Texas 2023 - 88th Regular

Texas House Bill HB5271 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Zwiener (Senate Sponsor - Springer) H.B. No. 5271
2	2	(In the Senate - Received from the House May 3, 2023;
3	3	May 5, 2023, read first time and referred to Committee on Water,
4	4	Agriculture & Rural Affairs; May 21, 2023, reported adversely,
5	5	with favorable Committee Substitute by the following vote: Yeas 9,
6	6	Nays 0; May 21, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR H.B. No. 5271 By: Schwertner
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the control of white-tailed deer in certain areas by
14	14	lethal means.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subchapter H, Chapter 43, Parks and Wildlife
17	17	Code, is amended by adding Section 43.1501 to read as follows:
18	18	Sec. 43.1501. DEFINITION. In this subchapter, "property
19	19	owners' association" has the meaning assigned by Section 202.001,
20	20	Property Code.
21	21	SECTION 2. Section 43.151, Parks and Wildlife Code, is
22	22	amended to read as follows:
23	23	Sec. 43.151. THREATS TO PUBLIC SAFETY OR DAMAGE BY
24	24	WILDLIFE; CONTROL OF WHITE-TAILED DEER POPULATION IN CERTAIN AREAS.
25	25	(a) A person who has evidence clearly showing that wildlife
26	26	protected by this code is causing serious damage to commercial
27	27	agricultural, horticultural, or aquicultural interests, or is a
28	28	threat to public safety, and who desires to kill the protected
29	29	wildlife shall give written notice of the facts to the department.
30	30	(b) A political subdivision, state agency, federal agency,
31	31	institution of higher education, or property owners' association
32	32	shall give written notice to the department if the entity desires to
33	33	control a white-tailed deer population by lethal means based on
34	34	evidence demonstrating that the entity is experiencing an
35	35	overpopulation of deer on property the entity owns and recreational
36	36	hunting is not feasible for controlling the deer population.
37	37	SECTION 3. Section 43.1515, Parks and Wildlife Code, is
38	38	amended to read as follows:
39	39	Sec. 43.1515. RULES. The commission may adopt rules to
40	40	implement this subchapter, including rules governing:
41	41	(1) reports that must be submitted to the department
42	42	by a person who holds a permit issued by the department under this
43	43	subchapter;
44	44	(2) the reinstatement of a canceled permit and a fee
45	45	for the reinstatement;
46	46	(3) the possession of wildlife resources taken or held
47	47	under this subchapter;
48	48	(4) the circumstances required to qualify for a
49	49	permit; [and]
50	50	(5) the electronic issuance of permits; and
51	51	(6) the means, methods, time, and locations of killing
52	52	protected wildlife.
53	53	SECTION 4. Section 43.152, Parks and Wildlife Code, is
54	54	amended to read as follows:
55	55	Sec. 43.152. DEPARTMENT INSPECTION. (a) On receiving
56	56	notice from a person under Section 43.151(a) [43.151], the
57	57	department may inspect the property and determine if damage or a
58	58	threat to public safety is occurring as alleged in the notice.
59	59	(b) If the notice received by the department under Section
60	60	43.151(a) [43.151] alleges damage or a threat to public safety
61	61	caused by mule deer, pronghorn antelope, or desert bighorn sheep,
62	62	the department may not issue a permit under Section 43.154 unless
63	63	the department inspects the property and determines whether serious
64	64	damage or a threat to public safety is occurring.
65	65	(c) On receiving notice from an entity under Section
66	66	43.151(b), the department may inspect the habitat or property
67	67	referenced in the notice to determine whether the entity is
68	68	experiencing an overpopulation of white-tailed deer on the entity's
69	69	property and whether recreational hunting for controlling the deer
70	70	population is feasible.
71	71	SECTION 5. Sections 43.153(a) and (b), Parks and Wildlife
72	72	Code, are amended to read as follows:
73	73	(a) A person described by Section 43.151(a) or an authorized
74	74	representative of an entity described by Section 43.151(b) [who has
75	75	evidence of damage by depredation or threat to public safety] may
76	76	file with the department an application for a permit to kill the
77	77	protected wildlife.
78	78	(b) The application must be in writing, be sworn to by the
79	79	applicant, and contain:
80	80	(1) a statement of facts relating to, as applicable:
81	81	(A) the damage or threat; and
82	82	(B) the feasibility of recreational hunting to
83	83	control overpopulation of white-tailed deer; and
84	84	(2) an agreement by the applicant to comply with the
85	85	provisions of this subchapter and any rules adopted by the
86	86	commission under this subchapter.
87	87	SECTION 6. Section 62.006, Parks and Wildlife Code, is
88	88	amended by adding Subsection (c) to read as follows:
89	89	(c) This section does not apply to:
90	90	(1) an entity described by Section 43.151(b) that
91	91	employs a person for compensation or promise of compensation to
92	92	control white-tailed deer through lethal means under a permit
93	93	issued under Subchapter H, Chapter 43; or
94	94	(2) a person employed as described by Subdivision (1).
95	95	SECTION 7. This Act takes effect September 1, 2023.
96	96	* * * * *