81R8167 SLB-D
 
  By: Hunter H.B. No. 3977
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the trapping and transport of surplus white-tailed
  deer.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 43.0612(b), (c), (d), (e), (f), (g),
  and (h), Parks and Wildlife Code, are amended to read as follows:
         (b)  The department may issue to an individual, a political
  subdivision, or a property owners' association a permit authorizing
  the trapping and transporting of surplus white-tailed deer found on 
  [within] the property owned by the individual or 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, an
  individual, a political subdivision, or a property owners'
  association shall file with the department an application showing
  that an overpopulation of white-tailed deer exists on [within] the
  property owned by the individual or within the boundaries of the
  political subdivision or the geographic area in which property
  subject to the property owners' association is located. If the
  department issues a permit to a requesting individual, political
  subdivision, or property owners' association, the permit shall
  contain specific instructions detailing the location to which the
  trapped white-tailed deer are to be transported or transplanted.
         (d)  After receipt of an application, the department may
  issue to the individual, 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 an individual, a political
  subdivision, or a property owners' association a permit if no
  suitable destination for the trapped white-tailed deer exists.
         (f)  An individual, a [A] political subdivision, or a 
  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 an
  individual, 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 on the property owned by the individual or
  within the boundaries of [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 the provision of Subsection (e) does not apply and a
  permit may authorize the individual, 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,
  unless the permit holder is the landowner.
         SECTION 2.  This Act takes effect September 1, 2009.