79R4807 KCR-D
By: Campbell H.B. No. 1257
A BILL TO BE ENTITLED
AN ACT
relating to depredation caused by deer; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 43, Parks and Wildlife Code, is amended
by adding Subchapters A and S to read as follows:
SUBCHAPTER A. DEER OVERPOPULATION AND DEPREDATION REDUCTION
PROGRAM
Sec. 43.001. ESTABLISHMENT OF PROGRAM. (a) The department
shall establish a deer overpopulation and depredation reduction
program to:
(1) educate the public about how to avoid or minimize
accidents involving motor vehicles and deer;
(2) prevent significant economic damage or serious
damage to agricultural, horticultural, and aquacultural interests
caused by deer; and
(3) allow individuals who experience significant
economic damage or serious damage to agricultural, horticultural,
and aquacultural interests caused by deer to hunt depredating deer
without a hunting license under Chapter 42 or a permit under
Subchapter H.
(b) The commission shall adopt rules as necessary to
implement the deer overpopulation and depredation reduction
program under this section.
Sec. 43.002. REPORT. Not later than January 1 of each
odd-numbered year, the department shall submit to the governor, the
lieutenant governor, the speaker of the house, and the chair of each
committee of the legislature that has primary oversight
jurisdiction over the department a written report that:
(1) summarizes the findings of any studies conducted
by the department related to Section 43.001; and
(2) proposes legislation necessary to implement or
improve the deer overpopulation and depredation reduction program
under Section 43.001.
SUBCHAPTER S. EMERGENCY PROTECTION FROM DEPREDATING DEER
Sec. 43.651. PROTECTION FROM DEPREDATION PERIOD. (a) The
Texas Cooperative Extension shall establish a protection from
depredation period for each county in this state for each crop
normally planted in that county that is susceptible to damage
caused by depredating deer.
(b) The protection from depredation period must specify a
date on which a crop begins to be susceptible to depredation caused
by deer and a date on which the crop is sufficiently mature to no
longer be susceptible to depredation caused by deer.
(c) The Texas Cooperative Extension shall post notice of the
protection from depredation period for each county at the county
courthouse and at each Texas Cooperative Extension office serving
an area where crops are typically planted that are susceptible to
damage caused by depredating deer.
(d) The Texas Cooperative Extension shall notify the
department in writing of the protection from depredation period.
Sec. 43.652. NOTICE; VERIFICATION. (a) Not later than the
third day before the first date a landowner or a landowner's agent
or lessee intends to hunt depredating deer under this subchapter,
the landowner, agent, or lessee must notify in writing the game
warden or other department employee assigned to the area in which
the landowner's property is located of the landowner's, agent's, or
lessee's intent.
(b) Not later than the next business day after the date of
notification, the game warden or other department employee shall
contact the office of the Texas Cooperative Extension serving the
area in which the landowner's property is located to verify that the
landowner's property is typically used to plant a crop that is
susceptible to damage caused by depredating deer.
(c) Not later than the second business day after the game
warden or other department employee contacts the Texas Cooperative
Extension under Subsection (b), the game warden or employee shall
notify the landowner, agent, or lessee if the landowner, agent, or
lessee is prohibited from hunting deer under this subchapter. The
game warden or other department employee may prohibit a landowner,
agent, or lessee from hunting deer under this subchapter only if the
Texas Cooperative Extension office contacted under Subsection (b)
notifies the game warden or other department employee that the
landowner's property is not typically used to plant a crop that is
susceptible to damage caused by depredating deer.
Sec. 43.653. HUNTING DEPREDATING DEER ALLOWED. A landowner
or the landowner's agent or lessee may hunt depredating deer during
the protection from depredation period without a hunting license
under Chapter 42 or a permit under Subchapter H if:
(1) 10 business days have elapsed since notification
was provided under Section 43.652(a); and
(2) the department has not prohibited the hunting
under Section 43.652.
Sec. 43.654. DISPOSITION OF WILDLIFE. (a) A landowner,
agent, or lessee who hunts deer under this subchapter shall give the
location of deer killed by the landowner, agent, or lessee to the
game warden or other department employee assigned to the area in
which the landowner's property is located.
(b) The game warden or other department employee notified
shall dispose of the carcass by donating it to a charitable
institution, a hospital, a needy person, or another appropriate
recipient.
Sec. 43.655. PENALTY. A landowner, agent, or lessee who
violates a provision of this chapter related to hunting deer
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
Sec. 43.656. EXPIRATION. This subchapter expires September
1, 2006.
SECTION 2. (a) In this section, "department" means the
Parks and Wildlife Department.
(b) The department shall study the population density of
deer in this state and the effect that deer have on economic,
agricultural, horticultural, and aquacultural interests in this
state.
(c) The study must identify:
(1) areas of the state, by county or municipality, if
applicable, that historically experience or suffer from:
(A) deer overpopulation;
(B) significant economic damage or serious
damage to agricultural, horticultural, and aquacultural interests
caused by deer; or
(C) a significant number of accidents involving
motor vehicles and deer; and
(2) potential solutions to the problems described by
Subdivision (1) of this subsection.
(d) In conducting the study, the department shall cooperate
and consult with the Texas Cooperative Extension and county offices
of the Texas Cooperative Extension.
(e) As soon as possible after the effective date of this Act
and not later than September 1, 2005, the department shall begin the
study. Not later than September 1, 2006, the department shall
complete the study.
SECTION 3. As soon as possible after the effective date of
this Act and not later than September 1, 2006, the Parks and
Wildlife Department shall establish the program required by Section
43.001, Parks and Wildlife Code, as added by this Act.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, as soon as possible after the effective date of this Act,
the Parks and Wildlife Department and the Texas Cooperative
Extension shall implement Subchapter S, Chapter 43, Parks and
Wildlife Code, as added by this Act.
(b) If this Act does not receive the vote necessary for
immediate effect, Subchapter S, Chapter 43, Parks and Wildlife
Code, as added by this Act, does not take effect.
SECTION 5. Except as provided by Section 4(b) of this Act:
(1) this Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2005.