Texas passes law to allow thinning of some white tail deer populations, Abbott raises concerns but doesn’t veto

Texas will allow cities, counties and property owners associations to obtain permits for professional deer control services under a new law that takes effect Sept. 1. Still, Gov. Greg Abbott expressed constitutional objections to provisions involving federal agencies.

House Bill 2842 expands the authority of the Texas Parks and Wildlife Department to issue permits for lethal deer population control beyond traditional agricultural damage cases. The legislation allows political subdivisions, universities and homeowners associations to hire professional services to kill white-tailed deer when recreational hunting proves inadequate or impractical.

Abbott allowed the bill to become law without his signature, stating the measure “has constitutional ramifications because it would allow TPWD to permit federal agencies to take state property.”

The governor cited Article IV, Section 10 of the Texas Constitution, which designates him as “the sole organ of Texas’s diplomatic relations” and requires his approval for state-federal dealings. Abbott argued that white-tailed deer constitute state property under Texas Parks and Wildlife Code Section 1.011(a).

“Because it is presumed that the Legislature intends for this legislation to comply with the Constitution, including its requirement of gubernatorial approval of sovereign-to-sovereign dealings, I am filing this bill without signature,” Abbott wrote.

The House passed the measure 106-28 on April 30, with bipartisan support and opposition. State Rep. Wesley Virdell, who represents Kerr County, voted for the bill. The Senate approved it unanimously 31-0 on May 21.

The law creates two new justifications for deer population control permits. Entities can now obtain permits when deer threaten endangered or threatened species’ habitat or when deer overpopulation occurs on property where recreational hunting is not feasible.

The legislation addresses growing conflicts between expanding deer populations and urban development across Texas.

The legislation specifically allows entities to employ professional deer control services for compensation, exempting such arrangements from existing hunting guide regulations.

Texas Parks and Wildlife Commission will adopt rules governing permit applications, reporting requirements and approved methods for deer control operations.

The expanded authority addresses persistent problems in areas like the Texas Hill Country, where residential development has created deer management challenges for municipalities and neighborhood associations.

Under previous law, the department could only issue permits for lethal deer control when the animals caused serious agricultural damage or posed public safety threats.

Abbott’s constitutional objection means federal agencies seeking deer control permits will likely need gubernatorial approval before the Parks and Wildlife Department can issue permits, potentially slowing the process for military installations, national parks and federal research facilities.

The law takes effect Sept. 1, 2025.