H.B. No. 1965
AN ACT
relating to permits to control protected wildlife; providing a
penalty.
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. [(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 other property], 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 [county judge of the county or to the
mayor of the municipality in which the damage or threat occurs].
[(b) The county judge or mayor, on receiving the notice,
shall immediately cause a substantial copy of the notice to be
posted in the county courthouse or city hall, as applicable, and
shall notify the department of the location of the property where
the damage or threat is occurring, the type of damage or nature of
the threat, and the name of the applicant.]
SECTION 2. Subchapter H, Chapter 43, Parks and Wildlife
Code, is amended by adding Section 43.1515 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.
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 [a county judge or mayor],
the department may [shall] 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 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. [If the damage or threat is
occurring, the department shall make recommendations to the person
as are feasible and appropriate for controlling the damage or
threat.]
SECTION 4. Section 43.153, Parks and Wildlife Code, is
amended by amending Subsection (b) and adding Subsection (d) to
read as follows:
(b) The application must be in writing, [and] be sworn to by
the applicant, and [must] contain:
(1) a statement of facts relating to the damage or
threat; 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 [relating to the disposition of
the protected wildlife].
(d) 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 5. Section 43.154, Parks and Wildlife Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsection (a-1) to read as follows:
(a) On receipt of an application, the department may issue a
permit for the killing of wildlife without regard to the closed
season, bag limit, or means and methods. As soon as practicable,
but not later than the 10th business day after the date the
department receives an application, the department shall approve or
deny the application and, if the application is approved, issue the
permit.
(a-1) The department may not issue a permit under this
section for the killing of mule deer, pronghorn antelope, or desert
bighorn sheep unless:
(1) the department has inspected the property and has
verified that serious damage or a threat to public safety as
described in the notice under Section 43.151 is occurring;
(2) the department has made recommendations to the
applicant regarding ways to minimize the damage or threat; and
(3) the applicant has made a reasonable effort to
comply with the recommendations made by the department under this
section.
(b) The department shall deliver or mail the permit, if
issued, to the person requesting the permit or to the regional or
local office of the department for pickup by the person. The
department may issue the permit electronically [county judge or
mayor that sent the notice of damage or threat. The permit may not
be delivered earlier than 24 hours after the notice from the county
judge or mayor was received by the department].
(c) A permit must specify:
(1) the period of time during which it is valid;
(2) the area in which it applies;
(3) the kind and number of wildlife authorized to be
killed; and
(4) the persons permitted to kill the noxious
wildlife.
SECTION 6. Section 43.155, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.155. DISPOSITION OF WILDLIFE. (a) The holder of a
permit issued under this subchapter or a person designated by
Section 43.154(c)(4) who kills wildlife under the authority of the
permit shall [give the location of the wildlife carcass to the game
warden or other department employee assigned to the area covered by
the permit.
[(b) The game warden or other department employee notified
shall] dispose of the carcass by donating it to a charitable
institution, a hospital, a needy person, or any other appropriate
recipient[, or as directed by the court].
(b) The permit holder or a person designated under Section
43.154(c)(4) may not keep or sell any part of the wildlife taken
under this subchapter, including antlers.
SECTION 7. Section 43.156, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.156. CANCELLATION OF PERMIT. The department may
cancel a permit if:
(1) the permit does not accomplish its intended
purposes;
(2) the permit holder fails to submit a required
report to the department; or
(3) the permit holder intentionally made false claims
on the application for the permit.
SECTION 8. Subchapter H, Chapter 43, Parks and Wildlife
Code, is amended by adding Section 43.1565 to read as follows:
Sec. 43.1565. REINSTATEMENT OF PERMIT. The department may
reinstate a canceled permit if the permit holder submits an
application for reinstatement in the same manner as required by
Section 43.153 for an original permit and pays a fee set by the
commission.
SECTION 9. Section 43.157, Parks and Wildlife Code, is
amended by amending Subsection (d) and adding Subsection (e) to
read as follows:
(d) Except as provided by Subsection (e), a [A] person who
violates this section commits an offense that is a Class B Parks and
Wildlife Code misdemeanor.
(e) A person who violates a reporting requirement adopted
under this subchapter commits an offense that is a Class C Parks and
Wildlife Code misdemeanor.
SECTION 10. Sections 43.153(c) and 43.157(a), Parks and
Wildlife Code, are repealed.
SECTION 11. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For the purpose of this subsection, an offense is committed
before the effective date of this Act if any element of the offense
occurs before that date. An offense committed before the effective
date of this Act is covered by the law in effect when the offense was
committed, and the former law is continued in effect for that
purpose.
(b) The change in law made by this Act applies only to a
permit under Subchapter H, Chapter 43, Parks and Wildlife Code,
that is issued on or after the effective date of this Act. A permit
issued before the effective date of this Act is governed by the law
as it existed immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1965 was passed by the House on April
23, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1965 on May 21, 2009, by the following vote: Yeas 138, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1965 was passed by the Senate, with
amendments, on May 18, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor