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AN ACT
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relating to the trapping and transport of surplus white-tailed |
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deer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) through (h) and (k), Section |
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43.0612, Parks and Wildlife Code, are amended to read as follows: |
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(a) In this section: |
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(1) "Property[, "property] owners' association" has |
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the meaning assigned by Section 202.001, Property Code. |
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(2) "Qualified individual" means an individual who has |
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a wildlife management plan approved by the department. |
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(b) The department may issue to a qualified individual, a |
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political subdivision, or a property owners' association a permit |
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authorizing the trapping and transporting of surplus white-tailed |
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deer found on the property owned by the qualified individual or |
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within the boundaries of the political subdivision or the |
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geographic area in which property subject to the property owners' |
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association is located. |
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(c) Not later than the 30th day before the date of the first |
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planned trapping and transporting of white-tailed deer, a qualified |
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individual, a political subdivision, or a property owners' |
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association shall file with the department an application showing |
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that an overpopulation of white-tailed deer exists on [within] the |
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property owned by the qualified individual or within the boundaries |
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of the political subdivision or the geographic area in which |
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property subject to the property owners' association is located. |
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If the department issues a permit to a requesting qualified |
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individual, political subdivision, or property owners' |
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association, the permit shall contain specific instructions |
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detailing the location to which the trapped white-tailed deer are |
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to be transported or transplanted. |
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(d) After receipt of an application, the department may |
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issue to the qualified individual, political subdivision, or |
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property owners' association a permit specifying: |
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(1) the location to which trapped white-tailed deer |
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must be transported; and |
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(2) the purpose for which the trapped deer are to be |
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used. |
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(e) The department may deny a qualified individual, a |
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political subdivision, or a property owners' association a permit |
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if no suitable destination for the trapped white-tailed deer |
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exists. |
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(f) A qualified individual, a political subdivision, or a |
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property owners' association trapping and transporting |
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white-tailed deer under this section must make reasonable efforts |
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to ensure: |
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(1) safe and humane handling of trapped white-tailed |
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deer; and |
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(2) minimization of human health and safety hazards in |
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every phase of the trapping and transporting of white-tailed deer. |
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(g) A permit issued under this section may authorize a |
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qualified individual, a political subdivision, or a property |
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owners' association to trap and transport white-tailed deer only |
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between October 1 of a year and March 31 of the following year, |
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unless white-tailed deer found on the property owned by the |
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qualified individual or within the boundaries of [in] the political |
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subdivision or [in] the geographic area in which property subject |
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to the property owners' association is located pose a threat to |
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human health or safety, in which case the provision of Subsection |
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(e) does not apply and a permit may authorize the qualified |
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individual, political subdivision, or property owners' association |
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to trap and transport white-tailed deer at any time of the year. |
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(h) A permit issued under this section does not entitle a |
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person to take, trap, or possess white-tailed deer found on any |
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privately owned land without the landowner's written permission, |
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unless the permit holder is the landowner. |
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(k) The commission may adopt rules necessary for the |
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implementation of this chapter, including rules which enhance the |
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opportunity to relocate overpopulation of urban deer and relating |
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to required notification, record-keeping, permit conditions, and |
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the disposition of trapped white-tailed deer. The commission shall |
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adopt rules for determining the circumstances under which a |
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qualified individual, political subdivision, or property owners' |
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association may obtain a permit issued under this section. |
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SECTION 2. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 498 passed the Senate on |
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April 7, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 27, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 498 passed the House, with |
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amendments, on May 25, 2011, by the following vote: Yeas 144, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |