Texas 2025 - 89th Regular

Texas House Bill HB2842 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R15642 BEE-D
2		-	By: Zwiener, Cole, Flores, Metcalf, Vasut H.B. No. 2842
3		-	Substitute the following for H.B. No. 2842:
4		-	By: Metcalf C.S.H.B. No. 2842
	1	+	By: Zwiener H.B. No. 2842
	2	+
	3	+
5	4
6	5
7	6		A BILL TO BE ENTITLED
8	7		AN ACT
9	8		relating to the control by lethal means of white-tailed deer in
10	9		certain areas.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	11		SECTION 1. Section 43.151, Parks and Wildlife Code, is
13	12		amended to read as follows:
14	13		Sec. 43.151. THREATS TO PUBLIC SAFETY OR DAMAGE BY
15	14		WILDLIFE; NOTICE OF WHITE-TAILED DEER POPULATION CONTROL IN CERTAIN
16		-	AREAS. (a) A person who has evidence clearly showing that wildlife
17		-	protected by this code is causing serious damage to commercial
18		-	agricultural, horticultural, or aquicultural interests, or is a
19		-	threat to public safety, and who desires to kill the protected
20		-	wildlife shall give written notice of the facts to the department.
	15	+	AREAS. (a) A person who has evidence clearly showing that
	16	+	wildlife protected by this code is causing serious damage to
	17	+	commercial agricultural, horticultural, or aquicultural interests,
	18	+	or is a threat to public safety, and who desires to kill the
	19	+	protected wildlife shall give written notice of the facts to the
	20	+	department.
21	21		(b) A political subdivision, a state agency, a federal
22	22		agency, an institution of higher education, or a property owners'
23	23		association as defined by Section 202.001, Property Code, that
24	24		desires to control by lethal means a white-tailed deer population
25	25		shall submit to the department written notice of evidence
26	26		demonstrating:
27	27		(1) the use of lethal means is necessary to prevent the
28	28		deer from damaging the habitat of one or more species listed by the
29	29		United States Department of the Interior or an agency of this state
30	30		as endangered or threatened; or
31	31		(2) the entity is experiencing an overpopulation of
32	32		deer on property the entity owns or manages and recreational
33	33		hunting is not feasible for controlling the deer population.
34	34		SECTION 2. Section 43.1515, Parks and Wildlife Code, is
35	35		amended to read as follows:
36	36		Sec. 43.1515. RULES. The commission may adopt rules to
37	37		implement this subchapter, including rules governing:
38	38		(1) reports that must be submitted to the department
39	39		by a person who holds a permit issued by the department under this
40	40		subchapter;
41	41		(2) the reinstatement of a canceled permit and a fee
42	42		for the reinstatement;
43	43		(3) the possession of wildlife resources taken or held
44	44		under this subchapter;
45	45		(4) the circumstances required to qualify for a
46	46		permit; [and]
47	47		(5) the electronic issuance of permits; and
48	48		(6) the means, methods, times, and locations of
49	49		killing protected wildlife.
50	50		SECTION 3. Section 43.152, Parks and Wildlife Code, is
51	51		amended to read as follows:
52	52		Sec. 43.152. DEPARTMENT INSPECTION. (a) On receiving
53	53		notice from a person under Section 43.151(a) [43.151], the
54	54		department may inspect the property and determine if damage or a
55	55		threat to public safety is occurring as alleged in the notice.
56	56		(b) If the notice received by the department under Section
57	57		43.151(a) [43.151] alleges damage or a threat to public safety
58	58		caused by mule deer, pronghorn antelope, or desert bighorn sheep,
59	59		the department may not issue a permit under Section 43.154 unless
60	60		the department inspects the property and determines whether serious
61	61		damage or a threat to public safety is occurring.
62	62		(c) On receiving notice from an entity under Section
63	63		43.151(b), the department may inspect the habitat or property
64	64		referenced in the notice to:
65	65		(1) assess deer management plans in the habitat
66	66		relating to one or more species listed by the United States
67	67		Department of the Interior or an agency of this state as endangered
68	68		or threatened; or
69	69		(2) determine whether the entity is experiencing an
70		-	overpopulation of white-tailed deer on the property and ~~whether~~
71		-	recreational hunting for controlling the deer population is
	70	+	overpopulation of white-tailed deer on the entity's property and
	71	+	whether recreational hunting for controlling the deer population is
72	72		feasible.
73	73		SECTION 4. Sections 43.153(a) and (b), Parks and Wildlife
74	74		Code, are amended to read as follows:
75	75		(a) A person described by Section 43.151(a) or an authorized
76	76		representative of an entity described by Section 43.151(b) [who has
77	77		evidence of damage by depredation or threat to public safety] may
78	78		file with the department an application for a permit to kill the
79	79		protected wildlife.
80	80		(b) The application must be in writing, be sworn to by the
81	81		applicant, and contain:
82	82		(1) a statement of facts relating to, as applicable:
83	83		(A) the damage or threat;
84	84		(B) the feasibility of recreational hunting; or
85	85		(C) the need to control overpopulation to prevent
86	86		damage to the habitat of one or more species listed by the United
87	87		States Department of the Interior or an agency of this state as
88	88		endangered or threatened; and
89	89		(2) an agreement by the applicant to comply with the
90	90		provisions of this subchapter and any rules adopted by the
91	91		commission under this subchapter.
92	92		SECTION 5. Section 62.006, Parks and Wildlife Code, is
93	93		amended by adding Subsection (c) to read as follows:
94	94		(c) This section does not apply to:
95	95		(1) an entity described by Section 43.151(b) that
96	96		employs a person for compensation or promise of compensation to
97	97		control by lethal means white-tailed deer as authorized under a
98	98		permit issued under Subchapter H, Chapter 43; or
99	99		(2) a person employed as described by Subdivision (1).
100	100		SECTION 6. This Act takes effect September 1, 2025.