AI-assisted research summary: The department may inspect property or habitat after receiving the required notice, and it may not issue a permit in one situation unless it first inspects and makes the required determination.
Sec. 43.152. DEPARTMENT INSPECTION. (a) On receiving notice from a person under Section 43.151(a), the 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) alleges damage or a threat to public safety 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: (1) assess deer management plans in the habitat relating to 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) determine whether the entity is experiencing an overpopulation of white-tailed deer on the property and whether recreational hunting for controlling the deer population is feasible. 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. 39, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 251 (H.B. 1965), Sec. 3, eff. May 29, 2009. Acts 2025, 89th Leg., R.S., Ch. 1165 (H.B. 2842), Sec. 3, eff. September 1, 2025.