Texas 2011 - 82nd Regular

Texas House Bill HB1025 Compare Versions

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Old	New	Differences
1	1	82R17896 SLB-D
2	2	By: Phillips H.B. No. 1025
3	3	Substitute the following for H.B. No. 1025:
4	4	By: Kuempel C.S.H.B. No. 1025
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the trapping and transport of surplus white-tailed
10	10	deer.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 43.0612, Parks and Wildlife Code, is
13	13	amended to read as follows:
14	14	Sec. 43.0612. TRAPPING AND TRANSPORTING SURPLUS
15	15	WHITE-TAILED DEER; PERMIT REQUIRED. (a) In this section:
16	16	(1) "Property[, "property] owners' association" has
17	17	the meaning assigned by Section 202.001, Property Code.
18	18	(2) "Qualified individual" means an individual who has
19	19	a wildlife management plan approved by the department.
20	20	(b) The department may issue to a qualified individual, a
21	21	political subdivision, or a property owners' association a permit
22	22	authorizing the trapping and transporting of surplus white-tailed
23	23	deer found on the property owned by the qualified individual or
24	24	within the boundaries of the political subdivision or the
25	25	geographic area in which property subject to the property owners'
26	26	association is located.
27	27	(c) Not later than the 30th day before the date of the first
28	28	planned trapping and transporting of white-tailed deer, a qualified
29	29	individual, a political subdivision, or a property owners'
30	30	association shall file with the department an application showing
31	31	that an overpopulation of white-tailed deer exists on [within] the
32	32	property owned by the qualified individual or within the boundaries
33	33	of the political subdivision or the geographic area in which
34	34	property subject to the property owners' association is located.
35	35	If the department issues a permit to a requesting qualified
36	36	individual, political subdivision, or property owners'
37	37	association, the permit shall contain specific instructions
38	38	detailing the location to which the trapped white-tailed deer are
39	39	to be transported or transplanted.
40	40	(d) After receipt of an application, the department may
41	41	issue to the qualified individual, political subdivision, or
42	42	property owners' association a permit specifying:
43	43	(1) the location to which trapped white-tailed deer
44	44	must be transported; and
45	45	(2) the purpose for which the trapped deer are to be
46	46	used.
47	47	(e) The department may deny a qualified individual, a
48	48	political subdivision, or a property owners' association a permit
49	49	if no suitable destination for the trapped white-tailed deer
50	50	exists.
51	51	(f) A qualified individual, a political subdivision, or a
52	52	property owners' association trapping and transporting
53	53	white-tailed deer under this section must make reasonable efforts
54	54	to ensure:
55	55	(1) safe and humane handling of trapped white-tailed
56	56	deer; and
57	57	(2) minimization of human health and safety hazards in
58	58	every phase of the trapping and transporting of white-tailed deer.
59	59	(g) A permit issued under this section may authorize a
60	60	qualified individual, a political subdivision, or a property
61	61	owners' association to trap and transport white-tailed deer only
62	62	between October 1 of a year and March 31 of the following year,
63	63	unless white-tailed deer found on the property owned by the
64	64	qualified individual or within the boundaries of [in] the political
65	65	subdivision or [in] the geographic area in which property subject
66	66	to the property owners' association is located pose a threat to
67	67	human health or safety, in which case the provision of Subsection
68	68	(e) does not apply and a permit may authorize the qualified
69	69	individual, political subdivision, or property owners' association
70	70	to trap and transport white-tailed deer at any time of the year.
71	71	(h) A permit issued under this section does not entitle a
72	72	person to take, trap, or possess white-tailed deer found on any
73	73	privately owned land without the landowner's written permission,
74	74	unless the permit holder is the landowner.
75	75	(i) The state is not liable for and may not incur any expense
76	76	for the trapping and transporting of white-tailed deer under a
77	77	permit issued under this section.
78	78	(j) The commission by rule may set and the department may
79	79	[not] charge a fee not to exceed $300 for a white-tailed deer
80	80	trapping and transporting permit issued under this section, except
81	81	that the department may not charge a fee for a permit issued to a
82	82	political subdivision or property owners' association if the deer
83	83	pose a threat to human health or safety.
84	84	(k) The commission may adopt rules necessary for the
85	85	implementation of this chapter, including rules which enhance the
86	86	opportunity to relocate overpopulation of urban deer and relating
87	87	to required notification, record-keeping, permit conditions, and
88	88	the disposition of trapped white-tailed deer. The commission shall
89	89	adopt rules for determining the circumstances under which a
90	90	qualified individual, political subdivision, or property owners'
91	91	association may obtain a permit issued under this section.
92	92	SECTION 2. This Act takes effect September 1, 2011.