BILL ANALYSIS

Senate Research Center	H.B. 2842
89R15642 BEE-D	By: Zwiener et al. (Perry)
	Water, Agriculture and Rural Affairs
	5/15/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

According to a 2006 publication by the Texas Parks and Wildlife Department (TPWD) on managing deer populations in suburban areas, overabundant deer populations may lead to increased vehicle collisions with deer, disease transmission, and habitat degradation. A Texas Landowners Association article based on 2019 data indicates that, in the areas of Texas most heavily populated with deer, there can be as many as 293 deer per 1,000 acres. TPWD is authorized under current law to issue various permits to take protected wildlife, including a depredation permit, but eligibility for such a permit is limited. The bill author informed the committee that other programs administered by TPWD, such as the managed lands deer program, provide a structured approach to deer population management but do not permit certain effective culling methods that are permitted under a depredation permit, and, as a result, entities that are unable to obtain a depredation permit may face persistent overpopulation challenges that strain conservation efforts.

H.B. 2842 seeks to provide a safe and controlled solution for deer management in certain areas while broadening access to responsible wildlife management practices in Texas by authorizing political subdivisions, state and federal agencies, public institutions of higher education, and property owners' associations to apply for a TPWD administered depredation permit to address overpopulation in areas where deer are damaging the habitats of endangered or threatened species or where recreational hunting is not feasible.

H.B. 2842 amends current law relating to the control by lethal means of white-tailed deer in certain areas.

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Parks and Wildlife Commission is modified in SECTION 2 (Section 43.1515, Parks and Wildlife Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 43.151, Parks and Wildlife Code, as follows:

Sec. 43.151. New heading: THREATS TO PUBLIC SAFETY OR DAMAGE BY WILDLIFE; NOTICE OF WHITE-TAILED DEER POPULATION CONTROL IN CERTAIN AREAS. (a) Creates this subsection from existing text and makes no further changes.

(b) Requires a political subdivision, a state agency, a federal agency, an institution of higher education, or a property owners' association as defined by Section 202.001 (Definitions), Property Code, that desires to control by lethal means a white-tailed deer population to submit to the Texas Parks and Wildlife Department (TPWD) written notice of evidence demonstrating the use of lethal means is necessary to prevent the deer from damaging the habitat of one or more species listed by the United States Department of the Interior or an agency of this state as endangered or threatened or the entity is experiencing an overpopulation of deer on property the entity owns or manages and recreational hunting is not feasible for controlling the deer population.

SECTION 2. Amends Section 43.1515, Parks and Wildlife Code, to authorize the Texas Parks and Wildlife Commission to adopt certain rules to implement Subchapter H (Permits to Control Wildlife Protected by this Code), including rules governing the means, methods, times, and locations of killing protected wildlife, and to make nonsubstantive changes.

SECTION 3. Amends Section 43.152, Parks and Wildlife Code, as follows:

Sec. 43.152. DEPARTMENT INSPECTION. (a) Authorizes TPWD , on receiving notice from a person under Section 43.151(a), rather than Section 43.151, to inspect the property and determine if damage or a threat to public safety is occurring as alleged in the notice.

(b) Makes a conforming change to this subsection.

(c) Authorizes TPWD, on receiving notice from an entity under Section 43.151(b), to inspect the habitat or property referenced in the notice to assess deer management plans in the habitat relating to one or more species listed by the United States Department of the Interior or an agency of this state as endangered or threatened or determine whether the entity is experiencing an overpopulation of white-tailed deer on the property and whether recreational hunting for controlling the deer population is feasible.

SECTION 4. Amends Sections 43.153(a) and (b), Parks and Wildlife Code, as follows:

(a) Authorizes a person described by Section 43.151(a) (relating to a person who has evidence showing that wildlife protected by the Parks and Wildlife Code is causing certain damage and who desires to kill the protected wildlife) or an authorized representative of an entity described by Section 43.151(b), rather than a person who has evidence of damage by depredation or threat to public safety, to file with TPWD an application for a permit to kill the protected wildlife.

(b) Requires that the application be in writing, be sworn to by the applicant, and contain certain information, including a statement of facts relating to certain criteria, including as applicable, the feasibility of recreational hunting or the need to control overpopulation to prevent damage to the habitat of one or more species listed by the United States Department of the Interior or an agency of this state as endangered or threatened. Makes nonsubstantive changes.

SECTION 5. Amends Section 62.006, Parks and Wildlife Code, by adding Subsection (c), as follows:

(1) an entity described by Section 43.151(b) that employs a person for compensation or promise of compensation to control by lethal means white-tailed deer as authorized under a permit issued under Subchapter H, Chapter 43 (Special Licenses and Permits); or

(2) a person employed as described by Subdivision (1).

SECTION 6. Effective date: September 1, 2025.