every phase of the trapping, transporting, and transplanting of 
white-tailed deer.
	(f)  Without a landowner's written permission, a political 
subdivision is not entitled to take, trap, or otherwise possess 
white-tailed deer found on privately owned land.
	(g)  Wildlife management plans and chronic wasting disease 
testing may not be required of:
		(1)  a political subdivision trapping, transporting, 
or transplanting white-tailed deer under this section; or
		(2)  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.  This Act takes effect September 1, 2003.