Depredation Permit Rules - Recommended Adoption of Proposed Changes

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Commission Agenda Item No. 8
Presenter: Alan Cain

Action
Depredation Permit Rules
Recommended Adoption of Proposed Changes
August 20, 2026

I.      Executive Summary: Staff seeks adoption of proposed amendments to rules governing the take of protected wildlife under depredation permits.

II.     Discussion: Under Texas Parks and Wildlife Code chapter 43, subchapter H, Texas Parks and Wildlife Department (TPWD) may issue depredation permits authorizing the take of protected wildlife that cause damage to commercial agricultural interests or threaten public safety. The proposed amendments would allow TPWD to authorize additional methods of take under a depredation permit in areas where use of centerfire firearms is unsafe or restricted by local ordinances. They would also eliminate language that is redundant or duplicative of statutory provisions and reword administrative provisions for simplicity.

At the Commission Work Session meeting on May 27, 2026, staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the July 17, 2026, issue of the Texas Register (51 TexReg 4684). A summary of public comment on the proposed rules will be presented at the time of the meeting.

III.   Recommendation: Staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission repeals Title 31 of the Texas Administrative Code, sections 65.224 and 65.226; adopts amendments to sections 65.221 and 65.227; and adopts new sections 65.224 and 65.226, as listed in Exhibit A, with changes as necessary to the proposed text as published in the July 17, 2026, issue of the Texas Register (51 TexReg 4684).”

Attachment — 1

Exhibit A – Permits to Take Depredating Wildlife

Commission Agenda Item No. 8
Exhibit A

PERMITS TO TAKE DEPREDATING WILDLIFE

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department proposes the repeal of 31 TAC §65.224 and §65.226, amendments to 31 TAC §65.221 and §65.227, and new §65.224 and §65.226, concerning Depredation Permits. The proposed rules eliminate language that is redundant or duplicative of statutory provisions, reword administrative provisions for simplicity, and provide for the department to prescribe additional methods of take of wildlife under a permit issued under the subchapter. Under current rule, the means of take under a depredation permit for terrestrial wildlife other than alligators is limited to centerfire firearms, rimfire firearms, and shotguns.

The passage of H.B. 2842 by the most recent regular session of the Texas Legislature altered the Parks and Wildlife Code to provide a pathway for political subdivisions, state and federal agencies, public institutions of higher education, and property owners’ associations to address public safety and habitat impacts caused by wildlife overpopulations in areas where traditional hunting activities are inadequate for that purpose. Proposed new §65.226, regarding Means and Methods, would simply replace the current species-by-species enumeration of restrictions with a general mechanism for the department to prescribe or allow modalities for lethal take (such as air rifles and archery equipment) as appropriate or necessary.

The remaining components of the proposed rules eliminate language that is either redundant or already in statute and therefore unnecessary, or reword provisions to improve readability.

2. Fiscal Note.

Kory Gann, Big Game Program Leader, Wildlife Division, has determined that for each of the first five years that the rules as proposed are in effect, there will be no direct fiscal implications to state or local governments as a result of administering or enforcing the rules.

3. Public Benefit/Cost Note.

Mr. Gann also has determined that for each of the first five years the proposed repeal rules as proposed are in effect:

(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be additional mechanisms for protection of public safety via supervised control of wildlife population management.

There will be no adverse economic effect on persons required to comply with the rules as proposed.

(B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule’s direct adverse economic impacts to determine if any further analysis is required. The department considers “direct economic impact “to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

The department has determined that the proposed rules do not affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

(E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will:

(1) neither create nor eliminate a government program;

(2) not result in an increase or decrease in the number of full-time equivalent employee needs;

(3) not result in a need for additional General Revenue funding;

(4) not affect the amount of any fee;

(5) not create a new regulation per se;

(6) not limit, expand, or repeal an existing regulation;

(7) neither increase nor decrease the number of individuals subject to regulation; and

(8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

Comments on the proposed rules may be submitted to Kory Gann (512) 389-4363, email: kory.gann@tpwd.texas.gov. Comments also may be submitted via the department’s website at https://www.tpwd.texas.gov/business/feedback/public_comment/.

5. Statutory Authority.

The amendments and new rules are proposed under the authority of Parks and Wildlife Code, Chapter 43, Subchapter H, authorizes the department to adopt rules to implement that chapter.

The proposed new rules affect Parks and Wildlife Code, Chapter 43.

6. Rule Text.

§65.221. General Provisions.

(a) – (b) (No change.)

[(c) A depredation permit may be issued at any time upon a finding by the department that protected wildlife presents a threat to public safety.]

(c)[(d)] Lawful hunting activities may take place on a property for which a depredation permit has been issued.

(d)[(e)] The department will not issue a permit under this subchapter to control fur-bearing animals. Nuisance fur-bearing animals are addressed by Subchapter Q of this chapter (relating to Statewide Fur-bearing Animal Proclamation).

(e)[(f)] Nothing in this subchapter shall be construed to relieve any person of any other applicable requirements of federal, state, or local law, including laws prescribing hunting license and hunter education requirements.

[(g) Notwithstanding other provisions of this subchapter, the department will not issue a permit under this subchapter for the killing of mule deer, pronghorn antelope, or desert bighorn sheep, except as provided in Parks and Wildlife Code, §43.152(b) and §43.154(a-1).]

(f)[(h)] The department may at any time require an applicant for a depredation permit or a person to whom a depredation permit has been issued to furnish evidence clearly showing serious damage as defined in §65.220(4)(B) and (C) of this title (relating to Definitions).

§65.224. Period of Validity.

(a) The department shall specify the period of validity for a depredation permit.

(b) Regardless of the period of validity specified by the department, a depredation permit issued for agricultural damage is not valid:

(1) unless the crop, or product, for which the permit is issued has been planted and is growing on the property for which the permit is issued; or

(2) after the crop for which the permit is issued has been harvested on the property for which the permit is issued.

§65.226. Means and Methods. The means and methods for take of wildlife under a permit issued under this subchapter shall be prescribed by the department.

§65.227. Documentation, Reporting, and Recordkeeping.

(a) (No change.)

(b) A person conducting activities under a depredation permit shall maintain an accurate daily log of all activities conducted under a depredation permit. The daily log shall be made available at the request of any department employee acting within the scope of official duties, and shall indicate, at a minimum:

(1) – (2) (No change.)

(3) if the animal is a deer, whether the deer was antlered or antlerless[, and if the deer was antlered, the number of antler points on each main beam];

(4) – (5) (No change.)

(c) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on

The repeals are proposed under the authority of Parks and Wildlife Code, Chapter 43, Subchapter H, authorizes the department to adopt rules to implement that chapter.

The proposed repeals affect Parks and Wildlife Code, Chapter 43.

§65.224. Period of Validity.

§65.226. Means and Methods.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on