reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 47 - Commercial Fishing Licenses › Subchapter D. Finfish License Management › Section 47.079. License Transfer

Sec. 47.079.  LICENSE TRANSFER.  (a)  The commission by rule may set a fee for the transfer of a license.  The amount of the transfer fee may not exceed the amount of the license fee.
(b)  The commission shall send all license transfer fees to the comptroller for deposit to the credit of the game, fish, and water safety account subject to Section 47.081(d).
(c)  The commission by proclamation shall allow a license to be transferred at any time.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 47 - Commercial Fishing Licenses › Subchapter D. Finfish License Management › Section 47.080. License Suspension and Revocation

Sec. 47.080.  LICENSE SUSPENSION AND REVOCATION.  (a)  The executive director, after notice to a license holder and the opportunity for a hearing, may suspend a commercial finfish fisherman's license if:
(1)  the license holder or any other authorized operator of the licensed vessel is convicted of one or more flagrant offenses totaling three flagrant offenses involving the licensed vessel;  or
(2)  the license holder is convicted of theft of fishing gear or product associated with this subchapter.
(b)  A suspension under this section may be for:
(1)  six months, if:
(A)  each of the three flagrant offenses occurred within a 24-consecutive-month period beginning not earlier than September 1, 2000;  and
(B)  the license holder has not previously had a license suspended under this section;
(2)  12 months, if each of the three flagrant offenses occurred within a 24-consecutive-month period and the license holder has previously had a license suspended under this section;  or
(3)  six months, if the license holder is convicted of theft of fishing gear or product associated with this subchapter.
(c)  The executive director, after notice and the opportunity for a hearing, may permanently revoke a license issued under this subchapter if:
(1)  the license holder has previously had a license suspended twice under this section, and the license holder or any other authorized operator of the licensed vessel is convicted of three flagrant offenses involving the licensed vessel in a 24-consecutive-month period;  or
(2)  the license holder is convicted of theft of fishing gear or product associated with this subchapter, and the license holder has had a license suspended previously under this section.
(d)  The same flagrant offense may not be counted for more than one suspension under this section.
(e)  For purposes of this section, a flagrant offense includes:
(1)  theft of trotlines or finfish, or any other fishing gear or product associated with this subchapter;
(2)  exceeding daily bag and possession limits in violation of this code or of a proclamation of the commission issued under this code;
(3)  exceeding trotline length limits by a length greater than 10 percent in violation of this code or of a proclamation of the commission issued under this code;
(4)  selling crabs in violation of this code;
(5)  exceeding the number of trotlines the holder of a commercial finfish fisherman's license may use in violation of this code or of a proclamation of the commission issued under this code;  or
(6)  taking, attempting to take, or possessing fish caught in public waters of this state by any device, means, or method other than as authorized under this code or by a proclamation of the commission issued under this code.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 47 - Commercial Fishing Licenses › Subchapter D. Finfish License Management › Section 47.081. License Buyback

Sec. 47.081.  LICENSE BUYBACK.  (a)  The department may implement a license buyback program for licenses issued under this subchapter as part of the finfish license management program established by this subchapter.
(b)  The commission by rule may establish criteria, using reasonable classifications, by which the department selects licenses to be purchased.  The commission may delegate to the executive director, for purposes of this section only, the authority to develop the criteria through rulemaking procedures, but the commission by order must finally adopt the rules establishing the criteria.  The commission or executive director must consult with the finfish license management review board concerning establishment of the criteria.
(c)  The commission must retire each license purchased under the license buyback program until the commission finds that management of the finfish fishery allows reissue of those licenses through auction or lottery.
(d)  The department shall set aside at least 20 percent of the fees from licenses issued and license transfers approved under this subchapter.  That money shall be sent to the comptroller for deposit to the credit of the commercial license buyback subaccount in the game, fish, and water safety account.
(e)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 1034 (H.B. 1724), Sec. 5(1), eff. September 1, 2017.
(f)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 1034 (H.B. 1724), Sec. 5(1), eff. September 1, 2017.
(g)  The commission shall consider the social and economic viability of the finfish industry and input from the finfish license management review board regarding the reissue of finfish licenses through auction or lottery.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1034 (H.B. 1724), Sec. 3, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1034 (H.B. 1724), Sec. 5(1), eff. September 1, 2017.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 47 - Commercial Fishing Licenses › Subchapter D. Finfish License Management › Section 47.082. Line Limits

Sec. 47.082.  LINE LIMITS.  (a)  Not later than September 1, 2000, the commission by proclamation issued under this code shall authorize the holder of a commercial finfish fisherman's license to use up to 20 trotlines not more than 600 feet long, or another number and length of line authorized by commission proclamation, to take or attempt to take finfish.
(b)  No holder of a commercial finfish fisherman's license may possess on board more than the number of lines prescribed by this code or by commission proclamation issued under this code.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 47 - Commercial Fishing Licenses › Subchapter D. Finfish License Management › Section 47.083. Crab Traps

Sec. 47.083.  CRAB TRAPS.  (a)  Not later than September 1, 2000, the commission by proclamation issued under this code shall authorize the holder of a commercial finfish fisherman's license to use up to 20 crab traps, or a number of traps authorized by commission proclamation, for use in commercial fishing for bait purposes only.
(b)  This section does not authorize the taking of any product for pay or for the purpose of sale, barter, or exchange.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 47 - Commercial Fishing Licenses › Subchapter D. Finfish License Management › Section 47.084. Program Administration; Rules

Sec. 47.084.  PROGRAM ADMINISTRATION;  RULES.  (a)  The executive director shall establish administrative procedures to carry out the requirements of this subchapter.
(b)  The commission shall adopt any rules necessary for the administration of the program established under this subchapter.
(c)  The commission shall prescribe all gear marking requirements for trotlines and crab traps under this subchapter in accordance with Chapter 66.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 47 - Commercial Fishing Licenses › Subchapter D. Finfish License Management › Section 47.085. Disposition of Funds

Sec. 47.085.  DISPOSITION OF FUNDS.  Money received for a license issued under this subchapter and fines for violations of this subchapter shall be remitted to the department by the 10th day of the month following the date of collection.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 47 - Commercial Fishing Licenses › Subchapter D. Finfish License Management › Section 47.086. Proclamation; Procedures

Sec. 47.086.  PROCLAMATION;  PROCEDURES.  Subchapter D, Chapter 61, and Sections 61.054 and 61.055 apply to the adoption of proclamations under this subchapter.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 49 - Falconry Permit › Section 49.001. Definitions

Sec. 49.001.  DEFINITIONS.  In this chapter:
(1)  "Resident" means an individual who has resided continuously in this state for more than six months immediately before applying for a falconry permit.
(2)  "Nonresident" means an individual who is not a resident.
(3)  "Falconry" means the practice of trapping, possessing, training, or flying a raptor for hunting purposes and includes the act of hunting by the use of a trained raptor.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1991, 72nd Leg., ch. 301, Sec. 4, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1256, Sec. 65, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 49 - Falconry Permit › Section 49.002. Prohibited Acts

Sec. 49.002.  PROHIBITED ACTS.  (a)  Except as provided in Subsection (b), no person may take, capture, or possess, or attempt to take or capture, any native raptors unless the person has obtained a permit issued by the department.
(b)  A nonresident may temporarily possess in this state or transport through this state any raptor if the person is authorized by state and federal permits to possess the raptor in the person's state of residence or has been issued a permit under Chapter 43.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 66, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 49 - Falconry Permit › Section 49.003. Reciprocity

Sec. 49.003.  RECIPROCITY.  A person in possession of a raptor under a license issued by another state who intends to establish residency in this state must apply to the department for a falconry permit not later than the 10th day after the date the person first moves a raptor into this state.  A signed and notarized affidavit stating the person's intent to establish residency in this state must accompany the application.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 116, ch. 57, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 1335, ch. 277, Sec. 36, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 51, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1256, Sec. 67, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 49 - Falconry Permit › Section 49.010. Hunting

Sec. 49.010.  HUNTING.  (a)  A resident possessing a falconry permit and a hunting license may hunt by means of falconry.
(b)  A nonresident may hunt by means of falconry if the nonresident possesses on the nonresident's person:
(1)  a federal falconry permit;
(2)  a falconry permit issued in the person's state of residence;  and
(3)  a nonresident hunting license and any applicable stamps.
(c)  A person may hunt a bird or animal by means of falconry only during an open season provided for that bird or animal.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 68, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 49 - Falconry Permit › Section 49.011. Transfer or Sale of Raptors

Sec. 49.011.  TRANSFER OR SALE OF RAPTORS.  (a)  Except as permitted in Subsections (b) and (c), no person may buy, sell, barter, or exchange, or offer to buy, sell, barter, or exchange, a raptor in this state.
(b)  The holder of a falconer's permit may transfer a raptor to another holder of a falconer's permit or receive a raptor from another holder of a falconer's permit.
(c)  A holder of a falconer's permit who qualifies as prescribed by commission rule may purchase raptors from any legal source and may sell captive-bred raptors to any person permitted to purchase captive-bred raptors.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 117, ch. 57, Sec. 8, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 704, Sec. 27, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1256, Sec. 69, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 49 - Falconry Permit › Section 49.012. Property of State

Sec. 49.012.  PROPERTY OF STATE.  All raptors captured, taken, or held in this state remain the property of the people of the state except as provided in this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 49 - Falconry Permit › Section 49.014. Powers of Department

Sec. 49.014.  POWERS OF DEPARTMENT.  The department may:
(1)  prescribe rules for the taking, capture, possession, propagation, transportation, export, import, and sale of raptors, time and area from which raptors may be taken or captured, and species that may be taken or captured;
(2)  provide standards for possessing and housing raptors held under a permit;
(3)  prescribe annual reporting requirements and procedures;
(4)  prescribe eligibility requirements and fees for and issue any falconry, raptor propagation, or nonresident trapping permit;  and
(5)  require and regulate the identification of raptors held by permit holders.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 117, ch. 57, Sec. 9, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1256, Sec. 70, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 49 - Falconry Permit › Section 49.015. Rare or Endangered Species

Sec. 49.015.  RARE OR ENDANGERED SPECIES.  The department shall insure that the taking and possessing for falconry purposes of raptors classified as rare or endangered by this state, the regulations of the department, or the United States Bureau of Sports, Fisheries, and Wildlife are restricted to competent and experienced individuals and to numbers consistent with good management practices and the current population status of the individual species or subspecies involved.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 117, ch. 57, Sec. 10, eff. Sept. 1, 1977.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 49 - Falconry Permit › Section 49.017. Penalties

Sec. 49.017.  PENALTIES.  A person who violates a provision of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 37, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 50 - Combination Hunting and Fishing License › Section 50.001. Combination Licenses Authorized

Sec. 50.001.  COMBINATION LICENSES AUTHORIZED.  (a)  The department may issue to residents of this state a combination hunting and fishing license.
(b)  The department may issue to a resident of this state a lifetime combination hunting and fishing license.
(c)  The commission shall establish combination licenses or license packages for hunting, fishing, and other activities.  The commission may set fees for those combination licenses or license packages.  The fees set for combination licenses or license packages shall be less than the fees for the individual licenses, permits, or stamps that are combined in the combination licenses or license packages.
(d)  Notwithstanding Sections 43.204, 43.405, and 43.805, the commission shall allocate net revenue to individual stamp funds from the sale of stamps that are included in a combination license package according to a methodology the commission establishes.  The methodology must incorporate:
(1)  the proportionate discounted price of each stamp;
(2)  the estimated utilization of each stamp; or
(3)  a combination of the methods described by Subdivisions (1) and (2).
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 56, eff. Sept. 1, 1986;  Acts 1995, 74th Leg., ch. 931, Sec. 62, eff. June 16, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 570 (S.B. 1668), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 50 - Combination Hunting and Fishing License › Section 50.0011. Definition

Sec. 50.0011.  DEFINITION.  In this chapter, "resident" means:
(1)  an individual who has resided continuously in this state for more than six months immediately before applying for a license issued under this chapter;
(2)  a member of the United States armed forces on active duty;
(3)  a dependent of a member of the United States armed forces on active duty;  or
(4)  a member of any other category of individuals that the commission by regulation designates as residents.
Added by Acts 1991, 72nd Leg., ch. 301, Sec. 5, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 931, Sec. 63, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 50 - Combination Hunting and Fishing License › Section 50.002. License Fees

Sec. 50.002.  LICENSE FEES.  (a)  The fee for the combination license is $12 or an amount set by the commission, whichever amount is more.
(b)  The fee for the lifetime license is $500 or an amount set by the commission, whichever amount is more.
(c)  Repealed by Acts 1995, 74th Leg., ch. 931, Sec. 80, eff. June 16, 1995.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 1337, ch. 277, Sec. 41, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 57, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 931, Sec. 80, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 50 - Combination Hunting and Fishing License › Section 50.0021. Expiration of Licenses

Sec. 50.0021.  EXPIRATION OF LICENSES.  (a)  Except as provided by Subsections (b) and (c) of this section, a license required or authorized by this chapter is valid only during the yearly period for which the license is issued without regard to the date on which the license is acquired.  Each yearly period begins on September 1 or another date set by the commission and extends through August 31 of the next year or another date set by the commission.  The commission by rule may set the amount of a license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year.
(b)  A license issued under the authority of this chapter that is issued before September 1 or another date set by the commission and does not expire until August 31 or another date set by the commission of the following year is valid from the date of issuance through August 31 of the following year or another date set by the commission.
(c)  A lifetime resident combination hunting and fishing license is valid for the lifetime of the license holder.
Added by Acts 1993, 73rd Leg., ch. 838, Sec. 27, eff. July 15, 1993.  Amended by Acts 1995, 74th Leg., ch. 931, Sec. 64, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 50 - Combination Hunting and Fishing License › Section 50.003. Other Licenses Not Required

Sec. 50.003.  OTHER LICENSES NOT REQUIRED.  A resident who has acquired a combination hunting and fishing license is not required to obtain the hunting license required by Chapter 42 of this code or the fishing license required by Chapter 46 of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 50 - Combination Hunting and Fishing License › Section 50.004. Form; Duplicate License

Sec. 50.004.  FORM;  DUPLICATE LICENSE.  (a)  The department shall issue and prescribe the form and manner of issuance of the license.  The commission by rule may prescribe identification and compliance requirements.
(b)  Duplicate licenses may be issued for the same fee and in the same manner as hunting licenses under Chapter 42 of this code.
(c)  Rules adopted under Subsection (a) must allow for a person to present for the purpose of verification of possession a combination hunting and fishing license as an image displayed on a wireless communication device. The image displayed may be either an image of information from the Internet website of the department or a photograph of a combination hunting and fishing license.
(d)  The display of an image that includes combination hunting and fishing license information on a wireless communication device under this section does not constitute effective consent for a law enforcement officer, or any other person, to access the contents of the wireless communication device except to view the combination hunting and fishing license information.
(e)  The authorization of the use of a wireless communication device to display combination hunting and fishing license information under Subsection (c) does not prevent a court of competent jurisdiction from requiring a person to provide a paper copy of the person's combination hunting and fishing license in a hearing or trial or in connection with discovery proceedings.
(f)  A telecommunications provider, as defined by Section 51.002, Utilities Code, may not be held liable to the holder of a combination hunting and fishing license for the failure of a wireless communication device to display combination hunting and fishing license information under Subsection (c).
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1995, 74th Leg., ch. 931, Sec. 65, eff. June 16, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 41 (H.B. 547), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 50 - Combination Hunting and Fishing License › Section 50.005. Holder Shall Comply With Other Law

Sec. 50.005.  HOLDER SHALL COMPLY WITH OTHER LAW.  A holder of a combination hunting and fishing license shall comply with and is subject to the penalties in Chapters 42 and 46 of this code, unless those requirements or penalties conflict with this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter A. General Provisions › Section 61.001. Title

Sec. 61.001.  TITLE.  This chapter may be cited as the Wildlife Conservation Act of 1983.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 22, ch. 9, art. I, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter A. General Provisions › Section 61.002. Purpose

Sec. 61.002.  PURPOSE.  The purpose of this chapter is to provide a comprehensive method for the conservation of an ample supply of wildlife resources on a statewide basis to insure reasonable and equitable enjoyment of the privileges of ownership and pursuit of wildlife resources.  This chapter provides a flexible law to enable the commission to deal effectively with changing conditions to prevent depletion and waste of wildlife resources.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 22, ch. 44, art. I, Sec. 2, eff. Aug. 29, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter A. General Provisions › Section 61.003. Applicability of Chapter

Sec. 61.003.  APPLICABILITY OF CHAPTER.  This chapter applies to every county, place, and wildlife resource in the state, except as otherwise provided by this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 71, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter A. General Provisions › Section 61.005. Definitions

Sec. 61.005.  DEFINITIONS.  In this chapter:
(1)  "Wildlife resources" means all wild animals, wild birds, and aquatic animal life.
(2)  "Depletion" means the reduction of a species below its immediate recuperative potential by any cause.
(3)  "Waste" means the failure to provide for the regulated harvest of surplus wildlife resources when that harvest would allow, promote, or optimize a healthy and self-sustaining population of a species.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 439, ch. 184, Sec. 2, eff. Aug. 31, 1981;  Acts 1981, 67th Leg., p. 2740, ch. 748, Sec. 2, eff. Sept. 1, 1981;  Acts 1997, 75th Leg., ch. 1256, Sec. 72, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter A. General Provisions › Section 61.006. Crayfish

Sec. 61.006.  CRAYFISH.  Except for Section 61.022 and Chapter 68 of this code, this chapter does not apply to crayfish, other than in public water.
Added by Acts 1981, 67th Leg., p. 399, ch. 161, Sec. 3, eff. May 20, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter B. Prohibited Acts › Section 61.021. Taking Wildlife Resources Prohibited

Sec. 61.021.  TAKING WILDLIFE RESOURCES PROHIBITED.  (a)  Except as provided by Subsection (b) or permitted under a proclamation issued by the commission under this chapter, no person may hunt, catch, or possess a game bird or game animal, fish, marine animal, or other aquatic life at any time or in any place covered by this chapter.
(b)  A documented member of the Kickapoo Traditional Tribe of Texas who holds a license under Section 42.002 may hunt antlerless white-tailed deer for religious ceremonial purposes on any day of the year between one-half hour before sunrise and one-half hour after sunset.  A documented member of the Kickapoo Traditional Tribe of Texas hunting antlerless white-tailed deer under this subsection:
(1)  shall comply with all other provisions of this code and proclamations adopted under this code;
(2)  shall notify:
(A)  a local game warden at least 24 hours before hunting antlerless white-tailed deer at a time of the year when a person who holds a license under Section 42.002 but who is not a documented member of the Kickapoo Traditional Tribe of Texas may not hunt antlerless white-tailed deer; and
(B)  the department not later than September 1 of each year of the member's intent to hunt antlerless white-tailed deer for the following calendar year;
(3)  may not hunt antlerless white-tailed deer outside an open hunting season in a chronic wasting disease containment or surveillance zone, as determined by the department; and
(4)  may not receive a pecuniary gain from an action taken under this subsection.
(c)  Subsection (b) applies only to hunting on land that is:
(1)  owned or leased by the Kickapoo Traditional Tribe of Texas; and
(2)  located in a county that:
(A)  borders the United Mexican States and has a population of more than 50,000 but less than 70,000; or
(B)  is adjacent to a county described by Paragraph (A) and has a population of less than 8,000.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 506, ch. 213, Sec. 2, eff. Aug. 31, 1981;  Acts 1981, 67th Leg., p. 2740, ch. 748, Sec. 3, eff. Sept. 1, 1981.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 830 (H.B. 1891), Sec. 2, eff. June 15, 2017.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 208, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter B. Prohibited Acts › Section 61.022. Taking Wildlife Resources Without Consent of Landowner Prohibited

Sec. 61.022.  TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF LANDOWNER PROHIBITED.  (a)  No person may hunt or catch by any means or method or possess a wildlife resource at any time and at any place covered by this chapter unless the owner of the land, submerged land, or water, or the owner's agent, consents.
(b)  Except as provided by Subsection (c), a person who violates Subsection (a) the first time commits an offense that is a Class A Parks and Wildlife Code misdemeanor and is punishable in addition by the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits.
(c)  A person who violates Subsection (a) the first time by killing a desert bighorn sheep, pronghorn antelope, mule deer, or white-tailed deer commits an offense that is a Parks and Wildlife Code state jail felony and is punishable in addition by the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits.
(d)  A second violation of Subsection (a) shall be classified as one category higher than the first violation or a Parks and Wildlife Code felony, whichever is lesser, and is punishable in addition by the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits.
(e)  A third or subsequent violation of Subsection (a) shall be classified as a Parks and Wildlife Code felony and is punishable in addition by the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 2, eff. Aug. 31, 1981;  Acts 1981, 67th Leg., p. 2740, ch. 748, Sec. 3, eff. Sept. 1, 1981;  Acts 1997, 75th Leg., ch. 1090, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1256, Sec. 73, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 959, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1002 (H.B. 506), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter B. Prohibited Acts › Section 61.0221. Disposition of Seized Property

Sec. 61.0221.  DISPOSITION OF SEIZED PROPERTY.  (a)  If a person is finally convicted of an offense under Section 61.022, the court entering judgment may order that a weapon or other personal property used in the commission of the offense be destroyed or forfeited to the department.
(b)  If the department receives a forfeiture order from a court under this section, the department may:
(1)  use the property in the department's normal operations;
(2)  sell or transfer the property; or
(3)  destroy the property.
(c)  The department shall deposit money from the sale of forfeited property under this section in the game, fish, and water safety account.
(d)  This section does not apply to a vehicle, aircraft, or vessel.
Added by Acts 2005, 79th Leg., Ch. 603 (H.B. 2037), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter B. Prohibited Acts › Section 61.023. Applying Contraceptives to Wildlife Resources

Sec. 61.023.  APPLYING CONTRACEPTIVES TO WILDLIFE RESOURCES.  No person may intentionally apply contraceptives to any vertebrate wildlife resource unless the person first obtains written authorization from the department.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 74, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter C. Regulatory Duties › Section 61.051. Duty to Investigate and Study Certain Wildlife Resources

Sec. 61.051.  DUTY TO INVESTIGATE AND STUDY CERTAIN WILDLIFE RESOURCES.  (a)  The department shall conduct scientific studies and investigations of all species of game animals, game birds, and aquatic animal life to determine:
(1)  supply;
(2)  economic value;
(3)  environments;
(4)  breeding habits;
(5)  sex ratios;  and
(6)  effects of any factors or conditions causing increases or decreases in supply.
(b)  The studies and investigations may be made periodically or continuously.
(c)  The commission shall make findings of fact based on the studies and investigations of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 75, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter C. Regulatory Duties › Section 61.052. General Regulatory Duty

Sec. 61.052.  GENERAL REGULATORY DUTY.  (a)  The commission shall regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in or from the places covered by this chapter.
(b)  The commission shall regulate the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in or from the places covered by this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 3, eff. Aug. 31, 1981;  Acts 1997, 75th Leg., ch. 1256, Sec. 76, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter C. Regulatory Duties › Section 61.053. Open Seasons

Sec. 61.053.  OPEN SEASONS.  The commission shall provide open seasons for the hunting, taking, or possession of game animals, game birds, or aquatic animal life if its investigations and findings of fact reveal that open seasons may be safely provided or if the threat of waste requires an open season to conserve game animals, game birds, or aquatic animal life.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 3, eff. Aug. 31, 1981;  Acts 1997, 75th Leg., ch. 1256, Sec. 77, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter C. Regulatory Duties › Section 61.054. Proclamations of the Commission

Sec. 61.054.  PROCLAMATIONS OF THE COMMISSION.  (a)  Regulation of the hunting, taking, or possession of game animals, game birds, or aquatic animal life under this chapter shall be by proclamation of the commission.
(b)  A proclamation of the commission authorizing the hunting, taking, or possession of game animals, game birds, or aquatic animal life must specify:
(1)  the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed;
(2)  the means or method that may be used to hunt, take, or possess the game animals, game birds, or aquatic animal life;  and
(3)  the region, county, area, body of water, or portion of a county where the game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 3, eff. Aug. 31, 1981;  Acts 1997, 75th Leg., ch. 1256, Sec. 78, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter C. Regulatory Duties › Section 61.055. Amendments and Revocations

Sec. 61.055.  AMENDMENTS AND REVOCATIONS.  (a)  If the commission finds that there is a danger of depletion or waste, it shall amend or revoke its proclamations to prevent the depletion or waste and to provide to the people the most equitable and reasonable privilege to hunt game animals or game birds or catch aquatic animal life.
(b)  The commission may amend or revoke its proclamations at any time it finds the facts warrant a change.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 3, eff. Aug. 31, 1981;  Acts 1997, 75th Leg., ch. 1256, Sec. 79, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter C. Regulatory Duties › Section 61.056. Proclamations Concerning Certain Deer and Antelope

Sec. 61.056.  PROCLAMATIONS CONCERNING CERTAIN DEER AND ANTELOPE.  A proclamation of the commission authorizing the taking of antlerless deer or antelope in this state is not effective for a specific tract of land unless the landowner or the landowner's agent agrees in writing to the number of antlerless deer or antelope permits authorized for the property.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 1860, ch. 439, Sec. 3, eff. Aug. 31, 1981;  Acts 1997, 75th Leg., ch. 863, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter C. Regulatory Duties › Section 61.057. Antlerless Deer and Antelope

Sec. 61.057.  ANTLERLESS DEER AND ANTELOPE.  (a)  Except as provided by Section 61.021 and Subsection (c), no person may hunt an antlerless deer or antelope in this state without first having acquired an antlerless deer or antelope permit issued by the department on a form provided by the department.
(b)  The permit may be distributed by the landowner or landowner's agent for land which is subject to an agreement under Section 61.056 of this code.  A landowner or landowner's agent may distribute permits only for the land the person owns or the land for which the person is an agent.
(c)  When conditions warrant, the commission may allow hunting of antlerless deer or antelope in this state without a permit.  The proclamation allowing hunting without a permit must be specific as to the county or portion of a county to which it applies.
(d)  No person may sell or trade a permit authorized by this section for anything of value.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 1860, ch. 439, Sec. 4, 5, eff. Aug. 31, 1981;  Acts 1997, 75th Leg., ch. 863, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 830 (H.B. 1891), Sec. 3, eff. June 15, 2017.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter C. Regulatory Duties › Section 61.058. Youth Hunting and Fishing

Sec. 61.058.  YOUTH HUNTING AND FISHING.  (a)  The commission may provide for special open seasons during which the taking and possession of game animals and game birds are restricted to persons under 17 years old.
(b)  The commission may provide for special means and methods for the taking and possession of aquatic animal life by persons under 17 years old.
(c)  A special open season provided for by the commission under Subsection (a) may be combined with a special open season provided for by the commission under Section 61.059.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 80, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 180 (S.B. 675), Sec. 1, eff. May 30, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter C. Regulatory Duties › Section 61.059. Hunting of Certain Migratory Game Birds by Veterans and Active Duty Armed Forces Members

Sec. 61.059.  HUNTING OF CERTAIN MIGRATORY GAME BIRDS BY VETERANS AND ACTIVE DUTY ARMED FORCES MEMBERS.  (a)  The commission may provide for special open seasons during which the taking and possession of ducks, geese, mergansers, coots, moorhens, and gallinules are restricted to veterans, as defined by 38 U.S.C. Section 101, and members of the armed forces of the United States on active duty, including members of the national guard and reserves on active duty other than for training.
(b)  A special open season provided for by the commission under Subsection (a) may be combined with a special open season provided for by the commission under Section 61.058.
(c)  The commission by rule may prescribe the proof of veteran or active duty status required of a person to participate in a special open season under this section.
(d)  If the commission by rule requires that a person participating in a special open season under this section have in the person's immediate possession proof of the person's veteran or active duty status in accordance with commission rule, the rule must provide that it is a defense to prosecution under that rule that the person produces in court proof of the person's veteran or active duty status in accordance with commission rule.
Added by Acts 2021, 87th Leg., R.S., Ch. 180 (S.B. 675), Sec. 2, eff. May 30, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter C. Regulatory Duties › Section 61.060. Defense to Prosecution: Humane Dispatch of Certain Game Animals and Birds

Sec. 61.060.  DEFENSE TO PROSECUTION: HUMANE DISPATCH OF CERTAIN GAME ANIMALS AND BIRDS.  (a)  In this section:
(1)  "Dispatch" means to kill by any humane method.
(2)  "Game animal" has the meaning assigned by Section 63.001.
(3)  "Game bird" has the meaning assigned by Section 64.001.
(b)  It is a defense to prosecution for a violation of this chapter or of a regulation adopted or proclamation issued under the authority of this chapter by the commission that the actor dispatched a game animal or game bird that:
(1)  was mortally wounded, not through the actor's conduct; or
(2)  behaved in a manner that:
(A)  is inconsistent with the manner in which a game animal or game bird that is not diseased typically behaves; and
(B)  leads a reasonable person to believe that the game animal or game bird poses a substantial risk of serious harm to itself, a person, or other wildlife.
(c)  The commission may adopt rules, including rules concerning the disposition of a game animal or a game bird that has been dispatched under this section, to implement this section.
Added by Acts 2005, 79th Leg., Ch. 157 (H.B. 2555), Sec. 1, eff. May 24, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter D. Administrative Procedures › Section 61.101. Local Hearing on Proclamation

Sec. 61.101.  LOCAL HEARING ON PROCLAMATION.  (a)  Before a proclamation of the commission may be adopted, the department shall hold public hearings in the county to be affected by the proclamation if the director or the director's designee receives a petition for a public hearing signed by not less than 25 persons who reside in the county.
(b)  The hearing may be conducted by a member of the commission or by any designated employee of the department.  This subsection does not require the presence of a member at any local hearing.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 58, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1256, Sec. 81, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 61 - Uniform Wildlife Regulatory Act › Subchapter D. Administrative Procedures › Section 61.102. Notice on Local Hearing

Sec. 61.102.  NOTICE ON LOCAL HEARING.  Notice of the hearing must be given in a newspaper published in the county in which the hearing is to be held at least 10 days before the date of the hearing.  If no newspaper is published in the county in which the hearing is to be held, the notice must be given in a newspaper published in an adjoining county and having wide circulation in the county in which the hearing is to be held.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 59, eff. Sept. 1, 1985.