reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.011. Voluntary Contribution to Help Feed Hungry Texans

Sec. 42.011.  VOLUNTARY CONTRIBUTION TO HELP FEED HUNGRY TEXANS.  (a)  When a person applies for a hunting license of any type under this chapter, the person may contribute $1 or more to a nonprofit organization, designated by the commission, whose purposes include the administration of a statewide program that provides hunters with a way to donate legally harvested deer to local food assistance providers.  The program must include the recruitment of meat processors who, for a nominal fee to cover processing costs, process and package the venison and contact the food assistance providers to pick up the venison.
(b)  The department shall:
(1)  include space on each application for a hunting license that allows a person applying for the license to indicate the amount that the person is voluntarily contributing to the nonprofit organization; and
(2)  provide an opportunity for a person to contribute to the nonprofit organization during the application process for a hunting license on the department's Internet website.
(c)  After deducting the department's administrative costs, the department shall hold in trust the remainder of the amount a person contributes under this section to the nonprofit organization.  Not later than November 1 of each year, the department shall send the money held in trust to the nonprofit organization.
(d)  Money received by the nonprofit organization under this section may be used only to administer, operate, support, and promote the program described by Subsection (a).
(e)  The nonprofit organization shall submit an annual report to the legislature and the department that includes the total dollar amount of contributions received by the organization under this section.
(f)  The commission may adopt rules to implement this section, including rules related to processes for the selection, inspection, and periodic review of the nonprofit organization.
Added by Acts 2015, 84th Leg., R.S., Ch. 1229 (S.B. 1978), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.012. Resident License Fee

Sec. 42.012.  RESIDENT LICENSE FEE.  (a)  The fee for a resident hunting license is $8 or an amount set by the commission, whichever amount is more.
(b)  The commission may set a lower fee or waive the fee or license requirement for a resident who is under 17 years old, 65 years old or older, or participating in an event that is sponsored or co-sponsored by the department with the approval of the director.  The commission shall waive the fee for a qualified veteran with a disability and for a resident on active duty as a member of the United States military forces, the Texas Army National Guard, the Texas Air National Guard, or the Texas State Guard.
(c)  "Qualified veteran with a disability" means a veteran with a service connected disability, as defined by the United States Department of Veterans Affairs, consisting of the loss of the use of a lower extremity or of a disability rating of 50 percent or more and who is receiving compensation from the United States for the disability.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 1328, ch. 277, Sec. 7, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 12, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 838, Sec. 2, eff. July 15, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 7, eff. June 16, 1995;  Acts 1997, 75th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 145 (H.B. 1076), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 243 (H.B. 2130), Sec. 1, eff. May 25, 2007.
Acts 2015, 84th Leg., R.S., Ch. 279 (H.B. 721), Sec. 1, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 10, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.0121. Lifetime Resident Hunting License Fee

Sec. 42.0121.  LIFETIME RESIDENT HUNTING LICENSE FEE.  The fee for a lifetime resident hunting license is $300 or an amount set by the commission, whichever amount is more.
Added by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 13, eff. Sept. 1, 1986.  Amended by Acts 1995, 74th Leg., ch. 931, Sec. 8, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.014. Nonresident Special Hunting License Fee

Sec. 42.014.  NONRESIDENT SPECIAL HUNTING LICENSE FEE.  The fee for a nonresident special hunting license is $37.75 or an amount set by the commission, whichever amount is more.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 317, ch. 150, Sec. 2, eff. Aug. 29, 1977;  Acts 1979, 66th Leg., p. 1397, ch. 623, Sec. 1, eff. Aug. 27, 1979;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 14, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 609, Sec. 2, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 931, Sec. 9, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.0141. General Nonresident Hunting License Fee

Sec. 42.0141.  GENERAL NONRESIDENT HUNTING LICENSE FEE.  The fee for a general nonresident hunting license is $100.75 or an amount set by the commission, whichever amount is more.
Added by Acts 1977, 65th Leg., p. 317, ch. 150, Sec. 3, eff. Aug. 29, 1977.  Amended by Acts 1979, 66th Leg., p. 1397, ch. 623, Sec. 2, eff. Aug. 27, 1979;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 15, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 931, Sec. 10, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.0142. Nonresident Banded Bird Hunting License for Hunting on a Private Bird Hunting Area

Sec. 42.0142.  NONRESIDENT BANDED BIRD HUNTING LICENSE FOR HUNTING ON A PRIVATE BIRD HUNTING AREA.  (a)  In lieu of a general or nonresident special hunting license, a nonresident may acquire a banded bird hunting license from the department entitling the nonresident to take pen-reared, banded birds from a licensed private bird hunting area only.
(b)  The fee for a nonresident banded bird hunting license is an amount set by the commission.
Added by Acts 1987, 70th Leg., ch. 609, Sec. 3, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 512, Sec. 3, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 838, Sec. 3, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 11, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.0143. Nonresident Five-Day Special Hunting License

Sec. 42.0143.  NONRESIDENT FIVE-DAY SPECIAL HUNTING LICENSE.  A nonresident five-day special hunting license is valid for five consecutive days.  The fee for the license is set by the commission in an amount not to exceed 50 percent of the amount of the fee set for a nonresident special hunting license.
Added by Acts 1987, 70th Leg., ch. 609, Sec. 4, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 931, Sec. 12, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.0144. Nonresident Spring Turkey Hunting License Fee

Sec. 42.0144.  NONRESIDENT SPRING TURKEY HUNTING LICENSE FEE.  The fee for a nonresident spring turkey hunting license is $75 or an amount set by the commission, whichever amount is more.
Added by Acts 1991, 72nd Leg., ch. 95, Sec. 2, eff. Sept. 1, 1991.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.017. Duplicate License and Tags

Sec. 42.017.  DUPLICATE LICENSE AND TAGS.  (a)  If a person licensed to hunt under the provisions of this chapter loses the license or tags or if the license or tags are destroyed, the person may apply to the department for and receive a duplicate license or tags.
(b)  The application for a duplicate license or tags is in the form of an affidavit and must contain a statement of fact concerning the loss or destruction of the license or tags and a statement of the number of birds or animals, if any, killed under the authority of the lost or destroyed license or tags.  The commission by regulation may prescribe additional requirements for the issuance of a duplicate license or tag under this section.
(c)  A duplicate license entitling the holder to hunt any bird or animal shall be clearly marked to indicate those birds or animals previously killed under the authority of the lost or destroyed license or tags and to prevent the killing of more birds or animals than allowed for the year.
(d)  The fee for a duplicate license or tags is $5 or an amount set by the commission, whichever amount is more.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 612, ch. 223, Sec. 3, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 1329, ch. 277, Sec. 9, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 16, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 838, Sec. 4, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 13, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.0175. Expiration Date

Sec. 42.0175.  EXPIRATION DATE.  (a)  A license issued under this chapter, other than a lifetime resident hunting license or a nonresident five-day special hunting license is valid only during the yearly period for which the license is issued without regard to the date on which a license is acquired.  Each yearly period begins on September 1 or on another date set by the commission and extends through August 31 of the next year or another date set by the commission.  A license issued under this chapter other than a nonresident five-day special hunting license that is issued before September 1 or another date set by the commission and does not expire until August 31 of the next year or another date set by the commission is valid from the date of issuance through August 31 of the following 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 Section 42.012(b) of this code to a person who is 16 years of age at the time the license is issued, but reaches the age of 17 during the term of the license, is valid for the entire term of the license.
Added by Acts 1977, 65th Leg., p. 1536, ch. 626, Sec. 2, eff. Aug. 29, 1977.  Amended by Acts 1993, 73rd Leg., ch. 838, Sec. 5, eff. July 15, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 14, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.0177. Bird or Animal Carcasses: Commission Rules

Sec. 42.0177.  BIRD OR ANIMAL CARCASSES:  COMMISSION RULES.  The commission by rule may modify or eliminate the tagging, carcass, final destination, or final processing requirements or provisions of Section 42.001, 42.018, 42.0185, 42.019, or 42.020, or other similar requirements or provisions in this chapter.
Added by Acts 1995, 74th Leg., ch. 931, Sec. 15, eff. June 16, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 199 (S.B. 720), Sec. 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 42 - General Hunting License › Section 42.018. Tag to Be Attached to Deer

Sec. 42.018.  TAG TO BE ATTACHED TO DEER.  (a)  Except as provided by Subsection (d) or commission rule, no person may possess the carcass of a deer before the carcass has been finally processed at a final destination unless there is attached to the carcass a properly executed deer tag from a hunting license provided by the department and issued to the person who killed the deer.
(b)  A tag is properly executed only when the month and the date of the kill are cut out and the tag is filled out to show the place the deer to which the tag is attached was killed and to show other information required on the tag by the commission.
(c)  If the deer's head is severed from the carcass, the properly executed tag must remain with the carcass.
(d)  A wildlife resource document completed by the person who killed the deer must accompany the head or other part of the deer not accompanied by a tag if at any time before the carcass is finally processed the head or other part of the deer no longer accompanies the carcass.  If a portion of the carcass is divided among persons and separated and the person who killed the deer retains a portion of the carcass, that person shall retain the tag with the portion of the carcass retained by that person.  A wildlife resource document shall be retained with the head of a deer that is not kept with the carcass until the head is delivered to the owner after taxidermy or, if not treated by a taxidermist, until delivered to a final destination.
(e)  Final processing for a deer carcass may occur only at a final destination.
(f)  This section does not prohibit a person before delivering a deer carcass to a final destination from removing and preparing a part of the deer if the removal and preparation occur immediately before the part is cooked or consumed.
(g)  A landowner or the landowner's agent operating under a wildlife management plan approved by the department is, if authorized by the commission, exempt from the tag requirements of this section.
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. 17, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 635, Sec. 2, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1256, Sec. 29, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.0185. Tag to Be Attached to Turkey

Sec. 42.0185.  TAG TO BE ATTACHED TO TURKEY.  (a)  Except as provided by commission rule, no person may possess a wild turkey at any time after the turkey is killed and before it has been finally processed at a final destination unless there is attached to the turkey a properly executed turkey tag from a hunting license provided by the department and issued to the person who killed the turkey.
(b)  A turkey tag is properly executed only when the month and the date of the kill are cut out and the tag is filled out to show the place the turkey to which the tag is attached was killed and to show other information required on the tag.
(c)  A wildlife resource document completed by the person who killed the turkey must accompany a part of the turkey if at any time before the turkey reaches a final destination the part of the turkey no longer accompanies the tagged turkey and is possessed by the person who killed the turkey or is given to, left with, or possessed by another person, including a taxidermist.
(d)  This section does not prohibit a person before delivering a wild turkey to a final destination from preparing part of the turkey immediately before cooking and consuming the part.
Added by Acts 1977, 65th Leg., p. 613, ch. 223, Sec. 4, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 38, Sec. 2, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1256, Sec. 30, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.019. Possession of Certain Parts of Antelope

Sec. 42.019.  POSSESSION OF CERTAIN PARTS OF ANTELOPE.  (a)  Except as provided by Subsection (c), no person may possess the carcass of an antelope before it has been finally processed at a final destination unless there is attached to the carcass an antelope permit provided by the department that is executed legibly, accurately, and completely by the person who killed the antelope.
(b)  If the antelope's head is severed from the carcass, the properly executed permit must remain with the carcass.
(c)  A wildlife resource document completed by the person who killed the antelope must accompany the head or other part of the antelope not accompanied by a permit if at any time before the carcass is finally processed the head or other part of the antelope no longer accompanies the carcass.  If a portion of the carcass is divided among persons and separated and the person who killed the antelope retains a portion of the carcass, that person shall retain the permit with the portion of the carcass retained by that person.  A wildlife resource document shall be retained with the head of an antelope that is not kept with the carcass until the head is delivered to the owner after taxidermy or, if not treated by a taxidermist, until delivered to a final destination.
(d)  Final processing for an antelope carcass may occur only at a final destination.
(e)  This section does not prohibit a person before delivering an antelope carcass to a final destination from removing and preparing a part of the antelope if the removal and preparation occur immediately before the part is cooked and consumed.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 31, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.020. Bird or Animal Tags: Prohibited Acts

Sec. 42.020.  BIRD OR ANIMAL TAGS:  PROHIBITED ACTS.  (a)  No person may purchase or use more bird or animal tags during a license year than the number and type authorized for the year by the commission, excluding duplicate licenses issued under Section 42.017 of this code.
(b)  No person may:
(1)  use the same bird or animal tag on more than one bird or animal;
(2)  use a bird or animal tag issued in the name of another;
(3)  use a tag on a bird or animal for which another tag is specifically required;
(4)  kill a bird or animal required to be tagged and fail to immediately attach a properly executed tag to the carcass;  or
(5)  hunt a bird or animal that requires a tag without having in his immediate possession the tag required to be attached to the carcass of the bird or animal being hunted.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 613, ch. 223, Sec. 5, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 18, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.021. Bag Limits and Season Not Affected

Sec. 42.021.  BAG LIMITS AND SEASON NOT AFFECTED.  The provisions of this chapter do not authorize any person to exceed any bag limit or to hunt deer or turkey during a closed season, and the attachment of deer or turkey tags as provided by this chapter is not prima facie evidence that the deer or turkey was lawfully killed.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 613, ch. 223, Sec. 6, eff. Sept. 1, 1977.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.0211. Taking of Unbanded Pen-Reared Pheasant or Quail by Certain Landowners

Sec. 42.0211.  TAKING OF UNBANDED PEN-REARED PHEASANT OR QUAIL BY CERTAIN LANDOWNERS.  (a)  This section applies only to:
(1)  noncommercial activity; and
(2)  the taking of pheasant or quail on a property of at least five contiguous acres.
(b)  Notwithstanding any other law requiring the banding of a bird, a person, or the person's guest when accompanied by the person, may take on the person's property unbanded pen-reared pheasant or quail.
(c)  Nothing in this section:
(1)  affects the requirement to acquire a license under Section 45.001 for the propagation of game birds; or
(2)  authorizes a person to:
(A)  exceed a bag limit for pheasant or quail; or
(B)  take pheasant or quail during a closed season.
Added by Acts 2021, 87th Leg., R.S., Ch. 67 (H.B. 1699), Sec. 1, eff. May 19, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.022. One License for Each Year

Sec. 42.022.  ONE LICENSE FOR EACH YEAR.  (a)  No person may acquire or possess more than one hunting license during a license year.  For purposes of this section, a violation does not occur unless a person acquires or possesses more than one license having the same expiration date.
(b)  This section does not apply to the acquisition and possession of a duplicate hunting license acquired as provided in this chapter.
(c)  This section does not apply to the acquisition and possession by a nonresident of more than one nonresident hunting license if the nonresident does not acquire or possess during a license year:
(1)  more than one nonresident:
(A)  general hunting license;  or
(B)  spring turkey hunting license;  or
(2)  both a nonresident general hunting license and a nonresident spring turkey hunting license.
(d)  For purposes of this section, a license year 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.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 317, ch. 150, Sec. 4, eff. Aug. 29, 1977;  Acts 1987, 70th Leg., ch. 609, Sec. 5, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 635, Sec. 3, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 16, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.023. Hunting Under License of Another

Sec. 42.023.  HUNTING UNDER LICENSE OF ANOTHER.  No person may hunt under a license issued to another or permit another to hunt under a license issued to him.
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 42 - General Hunting License › Section 42.024. Exhibiting License

Sec. 42.024.  EXHIBITING LICENSE.  (a)  No person required by the provisions of this chapter to have a hunting license may fail or refuse to show the license to an officer on demand.
(b)  If on or before the trial of any person charged with a violation of this section, the person produces for the court or the prosecuting attorney the proper hunting license issued to the person and valid at the time of the offense, the court having jurisdiction of the suit shall dismiss the charge.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 810, ch. 368, Sec. 1, eff. Aug. 27, 1979.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.025. Penalty

Sec. 42.025.  PENALTY.  A person who violates any 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. 15, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter C. Permits for Scientific Research, Zoological Collection, Rehabilitation, and Educational Display › Section 43.021. Protected Wildlife

Sec. 43.021.  PROTECTED WILDLIFE.  In this subchapter, "protected wildlife" means all indigenous mammals, indigenous birds, indigenous reptiles, indigenous amphibians, indigenous fish, and other indigenous aquatic life the taking, collecting, holding, possession, propagation, release, display, or transport of which is governed by a provision of this code other than this subchapter or by a commission rule adopted under any provision of this code other than this subchapter and includes endangered species.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1995, 74th Leg., ch. 927, Sec. 2, eff. Dec. 1, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter C. Permits for Scientific Research, Zoological Collection, Rehabilitation, and Educational Display › Section 43.022. Permit Requirement

Sec. 43.022.  PERMIT REQUIREMENT.  (a)  No person may collect, hold, possess, display, transport, release, or propagate protected wildlife for the purposes of this subchapter without a permit issued under this subchapter.
(b)  A permit under this subchapter is not required for an activity that may be lawfully conducted under the authority of another license or permit issued under this code or in accordance with another provision of this code.
(c)  No other license is required for an activity conducted under the authority of a permit issued under this subchapter.
(d)  A permit under this subchapter is not required to hold, transport, propagate, or display a marine mammal held under the authority of the federal Marine Mammal Protection Act (16 U.S.C. Section 1361 et seq.) unless the marine mammal is:
(1)  a marine mammal for which the department has been delegated management authority under Section 1379 of the Marine Mammal Protection Act (16 U.S.C. Section 1379);  or
(2)  a marine mammal listed under the federal Endangered Species Act (16 U.S.C. Section 1531 et seq.).
(e)  The department may issue a permit to a qualified person to collect, hold, possess, display, transport, release, or propagate protected wildlife for scientific research, educational display, zoological collection, or rehabilitation.  A permit may not be issued to propagate protected wildlife for rehabilitation or educational display.
(f)  The commission shall adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation.
(g)  The commission by rule may set fees for review of permit applications, inspections, transportation and boarding of seized animals, laboratory analysis, or other department actions necessary for implementation of this subchapter.
(h)  The commission by rule may exempt certain categories of activities from the permitting and fee requirements of or established under this subchapter if those activities are determined to provide a public benefit and do not adversely affect a protected wildlife resource.
(i)  A permit authorized by this subchapter may be issued by the director or the director's designee.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 2, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 927, Sec. 3, eff. Dec. 1, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter C. Permits for Scientific Research, Zoological Collection, Rehabilitation, and Educational Display › Section 43.024. Disposition of Protected Wildlife

Sec. 43.024.  DISPOSITION OF PROTECTED WILDLIFE.  (a)  All protected wildlife collected and subsequently held under this subchapter or rules adopted under this subchapter remain the property of the state and shall be relinquished to the department or an agent of the department on demand or otherwise disposed of in a manner prescribed by the department.
(b)  No permit may be issued for the taking or transportation of any endangered fish or wildlife the possession, taking, or transportation of which is prohibited by federal law.
(c)  A permit issued for the taking of migratory birds is not valid unless the applicant has obtained a federal permit for the taking of migratory birds.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 3, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 927, Sec. 4, eff. Dec. 1, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter C. Permits for Scientific Research, Zoological Collection, Rehabilitation, and Educational Display › Section 43.028. Civil Suit; Injunctive Relief; Costs

Sec. 43.028.  CIVIL SUIT;  INJUNCTIVE RELIEF;  COSTS.  (a)  The department, on the approval of the director or commission, may authorize the filing and prosecution of a civil suit to enforce this subchapter or a rule adopted under this subchapter.
(b)  On finding of a violation of this subchapter or a rule adopted under this subchapter, a court may assess a civil penalty in addition to providing injunctive relief.  The penalty may not exceed $1,000 for each violation.  Each day of violation is a separate offense.  A civil suit filed under this subchapter is not a bar to any criminal or administrative action.
(c)  On entry of a judgment in favor of the department, the court may award attorney's fees and court costs to the state.
Added by Acts 1995, 74th Leg., ch. 927, Sec. 5, eff. Dec. 1, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter C. Permits for Scientific Research, Zoological Collection, Rehabilitation, and Educational Display › Section 43.030. Penalty

Sec. 43.030.  PENALTY.  A person who violates Section 43.022, a commission rule, or the conditions of a permit issued under this subchapter 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. 18, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 927, Sec. 6, eff. Dec. 1, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter D. Hunting Lease Licenses › Section 43.041. Definitions

Sec. 43.041.  DEFINITIONS.  In this subchapter:
(1)  "Hunting cooperative" means a cooperative enterprise in which participating landowners pool their acreage and lease it for hunting purposes under the authority of a hunting lease license and in which the leasing profits are distributed to the landowners according to the landowners' participation.
(2)  "Hunting lease" means the aggregate amount of land owned by one individual, partnership, firm, or corporation or the aggregate amount of land in a hunting cooperative in a county and leased for hunting purposes.  If an individual, partnership, firm, or corporation owns a single tract of land, or if a hunting cooperative has land, located partially in one county and partially in another county, the individual, partnership, firm, or corporation or the hunting cooperative may not be required to have a separate hunting lease license for that portion of the land located in the second county, unless the individual, partnership, firm, or corporation, or a landowner participating in the hunting cooperative, owns other land leased for hunting purposes in the second county.  If an individual, partnership, firm, or corporation owns a single tract of land, or if a hunting cooperative has land, located partially in one county and partially in another county and the individual, partnership, firm, or corporation or the hunting cooperative is not required to have two licenses, the aggregate acreage of the tract shall be used for determining the amount of the license fee required by this subchapter.
(3)  "Licensee" means:
(A)  a person who owns the land, or manages a hunting cooperative that has land, on which a hunting lease is located;  or
(B)  an individual listed on the license application as the landowner's agent who holds a hunting lease license.
(4)  "Guest" means a person, other than a licensee, who hunts or takes an animal or bird on a hunting lease.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3, eff. Sept. 1, 1975;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 19, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 512, Sec. 1, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 856, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 16, Sec. 15.02, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 805, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter D. Hunting Lease Licenses › Section 43.042. License Required

Sec. 43.042.  LICENSE REQUIRED.  (a)  The owner of a hunting lease or the landowner's agent may not receive as a guest for pay or other consideration another person engaged in hunting unless the owner or agent has acquired a hunting lease license from the department.
(b)  The license shall be displayed on the hunting lease.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3, eff. Sept. 1, 1975;  Acts 1989, 71st Leg., ch. 512, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter D. Hunting Lease Licenses › Section 43.043. Issuance of License

Sec. 43.043.  ISSUANCE OF LICENSE.  The department may issue a hunting lease license only in the name of the owner of a hunting lease or the name of the landowner's agent.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3, eff. Sept. 1, 1975;  Acts 1989, 71st Leg., ch. 512, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter D. Hunting Lease Licenses › Section 43.0431. Application for License

Sec. 43.0431.  APPLICATION FOR LICENSE.  (a)  The department may require an application for a license and may prescribe the form and content of the application.
(b)  A written agreement containing the name, signature, address, and number of acres for each participating landowner included in a hunting cooperative must be attached to the application for a hunting lease license for a hunting lease that is a hunting cooperative.
Added by Acts 1989, 71st Leg., ch. 512, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 805, Sec. 2, eff. Sept. 1, 1991.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter D. Hunting Lease Licenses › Section 43.0432. Wildlife Management Association Area Hunting Lease Licenses

Sec. 43.0432.  WILDLIFE MANAGEMENT ASSOCIATION AREA HUNTING LEASE LICENSES.  (a)  The owner of a tract of land included in a wildlife management association area under Section 81.301 of this code may apply for a wildlife management association area hunting lease license for that tract of land.
(b)  A wildlife management association area hunting lease license applies only to the tract of land for which it is issued.
(c)  Except as inconsistent with this section, this subchapter applies to a wildlife management association area hunting lease license in the same manner that it applies to a hunting lease license.
Added by Acts 1993, 73rd Leg., ch. 418, Sec. 1, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 635, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter D. Hunting Lease Licenses › Section 43.044. License Fees

Sec. 43.044.  LICENSE FEES.  (a)  The fees for hunting lease licenses, other than hunting leases that are hunting cooperatives, are determined by the following schedule or determined by the commission, whichever amount is more:
(1)  $15 if the area of the hunting lease is less than 500 acres;
(2)  $40 if the area of the hunting lease is 500 acres or more but less than 1,000 acres;  and
(3)  $60 if the area of the hunting lease is 1,000 acres or more.
(b)  The fee for a license for a hunting lease that is a hunting cooperative is as follows:
(1)  $60 + $5 per participating landowner if the area of the hunting lease is less than 10,000 acres;
(2)  $120 + $5 per participating landowner if the area of the hunting lease is between 10,000 and 50,000 acres;  and
(3)  $240 + $5 per participating landowner if the area of the hunting lease is over 50,000 acres.
(c)  The fee for a wildlife management association area hunting lease license is:
(1)  $30 + $5 per participating landowner if the area of the wildlife management association is less than 10,000 acres;
(2)  $60 + $5 per participating landowner if the area of the wildlife management association is between 10,000 and 50,000 acres;  and
(3)  $120 + $5 per participating landowner if the area of the wildlife management association is over 50,000 acres.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3, eff. Sept. 1, 1975;  Acts 1983, 68th Leg., p. 1329, ch. 277, Sec. 12, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 22, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 512, Sec. 1, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 856, Sec. 2, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 16, Sec. 15.03, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 805, Sec. 3 eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 418, Sec. 2, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 635, Sec. 5, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter D. Hunting Lease Licenses › Section 43.045. Duration of License

Sec. 43.045.  DURATION OF LICENSE.  A hunting lease license is valid for the period from September 1 or another date set by the commission 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 subchapter and provide for a license term for a transition period that is shorter or longer than a year.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3, eff. Sept. 1, 1975;  Acts 1989, 71st Leg., ch. 512, Sec. 1, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 931, Sec. 20, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter D. Hunting Lease Licenses › Section 43.055. Penalty

Sec. 43.055.  PENALTY.  A person who violates any provision of this subchapter or who fails to comply with any provision of this subchapter 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.  Renumbered from Sec. 43.057 and amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 813, ch. 303, Sec. 2, eff. Aug. 29, 1977;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 21, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 512, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter E. Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds › Section 43.061. Trapping, Transporting, and Transplanting Game Animals and Game Birds; Permit Required

Sec. 43.061.  TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME ANIMALS AND GAME BIRDS;  PERMIT REQUIRED.  (a)  No person may capture, transport, or transplant any game animal or game bird from the wild in this state unless that person has obtained a permit to trap, transport, and transplant from the department.
(b)  The department may issue permits for trapping, transporting, and transplanting game animals or game birds from the wild to allow adjustments in game populations for better wildlife management.  The permits may be issued only if recommended by separate wildlife stocking plans approved by the department for both the origin and the destination of the game animals or game birds.
(c)  The state is not liable for and may not incur any expense for the trapping, transporting, and transplanting of game animals and game birds under a permit issued under this section.
(d)  A person receiving a permit under this section commits an offense if that person does not comply with the conditions listed on the permit, including conditions designed to minimize stress and maximize the humane treatment of trapped or transplanted animals and to minimize human health and safety risks.
(e)  This section does not apply to any game animals or game birds that are possessed or propagated under a license or permit issued for that activity under another section of this code or to an activity conducted under a permit issued under Section 43.0611.
(f)  The commission by rule may set fees for review of permit applications or other department actions necessary to implement this section.  If the permit authorizes the applicant to trap, transport, and transplant squirrels that are causing damage to personal property, the applicant is exempt from the payment of the fee.
(g)  The commission shall adopt rules for the content of wildlife stocking plans, certification of wildlife trappers, and the trapping, transporting, and transplanting of game animals and game birds under this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1995, 74th Leg., ch. 927, Sec. 8, eff. Dec. 1, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter E. Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds › Section 43.0611. Urban White-Tailed Deer Removal; Permit Required

Sec. 43.0611.  URBAN WHITE-TAILED DEER REMOVAL;  PERMIT REQUIRED.  (a)  The department may issue to an individual an urban white-tailed deer removal permit for the trapping, transporting, and transplanting of white-tailed deer if the individual shows to the department's satisfaction that:
(1)  there is an overpopulation of the deer in an area where deer hunting is inadequate, because of human health or safety concerns, for maintaining a balanced population of deer;
(2)  the deer will be removed and transplanted to an area of adaptable natural habitat capable of sustaining the additional deer without exceeding the capacity of the habitat;  and
(3)  the deer will be subject to lawful hunting after the relocation.
(b)  The state is not liable for and may not incur any expense for the trapping, transporting, and transplanting of white-tailed deer under a permit issued under this section.
(c)  The commission by rule may set fees for review of permit applications or other department actions necessary to implement this section.  If the permit authorizes the applicant to remove white-tailed deer only from property owned by a political subdivision or institution of higher education of this state, the applicant is exempt from the payment of the fee.
(d)  A person holding a permit issued under this section commits an offense if that person does not comply with conditions listed on the permit, including conditions designed to minimize stress and maximize the humane treatment of trapped or transplanted animals and that minimize human health and safety risks.
(e)  The department may establish times when only department staff may trap, transport, or transplant deer under this section.
(f)  Permits issued under this section do not entitle a person to take, trap, or possess white-tailed deer on any privately owned land without the landowner's written permission.
(g)  The commission shall adopt rules for fees, applications, and activities, including limitations on the times of the activities, relating to permits for trapping, transporting, or transplanting white-tailed deer.
Added by Acts 1995, 74th Leg., ch. 927, Sec. 9, eff. Dec. 1, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter E. Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds › Section 43.062. Penalty

Sec. 43.062.  PENALTY.  (a)  Except as provided by Subsection (b), a person who violates any provision of this subchapter or the terms of a permit issued under this subchapter commits an offense that is a Class B Parks and Wildlife Code misdemeanor.
(b)  A person commits an offense that is a Class C Parks and Wildlife Code misdemeanor if the person violates:
(1)  a rule relating to a reporting requirement for a permit issued under this subchapter; or
(2)  a term of a permit issued under this subchapter that relates to a reporting requirement.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 22, eff. Sept. 1, 1985.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 792 (S.B. 1432), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1025 (H.B. 2649), Sec. 1, eff. June 14, 2013.