By: Hunter, et al. H.B. No. 3977
A BILL TO BE ENTITLED
AN ACT
relating to the capture and transport of certain deer; providing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.0612, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.0612. TRAPPING AND TRANSPORTING SURPLUS
WHITE-TAILED DEER; PERMIT REQUIRED. (a) In this section:
(1) "Property [,"property] owners' association" has
the meaning assigned by Section 202.001, Property Code.
(2) "Qualified individual" means an individual who has
a wildlife management plan approved by the department.
(b) The department may issue to a qualified individual, a
political subdivision, or a property owners' association a permit
authorizing the trapping and transporting of surplus white-tailed
deer found on [within] the property owned by the qualified
individual or within the boundaries of the political subdivision or
the geographic area in which property subject to the property
owners' association is located.
(c) Not later than the 30th day before the date of the first
planned trapping and transporting of white-tailed deer, a qualified
individual, a political subdivision, or a property owners'
association shall file with the department an application showing
that an overpopulation of white-tailed deer exists on [within] the
property owned by the qualified individual or within the boundaries
of the political subdivision or the geographic area in which
property subject to the property owners' association is located.
If the department issues a permit to a requesting qualified
individual, political subdivision, or property owners'
association, the permit shall contain specific instructions
detailing the location to which the trapped white-tailed deer are
to be transported or transplanted.
(d) After receipt of an application, the department may
issue to the qualified individual, political subdivision, or
property owners' association a permit specifying:
(1) the location to which trapped white-tailed deer
must be transported; and
(2) the purpose for which the trapped deer are to be
used.
(e) The department may deny a qualified individual, a
political subdivision, or a property owners' association a permit
if no suitable destination for the trapped white-tailed deer
exists.
(f) A qualified individual, a political subdivision, or a
property owners' association trapping and transporting
white-tailed deer under this section must make reasonable efforts
to ensure:
(1) safe and humane handling of trapped white-tailed
deer; and
(2) minimization of human health and safety hazards in
every phase of the trapping and transporting of white-tailed deer.
(g) A permit issued under this section may authorize a
qualified individual, a political subdivision, or a property
owners' association to trap and transport white-tailed deer only
between October 1 of a year and March 31 of the following year,
unless white-tailed deer found on the property owned by the
qualified individual or within the boundaries of [in] the political
subdivision or [in] the geographic area in which property subject
to the property owners' association is located pose a threat to
human health or safety, in which case the provision of Subsection
(e) does not apply and a permit may authorize the qualified
individual, political subdivision, or property owners' association
to trap and transport white-tailed deer at any time of the year.
(h) A permit issued under this section does not entitle a
person to take, trap, or possess white-tailed deer found on any
privately owned land without the landowner's written permission,
unless the permit holder is the landowner.
(i) The state is not liable for and may not incur any expense
for the trapping and transporting of white-tailed deer under a
permit issued under this section.
(j) The commission by rule may set and the department may
[not] charge a fee not to exceed $300 for a white-tailed deer
trapping and transporting permit issued under this section.
(k) The commission may adopt rules necessary for the
implementation of this chapter, including rules which enhance the
opportunity to relocate overpopulation of urban deer and relating
to required notification, record-keeping, permit conditions, and
the disposition of trapped white-tailed deer. The commission shall
adopt rules for determining the circumstances under which a
qualified individual, political subdivision, or property owners'
association may obtain a permit issued under this section.
SECTION 2. (a) Section 43.062, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.062. PENALTIES [PENALTY]. (a) Except as provided
by Subsection (b), a [A] person who violates any provision of this
subchapter or the terms of a permit issued under this subchapter
commits an offense that is a Class B Parks and Wildlife Code
misdemeanor.
(b) A person who violates Section 43.061(a) by
intentionally capturing, transporting, or transplanting a
white-tailed or mule deer without obtaining the required permit or
by intentionally violating one or more terms of the permit commits
an offense that is a Parks and Wildlife Code state jail felony.
(b) Section 43.062, Parks and Wildlife Code, as amended by
this section, applies only to an offense committed on or after the
effective date of this Act. For purposes 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.
SECTION 3. This Act takes effect September 1, 2009.