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A BILL TO BE ENTITLED
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AN ACT
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relating to the control by lethal means of white-tailed deer in |
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certain areas. |
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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; NOTICE OF WHITE-TAILED DEER POPULATION CONTROL IN CERTAIN |
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AREAS. (a) A person who has evidence clearly showing that |
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wildlife protected by this code is causing serious damage to |
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commercial agricultural, horticultural, or aquicultural interests, |
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or is a threat to public safety, and who desires to kill the |
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protected wildlife shall give written notice of the facts to the |
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department. |
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(b) A political subdivision, a state agency, a federal |
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agency, an institution of higher education, or a property owners' |
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association as defined by Section 202.001, Property Code, that |
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desires to control by lethal means a white-tailed deer population |
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shall submit to the department written notice of evidence |
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demonstrating: |
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(1) the use of lethal means is necessary to prevent the |
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deer from damaging the habitat of one or more species listed by the |
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United States Department of the Interior or an agency of this state |
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as endangered or threatened; or |
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(2) the entity is experiencing an overpopulation of |
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deer on property the entity owns or manages and recreational |
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hunting is not feasible for controlling the deer population. |
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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, times, and locations of |
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killing 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(a) [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(a) [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 an entity under Section |
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43.151(b), the department may inspect the habitat or property |
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referenced in the notice to: |
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(1) assess deer management plans in the habitat |
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relating to one or more species listed by the United States |
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Department of the Interior or an agency of this state as endangered |
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or threatened; or |
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(2) determine whether the entity is experiencing an |
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overpopulation of white-tailed deer on the entity's property and |
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whether recreational hunting for controlling the deer population is |
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feasible. |
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SECTION 4. Sections 43.153(a) and (b), Parks and Wildlife |
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Code, are amended to read as follows: |
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(a) A person described by Section 43.151(a) or an authorized |
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representative of an entity described by Section 43.151(b) [who has |
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evidence of damage by depredation or threat to public safety] may |
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file with the department an application for a permit to kill the |
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protected 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, as applicable: |
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(A) the damage or threat; |
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(B) the feasibility of recreational hunting; or |
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(C) the need to control overpopulation to prevent |
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damage to the habitat of one or more species listed by the United |
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States Department of the Interior or an agency of this state as |
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endangered or threatened; 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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SECTION 5. Section 62.006, Parks and Wildlife Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) This section does not apply to: |
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(1) an entity described by Section 43.151(b) that |
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employs a person for compensation or promise of compensation to |
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control by lethal means white-tailed deer as authorized under a |
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permit issued under Subchapter H, Chapter 43; or |
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(2) a person employed as described by Subdivision (1). |
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SECTION 6. This Act takes effect September 1, 2025. |