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A BILL TO BE ENTITLED
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AN ACT
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relating to the management of overpopulations of white-tailed deer |
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in areas where recreational hunting is not feasible. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.151, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.151. THREATS TO PUBLIC SAFETY OR DAMAGE BY |
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WILDLIFE; OVERPOPULATION. (a) In this subchapter "property |
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owners' association" has the meaning assigned by Section 202.001, |
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Property Code. |
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(b) A person who has evidence clearly showing that wildlife |
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protected by this code is causing serious damage to commercial |
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agricultural, horticultural, or aquicultural interests, or is a |
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threat to public safety, and who desires to kill the protected |
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wildlife shall give written notice of the facts to the department. |
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(c) A political subdivision, state agency, federal agency, |
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institution of higher education, or property owners' association |
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that desires to control the white-tailed deer population by lethal |
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means shall give written notice to the department if it has |
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evidence that (1) it is necessary to prevent damage to habitat for |
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federal or state listed species, or (2) there is an overpopulation |
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of white-tailed deer on property owned by the applicable entity |
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where recreational hunting for controlling deer populations is not |
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feasible. |
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SECTION 2. Section 43.1515, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.1515. RULES. The commission may adopt rules to |
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implement this subchapter, including rules governing: |
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(1) reports that must be submitted to the department |
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by a person who holds a permit issued by the department under this |
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subchapter; |
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(2) the reinstatement of a canceled permit and a fee |
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for the reinstatement; |
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(3) the possession of wildlife resources taken or held |
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under this subchapter; |
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(4) the circumstances required to qualify for a |
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permit; [and] |
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(5) the electronic issuance of permits; and |
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(6) the means, methods, time, and places of killing |
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protected wildlife. |
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SECTION 3. Section 43.152, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.152. DEPARTMENT INSPECTION. (a) On receiving |
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notice from a person under Section 43.151(b) [43.151], the |
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department may inspect the property and determine if damage or a |
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threat to public safety is occurring as alleged in the notice. |
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(b) If the notice received by the department under Section |
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43.151(b) [43.151] alleges damage or a threat to public safety |
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caused by mule deer, pronghorn antelope, or desert bighorn sheep, |
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the department may not issue a permit under Section 43.154 unless |
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the department inspects the property and determines whether serious |
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damage or a threat to public safety is occurring. |
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(c) On receiving notice from a political subdivision, state |
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agency, federal agency, institution of higher education, or |
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property owners' association under Section 43.151(c), the |
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department may inspect the property to: |
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(1) assess deer management plans for state or federal |
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listed species; or |
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(2) determine if there is an overpopulation of deer |
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and if recreational hunting for controlling deer populations is |
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not feasible. |
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SECTION 4. Section 43.153, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.153. APPLICATION FOR PERMIT. (a) A person or |
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authorized representative of a political subdivision, state |
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agency, federal agency, institution of higher education, or |
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property owners' association authorized by Section 43.151 to |
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provide notice to the department [who has evidence of damage by |
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depredation or threat to public safety] may file with the |
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department an application for a permit to kill the protected |
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wildlife. |
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(b) The application must be in writing, be sworn to by the |
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applicant, and contain: |
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(1) a statement of facts relating to: |
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(A) the damage or threat and feasibility of |
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recreational hunting; or |
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(B) need to prevent overpopulation for federal or |
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state listed species; and |
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(2) an agreement by the applicant to comply with the |
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provisions of this subchapter and any rules adopted by the |
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commission under this subchapter. |
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(c) [(d)] The application must be accompanied by a permit |
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application fee of $50 or an amount set by the commission, whichever |
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amount is more. Proceeds from the fee shall be deposited in the |
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special game, fish, and water safety account. |
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SECTION 5. Section 43.157, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.157. VIOLATIONS; PENALTY. (a) [(b)] No permittee |
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may dispose of a wildlife carcass killed under the permit or allow |
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the wildlife to be disposed of except as allowed under Section |
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43.155 of this code. |
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(b) [(c)] No permittee may violate a term or condition of |
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the permit. |
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(c) [(d)] Except as provided by Subsection (d) [(e)], a |
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person who violates this section commits an offense that is a Class |
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B Parks and Wildlife Code misdemeanor. |
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(d) [(e)] A person who violates a reporting requirement |
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adopted under this subchapter commits an offense that is a Class C |
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Parks and Wildlife Code misdemeanor. |
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(e) It is not a violation of Section 62.006 for a person to |
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employ or be employed or to compensate or be compensated to kill |
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wildlife under a permit issued under this subchapter. |
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SECTION 6. This Act takes effect September 1, 2023. |