Tex. Parks & Wild. Code Section 43.0612
Trapping and Transporting Surplus White-tailed Deer; Permit Required

(a)

In this section:

(1)

“Property owners’ association” has the meaning assigned by Section 202.001 (Definitions), 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 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. 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 the political subdivision or the geographic area in which property subject 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 department may not charge a fee for a white-tailed deer 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.
Added by Acts 2003, 78th Leg., ch. 1241, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1220 (S.B. 498), Sec. 1, eff. September 1, 2011.

Source: Section 43.0612 — Trapping and Transporting Surplus White-tailed Deer; Permit Required, https://statutes.­capitol.­texas.­gov/Docs/PW/htm/PW.­43.­htm#43.­0612 (accessed Apr. 13, 2024).

43.021
Protected Wildlife 43.022
Permit Requirement 43.024
Disposition of Protected Wildlife 43.028
Civil Suit 43.030
Penalty 43.041
Definitions 43.042
License Required 43.043
Issuance of License 43.044
License Fees 43.045
Duration of License 43.055
Penalty 43.061
Trapping, Transporting, and Transplanting Game Animals and Game Birds 43.062
Penalty 43.071
Definitions 43.072
Application for License 43.073
Area Limitations and Markings 43.074
Taking of Pen-reared Birds Authorized 43.075
Game Birds in Captivity 43.076
License Form 43.077
Penalty 43.078
Hunting License Required 43.101
Applicability of Subchapter 43.102
Permit Authorized 43.103
Definitions 43.104
Grounds to Issue Permit 43.105
Application for Permit 43.106
Form and Period of Validity of Permit 43.107
Reports Required 43.108
Reports by Department 43.109
Regulations 43.110
Permit Fee 43.111
Penalty 43.151
Threats to Public Safety or Damage by Wildlife 43.152
Department Inspection 43.153
Application for Permit 43.154
Permit 43.155
Disposition of Wildlife 43.156
Cancellation of Permit 43.157
Violations 43.158
Landowner Permit Exemption 43.201
Archery Stamp Required 43.202
Fee 43.203
Hunting License Required 43.204
Stamp Sale Receipts 43.205
Penalty 43.351
Definitions 43.352
Permit Authorized 43.353
Permit Is Defense 43.356
Serial Number 43.357
Permit Privileges 43.358
Inspection 43.359
Records and Reports 43.360
Enclosure Size 43.361
Release Sites 43.362
Transfer, Purchase, or Sale of Live Breeder Deer 43.363
Transfer During Open Season 43.364
Use of Breeder Deer 43.365
Prohibited Acts 43.366
Application of Other Laws 43.367
Penalty 43.369
Deer Breeder Database 43.401
Definition 43.402
Saltwater Sportfishing Stamp Required 43.403
Design and Issuance of Stamp 43.404
Fishing License Required 43.405
Collection Fees 43.406
Refusal to Show Stamp 43.407
Penalty 43.0431
Application for License 43.0432
Wildlife Management Association Area Hunting Lease Licenses 43.521
Conservation Permit Required 43.522
Issuance and Expiration of Conservation Permit 43.523
Other Permits Required 43.524
Disposition of Conservation Permit Fees 43.525
Failure or Refusal to Show Conservation Permit 43.551
Permit for the Taking of Brood Stock by Commercial Aquaculture Facilities 43.552
Commission Rules 43.553
Quantity that May Be Taken 43.554
Fees 43.555
Penalties 43.601
Permit for Deer Management 43.602
Management Plan 43.603
Conditions 43.604
Inspection 43.605
Records 43.606
Application of General Laws 43.607
Penalty 43.0611
Urban White-tailed Deer Removal 43.0612
Trapping and Transporting Surplus White-tailed Deer 43.621
Permit for Deer Management 43.622
Management Plan 43.623
Conditions 43.624
Inspection 43.625
Records 43.626
Application of General Laws 43.627
Penalty 43.651
Definitions 43.652
Migratory or Upland Game Bird Stamp Required 43.653
Hunting License Required 43.654
Design and Issuance of Stamps 43.655
Disposition of Migratory Game Bird Stamp Net Proceeds 43.656
Uses of Net Proceeds from Migratory Game Bird Stamp 43.657
Disposition of Upland Game Bird Stamp Net Proceeds 43.658
Uses of Net Proceeds from Upland Game Bird Stamp 43.659
Contracts, Donations, and Grants 43.660
Refusal to Show Stamp or Proof of Exemption Eligibility 43.661
Reciprocal Agreements Relating to Migratory Game Birds 43.665
Penalty 43.0721
License Required 43.0722
Issuance of License 43.0762
Regulations 43.0763
Application for Field Trial Permit 43.0764
Field Trial Permit 43.801
Definition 43.802
Freshwater Fishing Stamp Required 43.803
Fishing License Required 43.804
Design and Issuance of Stamps 43.805
Disposition of Stamp Fees 43.806
Expiration of Stamp 43.807
Refusal to Show Stamp 43.808
Penalty 43.851
Permit 43.852
Inspection of Permit and Records 43.853
Release from Captivity 43.854
Seizure of Contraband 43.855
Rules 43.856
Offense 43.901
Reptile and Amphibian Stamp Required 43.902
Fee 43.903
Hunting License Required 43.904
Stamp Sale Receipts 43.905
Exemptions 43.906
Penalty 43.951
Applicability 43.952
Definitions 43.953
Destruction of Deer 43.954
Notice of Deer Destruction 43.955
Cost of Assessment and Destruction of Deer 43.975
Definition 43.976
Program Participation Fee 43.977
Rules 43.1075
Using Helicopters to Take Certain Animals 43.1076
Using Hot Air Balloons to Take Certain Animals 43.1095
Prohibited Acts 43.1515
Rules 43.1565
Reinstatement of Permit 43.3561
Identification of Breeder Deer 43.3591
Genetic Testing 43.4035
Expiration of Stamp
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

§ 43.0612’s source at texas​.gov