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Amend CSHB 2026 by adding the following appropriately
numbered SECTION to the bill and renumbering subsequent SECTIONS of
the bill accordingly:
SECTION __. Chapter 43, Parks and Wildlife Code, is amended
by adding Subchapter S to read as follows:
SUBCHAPTER S. PERMIT TO CONTROL CERTAIN DEER CAUSING DEPREDATION
Sec. 43.651. APPLICATION OF SUBCHAPTER. This subchapter
applies only to depredating antlerless white-tailed deer and to the
taking of those deer. For purposes of this subchapter, a deer is
antlerless if the deer does not have a visible antler.
Sec. 43.652. THREAT OF DAMAGE BY DEER. A person who has
evidence showing that white-tailed deer historically have caused
depredation to the person's agricultural or horticultural
interests and who may desire to take the deer shall give written
notice of the facts concerning the historical depredation to the
department.
Sec. 43.653. APPLICATION FOR PERMIT. (a) Not later than the
30th day before the first date a person described by Section 43.652
intends to plant a crop that is susceptible to damage caused by
white-tailed deer, the person may file with the department an
application for a permit to take depredating deer.
(b) The application must be in writing and must contain:
(1) a statement of:
(A) facts relating to the damage historically
caused by the deer; and
(B) the first date the person intends to plant a
crop that is susceptible to damage caused by deer; and
(2) an agreement by the applicant to comply with the
provisions of this subchapter relating to the disposition of any
deer taken under the permit.
(c) The application must be accompanied by:
(1) a statement signed by an employee of the office of
the Texas Cooperative Extension serving the area where the
applicant's property is located verifying that:
(A) the applicant's property is typically used to
plant a crop that is susceptible to damage caused by depredating
deer; and
(B) damage caused by depredating deer is
historically a problem on the applicant's property; and
(2) a statement by the applicant that the applicant or
the applicant's agent or lessee uses the applicant's property for
agricultural or horticultural purposes.
Sec. 43.654. PERMIT. (a) Except as provided by Section
43.658, not later than the 30th day after the date the department
receives an application that complies with Section 43.653, the
department may issue a permit for the taking of antlerless
white-tailed deer causing depredation without regard to the closed
season, bag limit, or means and methods. If the department issues a
permit under this subsection, the department shall deliver the
permit immediately to the permittee.
(b) A permit is valid from the date the permittee indicates
on the permit application as the first date the permittee intends to
plant a crop that is susceptible to damage caused by deer through
the 30th day after that date. The permit must specify:
(1) the cropland to which the permit applies; and
(2) the persons permitted to take the deer.
(c) A permit is automatically extended for the 15 days
immediately following the 30-day period described by Subsection (b)
if the permittee, not later than the second day before the end of
the 30-day period described by Subsection (b), notifies the
department or a department employee of the permittee's intention to
extend the permit.
Sec. 43.655. DISPOSITION OF DEER. (a) A permittee who
takes deer under the authority of the permit shall dispose of any
deer carcass in a manner that preserves as safe for human
consumption as much of the carcass as possible and may donate the
deer carcass to a charitable institution, hospital, or needy
person.
(b) The permittee shall provide documentation on a form
prescribed by the department to any person who receives a deer taken
under this subchapter. The documentation must accompany the deer
until the deer reaches a final destination and is finally
processed. For purposes of this subsection, "final destination"
and "final processing" have the meanings assigned by Section
42.001.
(c) On the expiration of a permit issued under this
subchapter, the permittee shall report to the department on a form
prescribed by the department the total number of deer taken under
the permit.
Sec. 43.656. CANCELLATION OF PERMIT. The department may
cancel a permit if the permit does not accomplish its intended
purposes.
Sec. 43.657. VIOLATIONS; PENALTY. (a) A permittee may not
dispose of a deer taken under a permit issued under this subchapter
or allow the deer to be disposed of except as allowed under Section
43.655.
(b) A permittee may not violate a term or condition of the
permit.
(c) A person who violates this section commits an offense
that is a Class B Parks and Wildlife Code misdemeanor.
Sec. 43.658. DENIAL OF PERMIT. The department may refuse to
issue a permit under this subchapter to a person who previously has
failed to submit to the department the report required by Section
43.655(c).
Sec. 43.659. PERMIT INFORMATION CONFIDENTIAL. The name of a
permittee and the application for a permit and any information
accompanying the application under this subchapter are
confidential and not subject to disclosure under Chapter 552,
Government Code.
Sec. 43.660. RULES. The commission may adopt rules as
necessary to implement and enforce this subchapter.