Bill Text: TX HB5271 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the control of white-tailed deer in certain areas by lethal means.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-24 - Removed from local & uncontested calendar [HB5271 Detail]
Download: Texas-2023-HB5271-Comm_Sub.html
By: Zwiener (Senate Sponsor - Springer) | H.B. No. 5271 | |
(In the Senate - Received from the House May 3, 2023; | ||
May 5, 2023, read first time and referred to Committee on Water, | ||
Agriculture & Rural Affairs; May 21, 2023, reported adversely, | ||
with favorable Committee Substitute by the following vote: Yeas 9, | ||
Nays 0; May 21, 2023, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 5271 | By: Schwertner |
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relating to the control of white-tailed deer in certain areas by | ||
lethal means. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter H, Chapter 43, Parks and Wildlife | ||
Code, is amended by adding Section 43.1501 to read as follows: | ||
Sec. 43.1501. DEFINITION. In this subchapter, "property | ||
owners' association" has the meaning assigned by Section 202.001, | ||
Property Code. | ||
SECTION 2. Section 43.151, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 43.151. THREATS TO PUBLIC SAFETY OR DAMAGE BY | ||
WILDLIFE; CONTROL OF WHITE-TAILED DEER POPULATION 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, state agency, federal agency, | ||
institution of higher education, or property owners' association | ||
shall give written notice to the department if the entity desires to | ||
control a white-tailed deer population by lethal means based on | ||
evidence demonstrating that the entity is experiencing an | ||
overpopulation of deer on property the entity owns and recreational | ||
hunting is not feasible for controlling the deer population. | ||
SECTION 3. 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; [ |
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(5) the electronic issuance of permits; and | ||
(6) the means, methods, time, and locations of killing | ||
protected wildlife. | ||
SECTION 4. 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) [ |
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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) [ |
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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 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 5. 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) [ |
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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; and | ||
(B) the feasibility of recreational hunting to | ||
control overpopulation of white-tailed deer; 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 6. 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 white-tailed deer through lethal means under a permit | ||
issued under Subchapter H, Chapter 43; or | ||
(2) a person employed as described by Subdivision (1). | ||
SECTION 7. This Act takes effect September 1, 2023. | ||
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