Texas 2009 - 81st Regular

Texas Senate Bill SB1583 Compare Versions

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1	1	81R8167 SLB-D
2	2	By: Harris S.B. No. 1583
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the trapping and transport of surplus white-tailed
8	8	deer.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 43.0612(b), (c), (d), (e), (f), (g),
11	11	and (h), Parks and Wildlife Code, are amended to read as follows:
12	12	(b) The department may issue to an individual, a political
13	13	subdivision, or a property owners' association a permit authorizing
14	14	the trapping and transporting of surplus white-tailed deer found on
15	15	[within] the property owned by the individual or within the
16	16	boundaries of the political subdivision or the geographic area in
17	17	which property subject to the property owners' association is
18	18	located.
19	19	(c) Not later than the 30th day before the date of the first
20	20	planned trapping and transporting of white-tailed deer, an
21	21	individual, a political subdivision, or a property owners'
22	22	association shall file with the department an application showing
23	23	that an overpopulation of white-tailed deer exists on [within] the
24	24	property owned by the individual or within the boundaries of the
25	25	political subdivision or the geographic area in which property
26	26	subject to the property owners' association is located. If the
27	27	department issues a permit to a requesting individual, political
28	28	subdivision, or property owners' association, the permit shall
29	29	contain specific instructions detailing the location to which the
30	30	trapped white-tailed deer are to be transported or transplanted.
31	31	(d) After receipt of an application, the department may
32	32	issue to the individual, political subdivision, or property owners'
33	33	association a permit specifying:
34	34	(1) the location to which trapped white-tailed deer
35	35	must be transported; and
36	36	(2) the purpose for which the trapped deer are to be
37	37	used.
38	38	(e) The department may deny an individual, a political
39	39	subdivision, or a property owners' association a permit if no
40	40	suitable destination for the trapped white-tailed deer exists.
41	41	(f) An individual, a [A] political subdivision, or a
42	42	property owners' association trapping and transporting
43	43	white-tailed deer under this section must make reasonable efforts
44	44	to ensure:
45	45	(1) safe and humane handling of trapped white-tailed
46	46	deer; and
47	47	(2) minimization of human health and safety hazards in
48	48	every phase of the trapping and transporting of white-tailed deer.
49	49	(g) A permit issued under this section may authorize an
50	50	individual, a political subdivision, or a property owners'
51	51	association to trap and transport white-tailed deer only between
52	52	October 1 of a year and March 31 of the following year, unless
53	53	white-tailed deer found on the property owned by the individual or
54	54	within the boundaries of [in] the political subdivision or [in] the
55	55	geographic area in which property subject to the property owners'
56	56	association is located pose a threat to human health or safety, in
57	57	which case the provision of Subsection (e) does not apply and a
58	58	permit may authorize the individual, political subdivision, or
59	59	property owners' association to trap and transport white-tailed
60	60	deer at any time of the year.
61	61	(h) A permit issued under this section does not entitle a
62	62	person to take, trap, or possess white-tailed deer found on any
63	63	privately owned land without the landowner's written permission,
64	64	unless the permit holder is the landowner.
65	65	SECTION 2. This Act takes effect September 1, 2009.