By: Zwiener H.B. No. 5271
A BILL TO BE ENTITLED
AN ACT
relating to the management of overpopulations of white-tailed deer
in areas where recreational hunting is not feasible.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.151, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.151. THREATS TO PUBLIC SAFETY OR DAMAGE BY
WILDLIFE; OVERPOPULATION. (a) In this subchapter "property
owners' association" has the meaning assigned by Section 202.001,
Property Code.
(b) A person who has evidence clearly showing that wildlife
protected by this code is causing serious damage to commercial
agricultural, horticultural, or aquicultural interests, or is a
threat to public safety, and who desires to kill the protected
wildlife shall give written notice of the facts to the department.
(c) A political subdivision, state agency, federal agency,
institution of higher education, or property owners' association
that desires to control the white-tailed deer population by lethal
means shall give written notice to the department if it has
evidence that (1) it is necessary to prevent damage to habitat for
federal or state listed species, or (2) there is an overpopulation
of white-tailed deer on property owned by the applicable entity
where recreational hunting for controlling deer populations is not
feasible.
SECTION 2. Section 43.1515, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.1515. RULES. The commission may adopt rules to
implement this subchapter, including rules governing:
(1) reports that must be submitted to the department
by a person who holds a permit issued by the department under this
subchapter;
(2) the reinstatement of a canceled permit and a fee
for the reinstatement;
(3) the possession of wildlife resources taken or held
under this subchapter;
(4) the circumstances required to qualify for a
permit; [and]
(5) the electronic issuance of permits; and
(6) the means, methods, time, and places of killing
protected wildlife.
SECTION 3. Section 43.152, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.152. DEPARTMENT INSPECTION. (a) On receiving
notice from a person under Section 43.151(b) [43.151], the
department may inspect the property and determine if damage or a
threat to public safety is occurring as alleged in the notice.
(b) If the notice received by the department under Section
43.151(b) [43.151] alleges damage or a threat to public safety
caused by mule deer, pronghorn antelope, or desert bighorn sheep,
the department may not issue a permit under Section 43.154 unless
the department inspects the property and determines whether serious
damage or a threat to public safety is occurring.
(c) On receiving notice from a political subdivision, state
agency, federal agency, institution of higher education, or
property owners' association under Section 43.151(c), the
department may inspect the property to:
(1) assess deer management plans for state or federal
listed species; or
(2) determine if there is an overpopulation of deer
and if recreational hunting for controlling deer populations is
not feasible.
SECTION 4. Section 43.153, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.153. APPLICATION FOR PERMIT. (a) A person or
authorized representative of a political subdivision, state
agency, federal agency, institution of higher education, or
property owners' association authorized by Section 43.151 to
provide notice to the department [who has evidence of damage by
depredation or threat to public safety] may file with the
department an application for a permit to kill the protected
wildlife.
(b) The application must be in writing, be sworn to by the
applicant, and contain:
(1) a statement of facts relating to:
(A) the damage or threat and feasibility of
recreational hunting; or
(B) need to prevent overpopulation for federal or
state listed species; and
(2) an agreement by the applicant to comply with the
provisions of this subchapter and any rules adopted by the
commission under this subchapter.
(c) [(d)] The application must be accompanied by a permit
application fee of $50 or an amount set by the commission, whichever
amount is more. Proceeds from the fee shall be deposited in the
special game, fish, and water safety account.
SECTION 5. Section 43.157, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.157. VIOLATIONS; PENALTY. (a) [(b)] No permittee
may dispose of a wildlife carcass killed under the permit or allow
the wildlife to be disposed of except as allowed under Section
43.155 of this code.
(b) [(c)] No permittee may violate a term or condition of
the permit.
(c) [(d)] Except as provided by Subsection (d) [(e)], a
person who violates this section commits an offense that is a Class
B Parks and Wildlife Code misdemeanor.
(d) [(e)] A person who violates a reporting requirement
adopted under this subchapter commits an offense that is a Class C
Parks and Wildlife Code misdemeanor.
(e) It is not a violation of Section 62.006 for a person to
employ or be employed or to compensate or be compensated to kill
wildlife under a permit issued under this subchapter.
SECTION 6. This Act takes effect September 1, 2023.