| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the control of white-tailed deer in certain areas by |
|
|
lethal means. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter H, Chapter 43, Parks and Wildlife |
|
|
Code, is amended by adding Section 43.1501 to read as follows: |
|
|
Sec. 43.1501. DEFINITION. In this subchapter, "property |
|
|
owners' association" has the meaning assigned by Section 202.001, |
|
|
Property Code. |
|
|
SECTION 2. Section 43.151, Parks and Wildlife Code, is |
|
|
amended to read as follows: |
|
|
Sec. 43.151. THREATS TO PUBLIC SAFETY OR DAMAGE BY |
|
|
WILDLIFE; CONTROL OF WHITE-TAILED DEER POPULATION IN CERTAIN AREAS. |
|
|
(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 is a |
|
|
threat to public safety, and who desires to kill the protected |
|
|
wildlife shall give written notice of the facts to the department. |
|
|
(b) A political subdivision, state agency, federal agency, |
|
|
institution of higher education, or property owners' association |
|
|
shall give written notice to the department if the entity desires to |
|
|
control a white-tailed deer population by lethal means based on |
|
|
evidence demonstrating that the entity is experiencing an |
|
|
overpopulation of deer on property the entity owns and recreational |
|
|
hunting is not feasible for controlling the deer population. |
|
|
SECTION 3. 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 locations of killing |
|
|
protected wildlife. |
|
|
SECTION 4. 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(a) [43.151], 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(a) [43.151] 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 an entity under Section |
|
|
43.151(b), the department may inspect the habitat or property |
|
|
referenced in the notice to determine whether the entity is |
|
|
experiencing an overpopulation of white-tailed deer on the entity's |
|
|
property and whether recreational hunting for controlling the deer |
|
|
population is feasible. |
|
|
SECTION 5. Sections 43.153(a) and (b), Parks and Wildlife |
|
|
Code, are amended to read as follows: |
|
|
(a) A person described by Section 43.151(a) or an authorized |
|
|
representative of an entity described by Section 43.151(b) [who has |
|
|
evidence of damage by depredation or threat to public safety] 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, as applicable: |
|
|
(A) the damage or threat; and |
|
|
(B) the feasibility of recreational hunting to |
|
|
control overpopulation of white-tailed deer; 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. |
|
|
SECTION 6. Section 62.006, Parks and Wildlife Code, is |
|
|
amended by adding Subsection (c) to read as follows: |
|
|
(c) This section does not apply to: |
|
|
(1) an entity described by Section 43.151(b) that |
|
|
employs a person for compensation or promise of compensation to |
|
|
control white-tailed deer through lethal means under a permit |
|
|
issued under Subchapter H, Chapter 43; or |
|
|
(2) a person employed as described by Subdivision (1). |
|
|
SECTION 7. This Act takes effect September 1, 2023. |
|
|
|
|
|
* * * * * |