Bill Text: TX SB498 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the trapping and transport of surplus white-tailed deer.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB498 Detail]
Download: Texas-2011-SB498-Comm_Sub.html
Bill Title: Relating to the trapping and transport of surplus white-tailed deer.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB498 Detail]
Download: Texas-2011-SB498-Comm_Sub.html
By: Jackson | S.B. No. 498 | |
(Phillips) | ||
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relating to the trapping and transport of surplus white-tailed | ||
deer. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 43.0612, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 43.0612. TRAPPING AND TRANSPORTING SURPLUS | ||
WHITE-TAILED DEER; PERMIT REQUIRED. (a) In this section: | ||
(1) "Property[ |
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the meaning assigned by Section 202.001, Property Code. | ||
(2) "Qualified individual" means an individual who has | ||
a wildlife management plan approved by the department. | ||
(b) The department may issue to a qualified individual, a | ||
political subdivision, or a property owners' association a permit | ||
authorizing the trapping and transporting of surplus white-tailed | ||
deer found on the property owned by the qualified individual or | ||
within the boundaries of the political subdivision or the | ||
geographic area in which property subject to the property owners' | ||
association is located. | ||
(c) Not later than the 30th day before the date of the first | ||
planned trapping and transporting of white-tailed deer, a qualified | ||
individual, a political subdivision, or a property owners' | ||
association shall file with the department an application showing | ||
that an overpopulation of white-tailed deer exists on [ |
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property owned by the qualified individual or within the boundaries | ||
of the political subdivision or the geographic area in which | ||
property subject to the property owners' association is located. | ||
If the department issues a permit to a requesting qualified | ||
individual, political subdivision, or property owners' | ||
association, the permit shall contain specific instructions | ||
detailing the location to which the trapped white-tailed deer are | ||
to be transported or transplanted. | ||
(d) After receipt of an application, the department may | ||
issue to the qualified individual, political subdivision, or | ||
property owners' association a permit specifying: | ||
(1) the location to which trapped white-tailed deer | ||
must be transported; and | ||
(2) the purpose for which the trapped deer are to be | ||
used. | ||
(e) The department may deny a qualified individual, a | ||
political subdivision, or a property owners' association a permit | ||
if no suitable destination for the trapped white-tailed deer | ||
exists. | ||
(f) A qualified individual, a political subdivision, or a | ||
property owners' association trapping and transporting | ||
white-tailed deer under this section must make reasonable efforts | ||
to ensure: | ||
(1) safe and humane handling of trapped white-tailed | ||
deer; and | ||
(2) minimization of human health and safety hazards in | ||
every phase of the trapping and transporting of white-tailed deer. | ||
(g) A permit issued under this section may authorize a | ||
qualified individual, a political subdivision, or a property | ||
owners' association to trap and transport white-tailed deer only | ||
between October 1 of a year and March 31 of the following year, | ||
unless white-tailed deer found on the property owned by the | ||
qualified individual or within the boundaries of [ |
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subdivision or [ |
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to the property owners' association is located pose a threat to | ||
human health or safety, in which case the provision of Subsection | ||
(e) does not apply and a permit may authorize the qualified | ||
individual, political subdivision, or property owners' association | ||
to trap and transport white-tailed deer at any time of the year. | ||
(h) A permit issued under this section does not entitle a | ||
person to take, trap, or possess white-tailed deer found on any | ||
privately owned land without the landowner's written permission, | ||
unless the permit holder is the landowner. | ||
(i) The state is not liable for and may not incur any expense | ||
for the trapping and transporting of white-tailed deer under a | ||
permit issued under this section. | ||
(j) The commission by rule may set and the department may | ||
[ |
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trapping and transporting permit issued under this section. | ||
(k) The commission may adopt rules necessary for the | ||
implementation of this chapter, including rules which enhance the | ||
opportunity to relocate overpopulation of urban deer and relating | ||
to required notification, record-keeping, permit conditions, and | ||
the disposition of trapped white-tailed deer. The commission shall | ||
adopt rules for determining the circumstances under which a | ||
qualified individual, political subdivision, or property owners' | ||
association may obtain a permit issued under this section. | ||
SECTION 2. This Act takes effect September 1, 2011. |