reglab/statecodes huggingface dataset:
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 61.103. Adoption of Proclamations

Sec. 61.103.  ADOPTION OF PROCLAMATIONS.  (a)  A proclamation under this chapter must be adopted by a quorum of the commission at a meeting of the commission held in the commission's office in Austin.
(b)  A proclamation may be adopted at any special or regular meeting of the commission, for which the date and time are designated by the commission.
(c)  Any person interested in a proclamation is entitled to be heard at the meeting and may introduce evidence on the imminence of depletion or waste.
(d)  For the purpose of adopting a proclamation under this chapter, a quorum of the commission is five members.
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. 60, eff. Sept. 1, 1985.
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 61.104. Effective Date and Duration of Proclamations

Sec. 61.104.  EFFECTIVE DATE AND DURATION OF PROCLAMATIONS.  (a)  Except as provided in Subsection (b) of this section, a proclamation takes effect at the time determined by the commission.  The time designated by the commission may not be earlier than 20 days after the day the proclamation is adopted by the commission.
(b)  If the commission finds that there is an immediate danger of depletion in any area as to a species, the commission may declare a state of emergency, and a proclamation issued under the state of emergency takes effect on issuance.
(c)  A proclamation of the commission continues in effect until it expires by its own terms or until it is amended or repealed.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art. 2, Sec. 1, eff. Sept. 1, 1979.
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 61.106. Judicial Review of Proclamation

Sec. 61.106.  JUDICIAL REVIEW OF PROCLAMATION.  (a)  The venue for any suit challenging the validity of a proclamation of the commission under this chapter is in Travis County.
(b)  The party complaining of a proclamation has the burden of proof to show invalidity.
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 E. Provisions Affecting Limited Areas › Section 61.201. Livingston Dam Fishing Platform

Sec. 61.201.  LIVINGSTON DAM FISHING PLATFORM.  (a)  No person may permanently anchor a barge, boat, or other fishing platform on the Trinity River downstream from the Livingston Dam within the area between the restricted area boundary that is 1,000 feet from the dam and a point 1,500 feet downstream from the dam.  A barge, boat, or other fishing platform is considered permanently anchored if it is anchored in the described area:
(1)  for more than 10 hours in a 24-hour period without moving 100 feet or more during that time;  or
(2)  for five or more consecutive days, whether or not it has been moved.
(b)  No person may leave a barge, boat, or other fishing platform unattended for any period of time if the barge, boat, or platform is within the area described in Subsection (a) of this section.
(c)  A barge, boat, or other fishing platform that is left unattended for any period of time within the area described in Subsection (a) of this section may be impounded and may be reclaimed only by payment of both the fine imposed under this chapter and the cost of impoundment.
(d)  Property impounded under this section that has not been claimed within the time period specified in Section 683.002, Transportation Code, for disposition of an abandoned automobile is considered abandoned and may be disposed of in the same manner as an abandoned automobile in accordance with Chapter 683 of that code.
Text of subsection effective until January 01, 2025
(e)  This section may be enforced by any peace officer listed in Article 2.12, Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
(e)  This section may be enforced by any peace officer listed in Article 2A.001, Code of Criminal Procedure.
Added by Acts 1993, 73rd Leg., ch. 130, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.234, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.160, eff. January 1, 2025.
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 E. Provisions Affecting Limited Areas › Section 61.204. Bighorn Sheep Cooperative Agreements

Sec. 61.204.  BIGHORN SHEEP COOPERATIVE AGREEMENTS.  The department may enter into cooperative agreements with landowners for the purpose of restoring, protecting, and managing bighorn sheep.  A cooperative agreement may provide that any person holding a valid bighorn sheep hunting permit may hunt on land owned by the landowner and covered by the cooperative agreement.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 61, eff. Sept. 1, 1985.
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 E. Provisions Affecting Limited Areas › Section 61.205. Bighorn Sheep Hunting Permits

Sec. 61.205.  BIGHORN SHEEP HUNTING PERMITS.  (a)  No person may hunt a bighorn sheep without first having acquired a bighorn sheep hunting permit issued by the department on a form provided by the department.  A holder of a bighorn sheep hunting permit may hunt only on those lands for which the permit is valid.
(b)  The permit may be distributed by the department or by a party to a cooperative agreement with the department for the restoration, protection, and management of bighorn sheep.  A party to a cooperative agreement may distribute permits only for land that he owns or is in charge of or that is designated in the cooperative agreement.
(c)  Permits distributed by the department shall be distributed to parties to a cooperative agreement and other members of the public by means of a fair method, subject to the limitations of the maximum number of permits to be issued.
(d)  The department may authorize the sale, trade, auction, or donation of a bighorn sheep hunting permit if the proceeds of the sale, trade, auction, or donation are used to restore, protect, or manage bighorn sheep.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 61, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 82, 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 E. Provisions Affecting Limited Areas › Section 61.206. Bighorn Sheep Identification

Sec. 61.206.  BIGHORN SHEEP IDENTIFICATION.  A person may not possess a mounted or unmounted head of a bighorn sheep taken in this state unless identification items and tags are attached as prescribed by the commission.  The commission may establish fees for tags or other identification items issued under this section.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 61, eff. Sept. 1, 1985.
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 F. Penalties › Section 61.901. Penalties

Sec. 61.901.  PENALTIES.  (a)  Except as provided in this section, a person who violates any provision of this chapter or any proclamation or regulation of the commission issued under the authority of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b)  A person who violates a proclamation of the commission relating to the daily catch, retention, and size limits for redfish or speckled sea trout taken for noncommercial purposes is guilty of an offense and is punishable for the first and subsequent offenses by the penalties prescribed by Sections 66.2011(d) and 66.218 of this code.
(c)  Repealed by Acts 2005, 79th Leg., Ch. 992, Sec. 32(1), eff. June 18, 2005.
(d)  If it is shown at the trial of the defendant for a violation of a proclamation of the commission that regulates the use and possession of nets, seines, trawls, traps, or other devices used for catching aquatic life, except shrimp, in the inside water of this state that he has been convicted within five years before the trial date of a violation of the proclamation for which he is being prosecuted, on conviction he shall be punished for a Class B Parks and Wildlife Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 381, ch. 190, Sec. 1, 2, eff. May 20, 1977;  Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 4, eff. Aug. 31, 1981;  Acts 1981, 67th Leg., p. 2698, ch. 735, Sec. 1, eff. Aug. 31, 1981;  Acts 1981, 67th Leg., p. 2740, ch. 748, Sec. 4, eff. Sept. 1, 1981;  Acts 1983, 68th Leg., p. 970, ch. 229, Sec. 3, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 39, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 32(1), eff. June 18, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.001. Definitions

Sec. 62.001.  DEFINITIONS.  For the purpose of enforcement of the game laws of this state:
(1)  "Closed season" means the period of time during which it is unlawful to hunt a game animal, wild fowl, or bird.
(2)  "Open season" means the period of time during which it is lawful to hunt a specified animal, game animal, wild fowl, or bird.
(3)  "Public road or right-of-way" means a public street, alley, road, right-of-way, or other public way, including a berm, ditch, or shoulder.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 43, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.002. Computer-Assisted Remote Hunting

Sec. 62.002.  COMPUTER-ASSISTED REMOTE HUNTING.  (a)  In this section:
(1)  "Computer-assisted remote hunting" means the use of a computer or any other device, equipment, or software, to remotely control the aiming and discharge of archery equipment, a crossbow, or a firearm to hunt an animal, including a bird.
(2)  "Firearm" and "archery equipment" have the meanings assigned by Section 62.014.
(b)  A person may not engage in computer-assisted remote hunting or provide or operate facilities for computer-assisted remote hunting if the animal being hunted is located in this state.
(c)  For purposes of this section, facilities for computer-assisted remote hunting include real property and improvements on the property associated with hunting, including hunting blinds, offices, and rooms equipped to facilitate computer-assisted remote hunting.
(d)  A person who violates this section commits an offense that is a Class B Parks and Wildlife Code misdemeanor, unless it is shown at the trial of the defendant that the defendant has been convicted one or more times before the trial date of a violation of this section, in which case the offense is a Class A Parks and Wildlife Code misdemeanor.
(e)  It is an exception to the application of this section that a person provides only:
(1)  general-purpose equipment, including a computer, camera, fencing, and building materials;
(2)  general-purpose computer software including an operating system and communications programs; or
(3)  general telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with Internet access.
Added by Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 22, eff. June 18, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.003. Hunting From Vehicles

Sec. 62.003.  HUNTING FROM VEHICLES.  (a)  Except as provided in Subsection (b), no person may hunt any wild bird or wild animal, other than an alligator, frog, or turtle, from any type of aircraft or airborne device, motor vehicle, powerboat, or sailboat, or from any other floating device.
(b)  Animals and birds not classified as migratory may be hunted from a motor vehicle, powerboat, or sailboat, or from any other floating device within the boundaries of private property or upon private water by a person who is legally on the property or water for the purpose of hunting if no attempt is made to hunt any wild bird or wild animal on any part of the road system of this state.
(c), (d) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2698, ch. 735, Sec. 3, eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 23, eff. June 18, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.0031. Hunting From Public Road or Right-of-Way Prohibited

Sec. 62.0031.  HUNTING FROM PUBLIC ROAD OR RIGHT-OF-WAY PROHIBITED.  (a)  Except as provided by Subsections (b) and (c), a person may not hunt a wild animal or bird when the person is on a public road or right-of-way.
(b)  This section does not apply to:
(1)  the trapping of a raptor for educational or sporting purposes as provided by Chapter 49; or
(2)  an employee of the department taking wildlife as provided by Section 12.013(c).
(c)  A person may capture by nonlethal means reptiles and amphibians on the shoulder of a road, as defined by Section 541.302, Transportation Code, or the unpaved area of a public right-of-way if the person:
(1)  possesses a reptile and amphibian stamp issued to the person by the department and does not use a trap; or
(2)  is described by Section 43.905.
(d)  A person must wear reflective clothing when engaging in the capture by nonlethal means of a reptile or amphibian under a stamp issued by the department.  The clothing must have at least 144 square inches of reflective material on both the front and back of the clothing.
(e)  A person may not use an artificial light from a motor vehicle in locating, capturing, or attempting to capture a reptile or amphibian under Subsection (c).
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 44, eff. June 15, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1351 (H.B. 1788), Sec. 2, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 188 (H.B. 3065), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.004. Hunting at Night

Sec. 62.004.  HUNTING AT NIGHT.  No person may hunt any wild bird, wild game bird, wild fowl, or wild game animal protected by this code at any season of the year between one-half hour after sunset and one-half hour before sunrise.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2699, ch. 735, Sec. 4, eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 40, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.005. Hunting With Light

Sec. 62.005.  HUNTING WITH LIGHT.  Except as provided by Section 62.0055 or 62.0056, no person may hunt a game animal or bird protected by this code with the aid of an artificial light that casts or reflects a beam of light onto or otherwise illuminates the game animal or bird, including the headlights of a motor vehicle.
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. 110, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1256, Sec. 83, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 603 (H.B. 308), Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 111 (H.B. 1805), Sec. 1, eff. May 23, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.0055. Hunting With Laser Sighting Device by Legally Blind Hunter

Sec. 62.0055.  HUNTING WITH LASER SIGHTING DEVICE BY LEGALLY BLIND HUNTER.  (a)  In this section, "legally blind" has the meaning assigned by Section 62.104, Government Code.
(b)  A legally blind hunter may use a laser sighting device during regular hunting hours when assisted by a person who:
(1)  is not legally blind;
(2)  has a hunting license;  and
(3)  is at least 13 years of age.
(c)  The legally blind hunter must carry proof of being legally blind.
(d)  Section 62.014 applies to a hunter under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 603 (H.B. 308), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.0056. Hunting With Laser Sighting Device by Hunters With Certain Disabilities

Sec. 62.0056.  HUNTING WITH LASER SIGHTING DEVICE BY HUNTERS WITH CERTAIN DISABILITIES.  (a)  In this section, "person with a physical disability" means a person with a documented permanent physical disability that renders the person incapable of using a traditional firearm sighting device.  A physician's or optometrist's statement certifying the extent of the disability is sufficient documentation.
(b)  A hunter who is a person with a physical disability may use a laser sighting device during lawful hunting hours in open seasons when assisted by a person who:
(1)  is not a person with a physical disability;
(2)  has a hunting license;  and
(3)  is at least 13 years of age.
(c)  The hunter who is a person with a physical disability must carry proof of the disability.
(d)  Section 62.014 applies to a hunter under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 111 (H.B. 1805), Sec. 2, eff. May 23, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.006. Hunting for Hire

Sec. 62.006.  HUNTING FOR HIRE.  (a)  No person may employ another person or be employed by another person for compensation or promise of compensation to hunt any bird, wild fowl, or game animal protected by this code.
(b)  If a person testifies against another person who employed him in violation of this section, all prosecutions against him in the case in which he testifies shall be dismissed.
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. 41, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.0061. Hunting on or Over Certain Submerged Land

Sec. 62.0061.  HUNTING ON OR OVER CERTAIN SUBMERGED LAND.  (a)  Except as provided by Subsection (b), a person may not hunt or take any wild animal or wild bird when the person is on or over privately owned land that is:
(1)  submerged under:
(A)  public fresh water due to seasonal or occasional innundation; or
(B)  public salt water and located above the mean high tide line of the Gulf of Mexico and its bays and estuaries; and
(2)  conspicuously marked as privately owned by a sign or signs that are substantially similar to the following:
POSTED.  PRIVATE PROPERTY.  NO HUNTING.
(b)  This section does not apply to:
(1)  fishing or to fish and other aquatic life;
(2)  a person who:
(A)  owns the submerged land; or
(B)  obtains the landowner's consent;
(3)  land that is dedicated to the permanent school fund and that is located within:
(A)  the tidewater limits of this state; or
(B)  the gradient boundaries of a navigable river or stream in this state; or
(4)  land that is:
(A)  submerged by public water; and
(B)  located below the mean high tide line of the Gulf of Mexico and its bays and estuaries.
(c)  This section does not authorize a person to fish by any means or method or at any time or place that is otherwise prohibited by this code.
Added by Acts 2005, 79th Leg., Ch. 1002 (H.B. 506), Sec. 1, eff. September 1, 2005.
Renumbered from Parks and Wildlife Code, Section 62.002 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(60), eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.0065. Hunting Deer With Dogs

Sec. 62.0065.  HUNTING DEER WITH DOGS.  (a)  Except as provided by Subsection (d), a person may not recklessly use a dog to hunt or pursue a deer in this state.
(b)  Subject to Subsection (a), the commission by rule may prescribe the type of firearm that may be possessed during an open deer season by a person who is in actual or constructive possession of a dog while in the field on another person's land or property in Angelina, Hardin, Harris, Harrison, Houston, Jasper, Jefferson, Liberty, Montgomery, Nacogdoches, Newton, Orange, Panola, Polk, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler, or Walker County.
(c)  It is not a defense to prosecution under Subsection (a) or to prosecution for violation of a rule adopted under Subsection (b) that the defendant was not the owner or in immediate possession of the dog or that the offense or violation was committed without the effective consent of the dog's owner.
(d)  The commission by rule may authorize the use of dogs to trail wounded deer.
Added by Acts 2005, 79th Leg., Ch. 989 (H.B. 1959), 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 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.007. Stopping for Search

Sec. 62.007.  STOPPING FOR SEARCH.  (a)  An authorized employee of the department may search the game bag, receptacle, automobile, or other vehicle if he has reason to believe that the bag, receptacle, automobile, or vehicle contains game unlawfully killed or taken.
(b)  A person who refuses to allow a search or refuses to stop a vehicle when requested to do so by an authorized employee commits an offense.
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. 42, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.008. Prima Facie Evidence

Sec. 62.008.  PRIMA FACIE EVIDENCE.  Except as provided in Subchapter B of this chapter, possession of a wild game bird, wild game animal, or other species of protected wildlife, whether dead or alive, during a time when the hunting of the animal, bird, or species is prohibited is prima facie evidence of the guilt of the person in possession.
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 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.009. Purchase for Evidence

Sec. 62.009.  PURCHASE FOR EVIDENCE.  A person who, for the purpose of establishing testimony, purchases a game bird or animal whose sale is prohibited by this code, is immune from prosecution for the purchase.  A conviction for the unlawful sale of game may be sustained on the uncorroborated testimony of the purchaser.
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 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.010. Exceeding Bag Limits, Hunting During Closed Season, Etc

Sec. 62.010.  EXCEEDING BAG LIMITS, HUNTING DURING CLOSED SEASON, ETC.;  PENALTY.  (a)  No person may kill or take more than the daily, weekly, or seasonal bag limits for game birds or animals as set out in this code.
(b)  No person may hunt any game bird or animal at any time of the year other than during the open season provided by this code.
(c)  No person may kill, take, capture, wound, or shoot at any game bird or animal for which no open season is set out by this code.
(d)  No person may possess an illegally killed game bird or animal.
(e)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
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. 110, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.011. Retrieval and Waste of Game

Sec. 62.011.  RETRIEVAL AND WASTE OF GAME.  (a)  Except as provided by Subsection (c), it is an offense if a person while hunting kills or wounds a game bird or game animal and intentionally or knowingly fails to make a reasonable effort to retrieve the animal or bird and include it in the person's daily or seasonal bag limit.
(b)  Except as provided by Subsection (c), it is an offense if a person intentionally takes or possesses a game bird, game animal, or fish and intentionally, knowingly, recklessly, or with criminal negligence fails to keep the edible portions of the bird, animal, or fish in an edible condition.
(c)  It is an offense if a person while hunting kills or wounds a desert bighorn sheep, pronghorn antelope, mule deer, or white-tailed deer in violation of Section 61.022, 62.003, 62.0031, 62.004, or 62.005 and intentionally or knowingly fails to make a reasonable effort to retrieve the animal or intentionally, knowingly, recklessly, or with criminal negligence fails to keep the edible parts of the animal in an edible condition.
(d)  In this section:
(1)  "Edible condition" means fit for human consumption.  The term does not include any portion of a game bird, game animal, or fish that is:
(A)  bruised by bullet, shot, or arrow, or otherwise destroyed as a result of harvest;
(B)  decayed or rotting; or
(C)  obviously infected or diseased.
(2)  "Edible parts" means the meaty portions of a carcass that are retained for consumption after quartering as defined in Section 42.001(8).
Acts 1975, 64th Leg., p. 1214, ch. 456, Sec. 15, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 1, eff. Sept. 1, 1985;  Acts 1999, 76th Leg., ch. 959, Sec. 7, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 138 (S.B. 1121), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.012. Written Consent to Hunt or Target Shoot Required

Sec. 62.012.  WRITTEN CONSENT TO HUNT OR TARGET SHOOT REQUIRED.  (a)  This section applies only to a county having a population of 3.3 million or more.  This section does not apply to a person hunting or target shooting on a public or private shooting range.
(b)  Except as provided by Subsection (d) of this section, no person possessing a firearm may hunt a wild animal or wild bird, or engage in target shooting on land owned by another unless the person has in his immediate possession the written consent of the owner of the land to hunt or engage in target shooting on the land.
(c)  To be valid, the written consent required by Subsection (b) of this section must:
(1)  contain the name of the person permitted to hunt or engage in target shooting on the land;
(2)  identify the land on which hunting or target shooting is permitted;
(3)  be signed by the owner of the land or by an agent, lessee, or legal representative of the owner;  and
(4)  show the address and phone number of the person signing the consent.
(d)  The owner of the land on which hunting or target shooting occurs, the landowner's lessee, agent, or legal representative, and a person hunting or target shooting with the landowner or the landowner's lessee, agent, or legal representative are not required to have in their possession the written consent required by Subsection (b) of this section.
(e)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
Added by Acts 1981, 67th Leg., p. 989, ch. 371, Sec. 1, eff. Aug. 31, 1981.  Amended by Acts 1983, 68th Leg., p. 4590, ch. 773, Sec. 1, eff. Aug. 29, 1983;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 669, Sec. 116, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.0121. Discharge of Firearm Across Property Line

Sec. 62.0121.  DISCHARGE OF FIREARM ACROSS PROPERTY LINE.  (a)  In this section, "firearm" has the meaning assigned by Section 62.014(a).
(b)  A person commits an offense if:
(1)  the person, while hunting or engaging in recreational shooting, knowingly discharges a firearm; and
(2)  the projectile from the firearm travels across a property line.
(c)  It is a defense to prosecution under this section that the person:
(1)  owns the property on both sides of each property line crossed by the projectile; or
(2)  has a written agreement with any person who owns property on either side of each property line crossed by the projectile that allows the person to discharge a firearm on, over, or across the property or property line.
(d)  The written agreement required under Subsection (c)(2) must:
(1)  contain the name of the person allowed to hunt or engage in recreational shooting in a manner described by Subsection (b);
(2)  identify the property on either side of the property line crossed by the projectile; and
(3)  be signed by any person who owns the property on either side of the line crossed by the projectile.
(e)  An offense under this section is a Class C Parks and Wildlife Code misdemeanor.
(f)  If conduct constituting an offense under this section constitutes an offense under a section of the Penal Code, the person may be prosecuted under either section or both sections.
Added by Acts 2005, 79th Leg., Ch. 270 (H.B. 505), 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 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.0125. Harassment of Hunters, Trappers, and Fishermen

Sec. 62.0125.  HARASSMENT OF HUNTERS, TRAPPERS, AND FISHERMEN.  (a)  This section may be cited as the Sportsman's Rights Act.
(b)  In this section:
(1)  "Wildlife" means all species of wild mammals, birds, fish, reptiles, or amphibians.
(2)  "Process of hunting or catching" means any act directed at the lawful hunting or catching of wildlife, including camping or other acts preparatory to hunting or catching of wildlife that occur on land or water on which the affected person has the right or privilege of hunting or catching that wildlife.
(c)  No person may intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife.
(d)  No person may intentionally harass, drive, or disturb any wildlife for the purpose of disrupting a person lawfully engaged in the process of hunting or catching wildlife.
(e)  No person may enter or remain on public land or enter or remain on private land without the landowner's or his agent's consent if the person intends to disrupt another person lawfully engaged in the process of hunting or catching wildlife.
(f)  This section does not apply to a peace officer of this state, a law enforcement officer of the United States, a member of the armed forces of the United States or of this state, or employees of the department or other state or federal agencies having statutory responsibility to manage wildlife or land during the time that the officer, member, or employee is in the actual discharge of official duties.
(g)  A person who violates this section commits an offense.  An offense under this section is a Class B misdemeanor.
(h)  It is an affirmative defense to prosecution that the defendant's conduct is protected by the right to freedom of speech under the constitution of this state or the United States.
Added by Acts 1985, 69th Leg., ch. 731, Sec. 1, eff. Aug. 26, 1985.  Amended by Acts 1993, 73rd Leg., ch. 700, Sec. 1, eff. Sept. 11, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.013. Penalties

Sec. 62.013.  PENALTIES.  (a)  Except as provided by Subsections (b) and (c) of this section, a person who violates a provision of this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b)  A person who violates Section 62.003, 62.004, 62.005, 62.0065, 62.011(c), or 350.001 or a rule adopted under Section 62.0065 commits an offense that is a Class A Parks and Wildlife Code misdemeanor, unless it is shown at the trial of the defendant for a violation of that section or rule, as appropriate, that the defendant has been convicted one or more times before the trial date of a violation of that section or rule, as appropriate, in which case the offense is a Parks and Wildlife Code state jail felony.
(c)  In addition to the punishments provided in Subsections (a) and (b), a person who violates Section 62.003, 62.004, 62.005, 62.0065, 62.011(c), or 350.001 or a rule adopted under Section 62.0065 is punishable by the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 43, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 738, Sec. 1, eff. Sept. 1, 1989;  Acts 1999, 76th Leg., ch. 959, Sec. 8, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 989 (H.B. 1959), Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1156 (H.B. 3144), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 19.002, eff. September 1, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.015. Hunting and Possession of Exotic Animals

Sec. 62.015.  HUNTING AND POSSESSION OF EXOTIC ANIMALS.  (a)  In this section, "exotic animal" means exotic livestock or exotic fowl as defined by Section 161.001(a), Agriculture Code, aoudad sheep, or elk.
(b)  No person on a public road or on the right-of-way of a public road may hunt an exotic animal.
(c)  No person may hunt on the land of another for an exotic animal without the express consent of the owner of the land to hunt for exotic animals.
(d)  Except as provided in Subsections (e) and (f) of this section, no person may possess an exotic animal or the carcass of an exotic animal.
(e)  Subsection (d) of this section does not apply to the owner or employee of the owner of the exotic animal, a person who holds a permit for the management of wildlife or exotic animals by the use of aircraft under Subchapter G, Chapter 43, of this code, a public health officer, a law enforcement officer, or a veterinarian.
(f)  It is an affirmative defense to a prosecution under Subsection (d) of this section that the person possessed the exotic animal or the carcass of the exotic animal with the knowledge and consent of the owner.
(g)  A person who violates this section commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 477, Sec. 1, eff. Aug. 26, 1985.  Renumbered from Sec. 62.013 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(28), eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 424, Sec. 2, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 969, Sec. 12, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 863, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.016. Competitive Hunting Dog Events

Sec. 62.016.  COMPETITIVE HUNTING DOG EVENTS.  The department may permit a person to hold or participate in a competitive hunting dog field trial, in an area controlled by the department and designated by the commission as a public hunting area if:
(1)  a participant in the event is prohibited from:
(A)  using a firearm in the event;  or
(B)  taking the wildlife that is the object of the event;  and
(2)  the event does not deter other persons from hunting during a designated hunting season.
Added by Acts 1995, 74th Leg., ch. 372, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter A. General Provisions › Section 62.017. Disposition of Seized Property

Sec. 62.017.  DISPOSITION OF SEIZED PROPERTY.  (a)  If a person is finally convicted of an offense under Section 61.022, 62.003, 62.004, 62.005, 62.0065, or 62.011(c), or violation of a rule adopted under Section 62.0065, the court entering judgment of conviction may order any weapon or other personal property used in the commission of the offense or violation destroyed or forfeited to the department.
(b)  If the department receives a forfeiture order from a court as authorized by this section, the department may:
(1)  use the property in its normal operation;
(2)  sell or transfer the property;  or
(3)  destroy the property.
(c)  This section does not apply to a vehicle, aircraft, vessel, or dog.
(d)  If the disposition of property under this section is by sale of the property, the sale proceeds shall be deposited in the game, fish, and water safety account.
Added by Acts 1999, 76th Leg., ch. 851, Sec. 3, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 959, Sec. 9, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 15.001, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 989 (H.B. 1959), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter B. Sale, Transportation, and Storage of Game › Section 62.021. Sale or Purchase of Certain Game

Sec. 62.021.  SALE OR PURCHASE OF CERTAIN GAME.  (a)  Except as provided by Subsection (c), no person may sell, offer for sale, purchase, offer to purchase, or possess after purchase a wild bird, game bird, or game animal, dead or alive, or part of the bird or animal.
(b)  This section applies only to a bird or animal protected by this code without regard to whether the bird or animal is taken or killed in this state.
(c)  This section does not prohibit the sale of:
(1)  a live game animal, a dead or live game bird, or the feathers of a game bird if the sale is conducted under authority of a license or permit issued under this code; or
(2)  the following inedible parts:
(A)  an inedible part, including the feathers, bones, or feet, of a game bird other than a migratory game bird that was lawfully taken or is lawfully possessed;
(B)  the hair, hide, antlers, bones, horns, skull, hooves, or sinew, as applicable, of a deer, pronghorn antelope, desert bighorn sheep, collared peccary or javelina, red squirrel, or gray squirrel; or
(C)  the feathers of a migratory game bird in accordance with federal law.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2699, ch. 735, Sec. 5, eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 44, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1256, Sec. 86, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 12, eff. September 1, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter B. Sale, Transportation, and Storage of Game › Section 62.023. Sale by Taxidermist

Sec. 62.023.  SALE BY TAXIDERMIST.  (a)  If the owner of a lawfully taken game animal or game bird, including the head or hide of a lawfully taken game animal or game bird that has been mounted or tanned, has not claimed the mounted game animal, game bird, or head or the tanned hide within 90 days after notification by a taxidermist or tanner, the taxidermist or tanner may sell the mounted game animal, game bird other than a migratory game bird, or head or tanned hide for the amount due for labor performed.
(b)  Repealed by Acts 2005, 79th Leg., Ch. 992, Sec. 32(2), eff. June 18, 2005.
(c)  A taxidermist or tanner selling a mounted game animal, game bird, or head or tanned hide under this section shall maintain, until the second anniversary of the completion of the taxidermy  or tanning, documentation of the identity of the person who left the game animal, game bird, head, or hide for taxidermy or tanning.  Documentation under this section may include a hunting tag, wildlife resource document, or cold storage record.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 24, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 32(2), eff. June 18, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter B. Sale, Transportation, and Storage of Game › Section 62.024. Importation of Game

Sec. 62.024.  IMPORTATION OF GAME.  No person may bring into this state any bird or animal protected by this code during the closed season for that bird or animal except as provided by this code.
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. 45, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter B. Sale, Transportation, and Storage of Game › Section 62.025. Importation of Game

Sec. 62.025.  IMPORTATION OF GAME.  No person may bring into this state a bird or animal protected by this code for sale, barter, exchange, or shipment for sale during the open season for that bird or animal except as provided in Section 62.026 of this code.
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. 46, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter B. Sale, Transportation, and Storage of Game › Section 62.026. Importation of Protected Wildlife From Mexico

Sec. 62.026.  IMPORTATION OF PROTECTED WILDLIFE FROM MEXICO.  (a)  It is lawful to ship or bring any wild game birds, wild game animals, or other protected species of wildlife from the Republic of Mexico into this state at any season if the person importing the wildlife has obtained:
(1)  Repealed by Acts 1979, 66th Leg., p. 550, ch. 260, art. 5, Sec. 1(1), eff. Sept. 1, 1979.
(2)  a statement from the United States Customs Officer at the port of entry showing that the wildlife was brought from the Republic of Mexico.
(b)  to (d) Repealed by Acts 1979, 66th Leg., p. 550, ch. 260, art. 5, Sec. 1(1), eff. Sept. 1, 1979.
(e)  The department may prescribe reasonable rules and regulations for the importation of wild game birds, wild game animals, and other protected species of wildlife, and the number of each species that may be imported during a calendar week under this section.
(f)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 550, ch. 260, art. 5, Sec. 1(1), eff. Sept. 1, 1979;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 62 - Provisions Generally Applicable to Hunting › Subchapter B. Sale, Transportation, and Storage of Game › Section 62.0265. Transportation of Wild Animals and Birds

Sec. 62.0265.  TRANSPORTATION OF WILD ANIMALS AND BIRDS.  (a)  A person may transport or ship to and from a taxidermist or tannery for mounting or preserving purposes or to his home, a specimen or part of a specimen of a wild bird or wild animal of this state, if the bird or animal was lawfully taken by the person, and if the specimen is not for sale.
(b)  This section does not prohibit the transportation of a specimen and parts of a specimen as permitted under Sections 62.021 and 62.022 of this code.
Added by Acts 1977, 65th Leg., p. 610, ch. 221, Sec. 1, eff. May 24, 1977.