By: Zwiener H.B. No. 2842
A BILL TO BE ENTITLED
AN ACT
relating to the control by lethal means of white-tailed deer in
certain areas.
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; NOTICE OF WHITE-TAILED DEER POPULATION CONTROL IN CERTAIN
AREAS. (a) 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.
(b) A political subdivision, a state agency, a federal
agency, an institution of higher education, or a property owners'
association as defined by Section 202.001, Property Code, that
desires to control by lethal means a white-tailed deer population
shall submit to the department written notice of evidence
demonstrating:
(1) the use of lethal means is necessary to prevent the
deer from damaging the habitat of one or more species listed by the
United States Department of the Interior or an agency of this state
as endangered or threatened; or
(2) the entity is experiencing an overpopulation of
deer on property the entity owns or manages and recreational
hunting is not feasible for controlling the deer population.
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, times, and locations 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(a) [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(a) [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 an entity under Section
43.151(b), the department may inspect the habitat or property
referenced in the notice to:
(1) assess deer management plans in the habitat
relating to one or more species listed by the United States
Department of the Interior or an agency of this state as endangered
or threatened; or
(2) determine whether the entity is experiencing an
overpopulation of white-tailed deer on the entity's property and
whether recreational hunting for controlling the deer population is
feasible.
SECTION 4. Sections 43.153(a) and (b), Parks and Wildlife
Code, are amended to read as follows:
(a) A person described by Section 43.151(a) or an authorized
representative of an entity described by Section 43.151(b) [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, as applicable:
(A) the damage or threat;
(B) the feasibility of recreational hunting; or
(C) the need to control overpopulation to prevent
damage to the habitat of one or more species listed by the United
States Department of the Interior or an agency of this state as
endangered or threatened; 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.
SECTION 5. Section 62.006, Parks and Wildlife Code, is
amended by adding Subsection (c) to read as follows:
(c) This section does not apply to:
(1) an entity described by Section 43.151(b) that
employs a person for compensation or promise of compensation to
control by lethal means white-tailed deer as authorized under a
permit issued under Subchapter H, Chapter 43; or
(2) a person employed as described by Subdivision (1).
SECTION 6. This Act takes effect September 1, 2025.