Texas 2009 - 81st Regular

Texas House Bill HB3977 Compare Versions

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1	1	By: Hunter, et al. H.B. No. 3977
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the capture and transport of certain deer; providing a
7	7	penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 43.0612, Parks and Wildlife Code, is
10	10	amended to read as follows:
11	11	Sec. 43.0612. TRAPPING AND TRANSPORTING SURPLUS
12	12	WHITE-TAILED DEER; PERMIT REQUIRED. (a) In this section:
13	13	(1) "Property [,"property] owners' association" has
14	14	the meaning assigned by Section 202.001, Property Code.
15	15	(2) "Qualified individual" means an individual who has
16	16	a wildlife management plan approved by the department.
17	17	(b) The department may issue to a qualified individual, a
18	18	political subdivision, or a property owners' association a permit
19	19	authorizing the trapping and transporting of surplus white-tailed
20	20	deer found on [within] the property owned by the qualified
21	21	individual or within the boundaries of the political subdivision or
22	22	the geographic area in which property subject to the property
23	23	owners' association is located.
24	24	(c) Not later than the 30th day before the date of the first
25	25	planned trapping and transporting of white-tailed deer, a qualified
26	26	individual, a political subdivision, or a property owners'
27	27	association shall file with the department an application showing
28	28	that an overpopulation of white-tailed deer exists on [within] the
29	29	property owned by the qualified individual or within the boundaries
30	30	of the political subdivision or the geographic area in which
31	31	property subject to the property owners' association is located.
32	32	If the department issues a permit to a requesting qualified
33	33	individual, political subdivision, or property owners'
34	34	association, the permit shall contain specific instructions
35	35	detailing the location to which the trapped white-tailed deer are
36	36	to be transported or transplanted.
37	37	(d) After receipt of an application, the department may
38	38	issue to the qualified individual, political subdivision, or
39	39	property owners' association a permit specifying:
40	40	(1) the location to which trapped white-tailed deer
41	41	must be transported; and
42	42	(2) the purpose for which the trapped deer are to be
43	43	used.
44	44	(e) The department may deny a qualified individual, a
45	45	political subdivision, or a property owners' association a permit
46	46	if no suitable destination for the trapped white-tailed deer
47	47	exists.
48	48	(f) A qualified individual, a political subdivision, or a
49	49	property owners' association trapping and transporting
50	50	white-tailed deer under this section must make reasonable efforts
51	51	to ensure:
52	52	(1) safe and humane handling of trapped white-tailed
53	53	deer; and
54	54	(2) minimization of human health and safety hazards in
55	55	every phase of the trapping and transporting of white-tailed deer.
56	56	(g) A permit issued under this section may authorize a
57	57	qualified individual, a political subdivision, or a property
58	58	owners' association to trap and transport white-tailed deer only
59	59	between October 1 of a year and March 31 of the following year,
60	60	unless white-tailed deer found on the property owned by the
61	61	qualified individual or within the boundaries of [in] the political
62	62	subdivision or [in] the geographic area in which property subject
63	63	to the property owners' association is located pose a threat to
64	64	human health or safety, in which case the provision of Subsection
65	65	(e) does not apply and a permit may authorize the qualified
66	66	individual, political subdivision, or property owners' association
67	67	to trap and transport white-tailed deer at any time of the year.
68	68	(h) A permit issued under this section does not entitle a
69	69	person to take, trap, or possess white-tailed deer found on any
70	70	privately owned land without the landowner's written permission,
71	71	unless the permit holder is the landowner.
72	72	(i) The state is not liable for and may not incur any expense
73	73	for the trapping and transporting of white-tailed deer under a
74	74	permit issued under this section.
75	75	(j) The commission by rule may set and the department may
76	76	[not] charge a fee not to exceed $300 for a white-tailed deer
77	77	trapping and transporting permit issued under this section.
78	78	(k) The commission may adopt rules necessary for the
79	79	implementation of this chapter, including rules which enhance the
80	80	opportunity to relocate overpopulation of urban deer and relating
81	81	to required notification, record-keeping, permit conditions, and
82	82	the disposition of trapped white-tailed deer. The commission shall
83	83	adopt rules for determining the circumstances under which a
84	84	qualified individual, political subdivision, or property owners'
85	85	association may obtain a permit issued under this section.
86	86	SECTION 2. (a) Section 43.062, Parks and Wildlife Code, is
87	87	amended to read as follows:
88	88	Sec. 43.062. PENALTIES [PENALTY]. (a) Except as provided
89	89	by Subsection (b), a [A] person who violates any provision of this
90	90	subchapter or the terms of a permit issued under this subchapter
91	91	commits an offense that is a Class B Parks and Wildlife Code
92	92	misdemeanor.
93	93	(b) A person who violates Section 43.061(a) by
94	94	intentionally capturing, transporting, or transplanting a
95	95	white-tailed or mule deer without obtaining the required permit or
96	96	by intentionally violating one or more terms of the permit commits
97	97	an offense that is a Parks and Wildlife Code state jail felony.
98	98	(b) Section 43.062, Parks and Wildlife Code, as amended by
99	99	this section, applies only to an offense committed on or after the
100	100	effective date of this Act. For purposes of this subsection, an
101	101	offense is committed before the effective date of this Act if any
102	102	element of the offense occurs before that date. An offense
103	103	committed before the effective date of this Act is covered by the
104	104	law in effect when the offense was committed, and the former law is
105	105	continued in effect for that purpose.
106	106	SECTION 3. This Act takes effect September 1, 2009.