81R5813 SLB-D
 
  By: Darby H.B. No. 1965
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to permits to control protected wildlife; providing a
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 43.151, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 43.151.  THREATS TO PUBLIC SAFETY OR DAMAGE BY
  WILDLIFE. [(a)]  A person who has evidence clearly showing that
  wildlife protected by this code is causing serious damage to
  commercial agricultural, horticultural, or aquicultural interests
  [or other property], or is a threat to public safety, and who
  desires to kill the protected wildlife shall give written notice of
  the facts to the department [county judge of the county or to the
  mayor of the municipality in which the damage or threat occurs].
         [(b)     The county judge or mayor, on receiving the notice,
  shall immediately cause a substantial copy of the notice to be
  posted in the county courthouse or city hall, as applicable, and
  shall notify the department of the location of the property where
  the damage or threat is occurring, the type of damage or nature of
  the threat, and the name of the applicant.]
         SECTION 2.  Subchapter H, Chapter 43, Parks and Wildlife
  Code, is amended by adding Section 43.1515 to read as follows:
         Sec. 43.1515.  RULES. The commission may adopt rules to
  implement this subchapter, including rules governing:
               (1)  reports that must be submitted to the department
  by a person who holds a permit issued by the department under this
  subchapter; and
               (2)  the reinstatement of a canceled permit and a fee
  for the reinstatement.
         SECTION 3.  Section 43.152, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 43.152.  DEPARTMENT INSPECTION. On receiving notice
  from a person under Section 43.151 [a county judge or mayor], the
  department may [shall] inspect the property and determine if damage
  or a threat to public safety is occurring as alleged in the notice.
  If the damage or threat is occurring, the department shall make
  recommendations to the person as are feasible and appropriate for
  controlling the damage or threat.
         SECTION 4.  Section 43.153, Parks and Wildlife Code, is
  amended by amending Subsections (b) and (c) and adding Subsection
  (d) to read as follows:
         (b)  The application must be in writing, [and] be sworn to by
  the applicant, and [must] contain:
               (1)  a statement of facts relating to the damage or
  threat; and
               (2)  an agreement by the applicant to comply with the
  provisions of this subchapter and any rules adopted by the
  commission under this subchapter [relating to the disposition of
  the protected wildlife].
         (c)  The application must be accompanied by:
               (1)  a statement signed by the employee of the
  department who made the investigation that damage is being done or
  that a threat exists and control measures have been recommended;
  and
               (2)  a statement by the applicant that he has taken all
  measures recommended by the department for the prevention of the
  damage or threat[; and
               [(3)     a certification of the county judge that the
  application is true].
         (d)  The application must be accompanied by a permit
  application fee of $50 or an amount set by the commission, whichever
  amount is more. Proceeds from the fee shall be deposited in the
  special game, fish, and water safety account.
         SECTION 5.  Section 43.154(b), Parks and Wildlife Code, is
  amended to read as follows:
         (b)  The department shall deliver or mail the permit, if
  issued, to the person requesting the permit or to the regional or
  local office of the department for pickup by the person [county
  judge or mayor that sent the notice of damage or threat]. The
  permit may not be delivered earlier than 24 hours after the notice
  [from the county judge or mayor] was received by the department.
         SECTION 6.  Section 43.155, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 43.155.  DISPOSITION OF WILDLIFE.  (a)  The holder of a
  permit issued under this subchapter or a person designated by
  Section 43.154(c)(4) who kills wildlife under the authority of the
  permit shall [give the location of the wildlife carcass to the game
  warden or other department employee assigned to the area covered by
  the permit.
         [(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 any other appropriate
  recipient[, or as directed by the court].
         (b)  The permit holder or a person designated under Section
  43.154(c)(4) may not keep or sell any part of the wildlife taken
  under this subchapter, including antlers.
         SECTION 7.  Section 43.156, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 43.156.  CANCELLATION OF PERMIT. The department may
  cancel a permit if:
               (1)  the permit does not accomplish its intended
  purposes;
               (2)  the permit holder fails to submit a required
  report to the department; or
               (3)  the permit holder intentionally made false claims
  on the application for the permit.
         SECTION 8.  Subchapter H, Chapter 43, Parks and Wildlife
  Code, is amended by adding Section 43.1565 to read as follows:
         Sec. 43.1565.  REINSTATEMENT OF PERMIT. The department may
  reinstate a canceled permit if the permit holder submits an
  application for reinstatement in the same manner as required by
  Section 43.153 for an original permit and pays a fee set by the
  commission.
         SECTION 9.  Section 43.157, Parks and Wildlife Code, is
  amended by amending Subsection (d) and adding Subsection (e) to
  read as follows:
         (d)  Except as provided by Subsection (e), a [A] person who
  violates this section commits an offense that is a Class B Parks and
  Wildlife Code misdemeanor.
         (e)  A person who violates a reporting requirement adopted
  under this subchapter commits an offense that is a Class C Parks and
  Wildlife Code misdemeanor.
         SECTION 10.  Section 43.157(a), Parks and Wildlife Code, is
  repealed.
         SECTION 11.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  For the purpose of this section, an offense is committed before the
  effective date of this Act if any element of the offense occurs
  before that date. An offense committed before the effective date of
  this Act is covered by the law in effect when the offense was
  committed, and the former law is continued in effect for that
  purpose.
         SECTION 12.  This Act takes effect September 1, 2009.