1. (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.

2. (b) A political subdivision, a state agency, a federal agency, an institution of higher education, or a property owners' association as defined by Section 202.001, Property Code, that desires to control by lethal means a white-tailed deer population shall submit to the department written notice of evidence demonstrating:

   1. (1) the use of lethal means is necessary to prevent the deer from damaging the habitat of one or more species listed by the United States Department of the Interior or an agency of this state as endangered or threatened; or
   2. (2) the entity is experiencing an overpopulation of deer on property the entity owns or manages and recreational hunting is not feasible for controlling the deer population.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Amended by Acts 1987, 70th Leg., ch. 610, Sec. 1, eff. Sept. 1, 1987;

Acts 2001, 77th Leg., ch. 968, Sec. 38, eff. Sept. 1, 2001.

Acts 2009, 81st Leg., R.S., Ch. 251 (H.B. 1965), Sec. 1, eff. May 29, 2009.

Acts 2025, 89th Leg., R.S., Ch. 1165 (H.B. 2842), Sec. 1, eff. September 1, 2025.