By: Zwiener H.B. No. 5271
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the management of overpopulations of white-tailed deer
  in areas where recreational hunting is not feasible.
         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; OVERPOPULATION.  (a)  In this subchapter "property
  owners' association" has the meaning assigned by Section 202.001,
  Property Code.
         (b)  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 is a
  threat to public safety, and who desires to kill the protected
  wildlife shall give written notice of the facts to the department.
         (c)  A political subdivision, state agency, federal agency,
  institution of higher education, or property owners' association
  that desires to control the white-tailed deer population by lethal
  means shall give written notice to the department if it has
  evidence that (1) it is necessary to prevent damage to habitat for
  federal or state listed species, or (2) there is an overpopulation
  of white-tailed deer on property owned by the applicable entity
  where recreational hunting for controlling deer populations is not
  feasible.
         SECTION 2.  Section 43.1515, Parks and Wildlife Code is
  amended 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;
               (2)  the reinstatement of a canceled permit and a fee
  for the reinstatement;
               (3)  the possession of wildlife resources taken or held
  under this subchapter;
               (4)  the circumstances required to qualify for a
  permit; [and]
               (5)  the electronic issuance of permits; and
               (6)  the means, methods, time, and places of killing
  protected wildlife.
         SECTION 3.  Section 43.152, Parks and Wildlife Code is
  amended to read as follows:
         Sec. 43.152.  DEPARTMENT INSPECTION. (a) On receiving
  notice from a person under Section 43.151(b), the department may
  inspect the property and determine if damage or a threat to public
  safety is occurring as alleged in the notice.
         (b)  If the notice received by the department under Section
  43.151(b) alleges damage or a threat to public safety caused by mule
  deer, pronghorn antelope, or desert bighorn sheep, the department
  may not issue a permit under Section 43.154 unless the department
  inspects the property and determines whether serious damage or a
  threat to public safety is occurring.
         (c)  On receiving notice from a political subdivision, state
  agency, federal agency, institution of higher education, or
  property owners' association under Section 43.151(c), the
  department may inspect the property to:
               (1)  assess deer management plans for state or federal
  listed species, or
               (2)  to determine if there is an overpopulation of deer
  and if recreational hunting for controlling deer populations is
  not feasible.
         SECTION 3.  Section 43.153, Parks and Wildlife Code is
  amended to read as follows:
         Sec. 43.153.  APPLICATION FOR PERMIT. (a) A person who has
  evidence of damage by depredation or threat to public safetyor
  authorized representative of a political subdivision, state
  agency, federal agency, institution of higher education, or a
  property owner's association authorized by Section 43.151 to
  provide notice to the department may file with the department an
  application for a permit to kill the protected wildlife.
         (b)  The application must be in writing, be sworn to by the
  applicant, and contain:
               (1)  a statement of facts relating to:
                     (A)  the damage or threat and feasibility of
  recreational hunting; [and]or
                     (B)  need to prevent overpopulation for federal or
  state listed species; 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.
         [(d)](c) 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 4.  Section 43.157, Parks and Wildlife Code is
  amended to read as follows:
         Sec. 43.157.  VIOLATIONS; PENALTY.  [(b)]  (a) No permittee
  may dispose of a wildlife carcass killed under the permit or allow
  the wildlife to be disposed of except as allowed under Section
  43.155 of this code.
         [(c)]  (b) No permittee may violate a term or condition of
  the permit.
         [(d)]  (c) Except as provided by Subsection (e), a person who
  violates this section commits an offense that is a Class B Parks and
  Wildlife Code misdemeanor.
         [(e)]  (d) A person who violates a reporting requirement
  adopted under this subchapter commits an offense that is a Class C
  Parks and Wildlife Code misdemeanor.
         (e)  It is not a violation of Section 62.006 for a person to
  employ or be employed or to compensate or be compensated to kill
  wildlife under a permit issued under this subchapter.
         SECTION 5.  This Act takes effect September 1, 2023.