81R8167 SLB-D
By: Harris S.B. No. 1583
A BILL TO BE ENTITLED
AN ACT
relating to the trapping and transport of surplus white-tailed
deer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 43.0612(b), (c), (d), (e), (f), (g),
and (h), Parks and Wildlife Code, are amended to read as follows:
(b) The department may issue to an 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 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, an
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 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 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 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 an individual, a political
subdivision, or a property owners' association a permit if no
suitable destination for the trapped white-tailed deer exists.
(f) An individual, a [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 an
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 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 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.
SECTION 2. This Act takes effect September 1, 2009.