Bill Text: TX HB5271 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
By: Zwiener | H.B. No. 5271 |
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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; [ |
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(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) [ |
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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(b) [ |
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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 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 [ |
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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) [ |
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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) [ |
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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) [ |
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the permit. | ||
(c) [ |
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person who violates this section commits an offense that is a Class | ||
B Parks and Wildlife Code misdemeanor. | ||
(d) [ |
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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. |