By:  Wentworth                                                    S.B. No. 1582


A BILL TO BE ENTITLED

AN ACT

relating to authorizing political subdivisions and property 
owners' associations to trap and transport white-tailed deer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Chapter 43, Parks and Wildlife 
Code, is amended by adding Section 43.0612 to read as follows:
	Sec. 43.0612.  TRAPPING AND TRANSPORTING SURPLUS 
WHITE-TAILED DEER; PERMIT REQUIRED.  (a)  In this section, 
"property owners' association" has the meaning assigned by Section 
202.001, Property Code.
	(b)  The department may issue to a political subdivision or a 
property owners' association a permit authorizing the trapping and 
transporting of surplus white-tailed deer found within the 
boundaries of the political subdivision or the geographic area in 
which property subject to the property owners' association is 
located.
	(c)  Not later than the 30th day before the date of the first 
planned trapping and transporting of white-tailed deer, a political 
subdivision or a property owners' association shall file with the 
department an application showing that an overpopulation of 
white-tailed deer exists within the political subdivision or the 
geographic area in which property subject to the property owners' 
association is located.
	(d)  After receipt of an application, the department may 
issue to the political subdivision or property owners' association 
a permit specifying:
		(1)  the location to which trapped white-tailed deer 
must be transported; and
		(2)  the purpose for which the trapped deer are to be 
used.          
	(e)  The department may deny a political subdivision or a 
property owners' association a permit if no suitable destination 
for the trapped white-tailed deer exists.
	(f)  A political subdivision or property owners' association 
trapping and transporting 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 of white-tailed deer.
	(g)  A permit issued under this section may authorize a 
political subdivision or a property owners' association to trap and 
transport white-tailed deer only between October 1 of a year and 
March 31 of the following year, unless white-tailed deer found in 
the political subdivision or in the geographic area in which 
property subject to the property owners' association is located 
pose a threat to human health or safety, in which case a permit may 
authorize the political subdivision or property owners' 
association to trap and transport white-tailed deer at any time of 
the year.
	(h)  A permit issued under this section does not entitle a 
person to take, trap, or possess white-tailed deer found on any 
privately owned land without the landowner's written permission.
	(i)  The state is not liable for and may not incur any expense 
for the trapping and transporting of white-tailed deer under a 
permit issued under this section.
	(j)  The department may not charge a fee for a white-tailed 
deer trapping and transporting permit issued under this section.
	(k)  The commission may adopt rules necessary for the 
implementation of this chapter, including rules relating to 
required notification, record-keeping, permit conditions, and the 
disposition of trapped white-tailed deer.
	SECTION 2.  This Act takes effect September 1, 2003.