reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.103. Entering Land; Use of Information Obtained by Entry; Civil Penalty

Sec. 12.103.  ENTERING LAND;  USE OF INFORMATION OBTAINED BY ENTRY;  CIVIL PENALTY.  (a)  To enforce the game and fish laws of the state and to conduct scientific investigations and research regarding wild game or fish, an authorized employee of the department may enter on any land or water where wild game or fish are known to range or stray.  No action may be sustained against an employee of the department to prevent his entering on land or water when acting in his official capacity as described by this subsection.
(b)  Except as provided by Subsection (d) or (d-1), the department may use information collected by an employee of the department on privately owned land only for the purposes of scientific investigations and research described in Subsection (a) and only if authorized in writing by the landowner or the landowner's agent.  Unless the department first obtains the written consent of the landowner or the landowner's agent, the department may not:
(1)  use other incidental information obtained on the land that does not pertain directly to the investigation or research authorized under Subsection (a); or
(2)  enter or permit the entry of any information that does not pertain directly to the investigation or research authorized under Subsection (a), into a database:
(A)  maintained by the department and available to a person other than a department employee;
(B)  maintained by a natural heritage program administered by the department; or
(C)  established and maintained by any other person.
(c)  Except as provided by Subsection (d) or (d-1), information collected under this section may only be reported or compiled in a manner that prevents the identification of an individual parcel or specific parcels of private property without the written consent of the landowner or the landowner's agent.
(d)  The department may collect and enter data as necessary relating to the occurrence or harvest of natural resources in public land or water.  The department may collect and report standardized annual wildlife survey information required by the Pitman-Robertson Wildlife Restoration Act (16 U.S.C. Section 669 et seq.).
(d-1)  The department may disclose information collected under this section to the Texas Animal Health Commission as needed to carry out a governmental purpose.
(e)  The department is liable to a private landowner for a civil penalty in the amount of $1,000 for a violation of this section involving information collected by an employee of the department on the landowner's property.  A landowner may bring suit to collect the penalty in the county in which the land is located or the county in which the landowner resides.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1995, 74th Leg., ch. 521, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 247 (S.B. 811), Sec. 5, eff. May 27, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.104. Right to Search and Inspect

Sec. 12.104.  RIGHT TO SEARCH AND INSPECT.  (a)  A game warden or other peace officer commissioned by the department may search a game bag, vehicle, vessel, or other receptacle if the game warden or peace officer has a reasonable, articulable suspicion that the game bag, vehicle, vessel, or receptacle contains a wildlife resource that has been unlawfully killed or taken.
(b)  A game warden or other peace officer commissioned by the department may inspect a wildlife resource or a part or product of a wildlife resource that is discovered during a search under Subsection (a) of this section.
(c)  In this section "wildlife resource" means an animal, bird, reptile, amphibian, fish, or other aquatic life the taking or possession of which is regulated in any manner by this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1991, 72nd Leg., ch. 261, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.105. Suits

Sec. 12.105.  SUITS.  (a)  The department may file complaints in the name of the State of Texas to recover fines and penalties for violations of the laws relating to game, birds, and fish.
(b)  The department may file a complaint and commence proceedings against an individual for violation of the laws relating to game, birds, and fish without the approval of the county attorney of the county in which the proceedings are brought.  The department is not required to furnish security for costs for proceedings under this subsection.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.106. Notice to Appear

Sec. 12.106.  NOTICE TO APPEAR.  (a)  Any peace officer of this state or a political subdivision of this state or an authorized employee of the department who arrests a person for a violation of this code or a regulation of the commission adopted under this code may deliver to the alleged violator a written notice to appear before the justice court, county court, or another court having jurisdiction of the offense not later than 15 days after the date of the alleged violation.
(b)  On signing the written notice to appear and thereby promising to appear as provided in the notice, the alleged violator shall be released.
(c)  A person who fails to appear for a violation of this code or a regulation of the commission adopted under this code within the time specified in the written notice commits an offense that is a Class C Parks and Wildlife Code misdemeanor, and a warrant for the arrest of the alleged violator may be issued.
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. 4, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 338, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.107. Remission of Fines

Sec. 12.107.  REMISSION OF FINES.  (a)  A justice of the peace, clerk of any court, or any other officer of the state who receives a fine imposed by a court for a violation of this code or a regulation of the commission adopted under this code shall send the fine to the department within 10 days after the date of collection.  A statement containing the docket number of the case, the name of the person fined, and the section of this code or the regulation violated must accompany the remission of the fine.
(b)  The amount of the fine to be remitted to the department is 80 percent in county court or higher court cases and 85 percent in justice court cases.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 269, Sec. 4, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 338, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.108. Expenses

Sec. 12.108.  EXPENSES.  In making an arrest, summoning a witness, and serving a process, the department is entitled to the same fee and mileage allowance as a sheriff.  The fee is charged and collected in the same manner as sheriff's fees.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.110. Disposition of Confiscated Game

Sec. 12.110.  DISPOSITION OF CONFISCATED GAME.  (a)  Except as provided by Subsection (d), the department shall donate, whenever donation is reasonably practicable, any wild game animal, bird, fowl, game fish, or exotic animal that is unlawfully killed, taken, shipped, held in storage, possessed, or offered for sale in a public eating place to a charitable institution, hospital, or person or persons.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.40(34), eff. January 1, 2020.
(c)  The department and an enforcement officer of the department who acts under this section are not liable in any civil action for the seizure, sale, or donation of a game bird, other fowl, animal, game fish, or exotic animal.
(d)  The department may sell confiscated live game described by Subsection (a) to the highest of three bidders.  At the time of a sale under this subsection, the department shall provide the buyer a receipt for all game sold to the buyer.  The department shall deposit the proceeds of the sale in the state treasury to the credit of the appropriate suspense fund pending the outcome of any action against the person charged with an unlawful action described by Subsection (a).   If the person is acquitted by the trial court, the charges against the person are dismissed, or the statute of limitations period for the prosecution of the offense has expired, the department shall pay the proceeds of the sale to the person from whom the game was seized.
(e)  This section does not apply to the lawful possession or sale of an exotic animal.
(f)  In this section, "exotic animal" has the meaning assigned by Section 62.015.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 33, ch. 16, Sec. 1, eff. March 16, 1977;  Acts 1993, 73rd Leg., ch. 338, Sec. 4, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 3, eff. June 18, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 325 (H.B. 1818), Sec. 2, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.37, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.40(34), eff. January 1, 2020.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.1101. Seizure and Disposal of Certain Animals' Pelts and Carcasses

Sec. 12.1101.  SEIZURE AND DISPOSAL OF CERTAIN ANIMALS' PELTS AND CARCASSES.  (a)  A game warden or authorized employee of the department may seize a fur-bearing animal, pelt, or carcass taken or possessed in violation of a provision of this code or a lawful regulation of the commission.
(b)  The department may sell a confiscated fur-bearing animal, pelt, or carcass to the highest of three bidders.  At the time of a sale under this subsection, the department shall provide the buyer a receipt for all fur-bearing animals, pelts, or carcasses sold to the buyer. The department shall deposit the proceeds of the sale in the state treasury to the credit of the appropriate suspense fund pending the outcome of any action against the person charged with an unlawful action described by Subsection (a). If that person is found guilty, pleads guilty or nolo contendere, is placed on deferred adjudication, or fails to appear in accordance with a notice described by Section 12.106 or another law requiring that, as a condition of release, the defendant subsequently appear before a court to answer for the offense, the department shall transfer the proceeds of the sale to the credit of the game, fish, and water safety account.  If the person is acquitted by the trial court, the charges against the person are dismissed, or the statute of limitations period for the prosecution of the offense has expired, the department shall pay the proceeds of the sale to the person from whom the items were seized.
(c)  A game warden or authorized employee of the department acting under the authority of this section is immune from liability and from suit for the seizure of items under this section.
(d)  To the extent practicable, Subtitle A, Title 6, Health and Safety Code, applies to an animal or animal part sold under this section that is intended for sale and use as human food.
Added by Acts 1977, 65th Leg., p. 82, ch. 39, Sec. 1, eff. March 30, 1977.  Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art. 1, Sec. 6, eff. Sept. 1, 1979.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 325 (H.B. 1818), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.1104. Removal and Disposal of Abandoned Fishing Device

Sec. 12.1104.  REMOVAL AND DISPOSAL OF ABANDONED FISHING DEVICE.  (a)  In this section, "abandoned fishing device" means an unattended fishing device located in the public water of this state that is placed in violation of a provision of this code or commission rule.
(b)  An abandoned fishing device is litter for purposes of Section 365.011, Health and Safety Code, and is subject to immediate removal and disposal.  Except as provided by Subsection (e), an abandoned fishing device must be disposed of in compliance with the Health and Safety Code.
(c)  The commission may adopt rules to govern the removal and disposal of abandoned fishing devices as necessary to enhance:
(1)  enforcement of this section;
(2)  the cleanliness of the beds and bottoms of the public water of this state;
(3)  boating safety; and
(4)  the conservation and management of aquatic resources.
(d)  A game warden or other peace officer is immune from liability and from suit for the removal or disposal of an abandoned fishing device under this section.
(e)  On request of an authorized representative of a unit of The University of Texas System, The Texas A&M University System, or the Texas State University System engaged in teaching and research related to marine science and oceanography, the department may transfer an abandoned fishing device removed under this section to the unit for use in the unit's teaching or research programs.
Added by Acts 2021, 87th Leg., R.S., Ch. 34 (S.B. 599), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.1105. Seizure and Disposition of Unlawful Fishing Devices

Sec. 12.1105.  SEIZURE AND DISPOSITION OF UNLAWFUL FISHING DEVICES.  (a)  When a game warden or other peace officer finds in or on the public water of the state a seine, net, trawl, trap, or other device that is in or on the water in violation of a provision of this code or in violation of a lawful regulation of the commission or is aboard a vessel in violation of a provision of this code or a lawful regulation of the commission, the warden or other peace officer shall seize without a warrant the seine, net, trawl, trap, or device.
(b)  When an alleged violator is charged with an offense in connection with the unlawful use or possession of the seine, net, trawl, trap, or device seized by the warden or other peace officer, the warden or other peace officer shall hold the seine, net, trawl, trap, or device as evidence.  Except as provided in Subsection (e) of this section, on a final conviction for the offense of the alleged violator, including a final judgment arising from a plea of nolo contendere, the warden or other peace officer shall destroy the seine, net, trawl, trap, or device.  If the alleged violator is not guilty of the offense or if the charge is not prosecuted and dismissed, the seine, net, trawl, trap, or device shall be returned to the owner.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 34 (S.B. 599), Sec. 4, eff. September 1, 2021.
(d)  A game warden or other peace officer who seizes items under this section is immune from liability and from suit for a seizure or destruction of a seine, net, trawl, trap, or other device as authorized by Subsection (b).
(e)  The Parks and Wildlife Department, when requested by authorized representatives of units of The University of Texas System, The Texas A&M University System, and the Texas State University System engaged in teaching and research related to marine science and oceanography, may transfer to such units of said universities and university systems nets, seines, and other marine equipment, which have been seized under this section, to be used in carrying out the teaching and research programs within said institutions.
Added by Acts 1977, 65th Leg., p. 381, ch. 190, Sec. 3, eff. May 20, 1977.  Amended by Acts 1991, 72nd Leg., ch. 781, Sec. 1, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 1061, Sec. 10, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 227, Sec. 7, eff. May 23, 1997;  Acts 1999, 76th Leg., ch. 851, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 34 (S.B. 599), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 34 (S.B. 599), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.113. Coastal Survey Charts Admissible

Sec. 12.113.  COASTAL SURVEY CHARTS ADMISSIBLE.  In any prosecution under this code, United States Coastal Survey Charts are admissible.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.114. Driver's License or Personal Identification Certificate Required

Sec. 12.114.  DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE REQUIRED.  (a)  A person who is 17 years of age or older and who has a license or permit issued under this code or who is engaging in an activity that requires a license or permit shall have a driver's license or personal identification certificate in the person's immediate possession.
(b)  If the person is a resident as defined by Subdivision (1) of Section 42.001 of this code, "driver's license" and "personal identification certificate" have the meanings assigned by Chapter 521, Transportation Code.
(c)  If the person is a nonresident as defined by Section 42.001, "driver's license" and "personal identification certificate" mean those documents that are similar to those defined in Subsection (b) and that are issued by the agency in the state or country of which the person is a resident that is authorized to issue driver's licenses or personal identification certificates.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 32, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.232, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1256, Sec. 10, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.115. Offense

Sec. 12.115.  OFFENSE.  (a)  A person who is arrested for an alleged violation of this code or a proclamation or regulation adopted under this code commits an offense if the person:
(1)  does not have in his immediate possession a driver's license or personal identification certificate required by Section 12.114 of this code;  or
(2)  fails or refuses to display the driver's license or personal identification certificate required by Section 12.114 of this code when requested to do so by any peace officer, game warden, magistrate, or officer of a court of competent jurisdiction.
(b)  An offense under this section is a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 32, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.116. Justice Court to Provide Affidavits Certifying Certain Convictions

Sec. 12.116.  JUSTICE COURT TO PROVIDE AFFIDAVITS CERTIFYING CERTAIN CONVICTIONS.  (a)  If a person is convicted in justice court for violating a provision of this code or a proclamation or regulation adopted under this code that provides enhanced penalties for subsequent convictions, the court on request shall submit to the department an affidavit certifying the conviction.  The affidavit must include the driver's license number or personal identification certificate number obtained from the violator.
(b)  The affidavit certifying the conviction, if admissible under the Texas Rules of Evidence, is available in subsequent prosecutions of that person for violations of the section, proclamation, or regulation under which the prior conviction was obtained.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 32, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.117. Justice Court to Provide Affidavits Certifying Certain Convictions and Other Information

Sec. 12.117.  JUSTICE COURT TO PROVIDE AFFIDAVITS CERTIFYING CERTAIN CONVICTIONS AND OTHER INFORMATION.  (a)  If a person is convicted in a justice court for violating a provision of this code or a proclamation or regulation adopted under this code that provides enhanced penalties for subsequent convictions, the court on request shall submit to the department an affidavit certifying the conviction.  Along with such affidavit the court shall also compile and send to the department the defendant's driver's license number and copies of any photograph, picture, description, or measurement of the defendant made by any law enforcement agency in connection with the offense.
(b)  A certified copy of such affidavit and documents pursuant to Subsection (a) of this section is admissible as evidence in a criminal proceeding to prove that a particular person was convicted of the offense to which the documents pertain if the court finds that 15 days before trial, the party against whom the evidence is offered was provided a copy of the document offered as evidence.
Added by Acts 1985, 69th Leg., ch. 827, Sec. 10, eff. Aug. 26, 1985.  Amended by Acts 1987, 70th Leg., ch. 218, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 18.001, eff. September 1, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.119. Violation of Commission Rule on Possession of License; Penalty

Sec. 12.119.  VIOLATION OF COMMISSION RULE ON POSSESSION OF LICENSE;  PENALTY.  (a)  A person commits an offense if the person violates a rule adopted by the commission relating to possessing a license or stamp otherwise required by this code for hunting wildlife resources or for catching aquatic life.
(b)  An offense under this section is a Class C Parks and Wildlife misdemeanor.
Added by Acts 1995, 74th Leg., ch. 931, Sec. 2, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter C. Operation Game Thief › Section 12.201. Creation of Fund

Sec. 12.201.  CREATION OF FUND.  The department may accept and deposit in a special fund outside the state treasury, called the operation game thief fund, donations from any person made for purposes of this subchapter.  Funds deposited in the operation game thief fund may be used only for the maintenance of that fund, promotion of the operation game thief program through advertisement and marketing, the development, acquisition, and implementation of technological advancements to facilitate the apprehension and prosecution of persons who violate laws of this state intended to protect the state's natural or cultural resources or the public safety of persons using those natural or cultural resources, and payment of rewards and death benefits authorized by this subchapter.  The Operation Game Thief Committee shall adopt rules for the implementation of the operation game thief program and maintenance of the operation game thief fund.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, Sec. 1, eff. Aug. 31, 1981.  Amended by Acts 1987, 70th Leg., ch. 245, Sec. 1, eff. May 28, 1987;  Acts 1995, 74th Leg., ch. 244, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 215 (H.B. 2032), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter C. Operation Game Thief › Section 12.202. Operation Game Thief Committee

Sec. 12.202.  OPERATION GAME THIEF COMMITTEE.  (a)  The director shall appoint an Operation Game Thief Committee composed of 11 members to administer the operation game thief fund and to make reward payments and death benefit payments from that fund.  The director shall appoint persons who are not employees of the department and who have a demonstrated interest in game and fish conservation.  The director may consider the recommendations or nominations of any club or association.  The director shall designate one of the members as chairman of the committee.  The director shall appoint a former committee member to serve as chairman emeritus. The chairman emeritus has the same rights and duties as any other committee member.  The director or an employee designated by the director for that purpose shall serve as secretary to the committee.  A member of the committee serves without compensation.
(b)  Each member of the committee, including the chairman emeritus, serves a term of six years.  The terms of approximately one-third of the members, including the chairman emeritus, expire on January 31 of each odd-numbered year. The director may reappoint members.
(c)  The committee shall meet at least one time each calendar year at the department's office in Austin or at a location designated by the chairman of the committee.  Four committee members must be present for approval of disbursement of rewards to eligible applicants and death benefit payments to eligible recipients.  Except as provided by Subsection (d), if the vote for approval of disbursements of rewards or death benefits results in a tie vote, no action may be taken until the next meeting of the committee.
(d)  Repealed by Acts 2003, 78th Leg., ch. 1170, Sec. 29.02.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, Sec. 1, eff. Aug. 31, 1981.  Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 33, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 245, Sec. 2, eff. May 28, 1987;  Acts 1991, 72nd Leg., ch. 431, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 631, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 244, Sec. 2, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1170, Sec. 29.01, 29.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter C. Operation Game Thief › Section 12.203. Rewards; Claims

Sec. 12.203.  REWARDS;  CLAIMS.  (a)  A person may apply to the committee for a reward to be paid from the operation game thief fund if the person furnishes information leading to the arrest and conviction of a person for a violation of this code or any of the following laws or a regulation adopted under this code or any of the following laws:
(1)  Subchapter B, Chapter 365, Health and Safety Code;
(2)  Subchapter E, Chapter 191, Natural Resources Code;
(3)  Chapter 28 or Section 30.05, 31.03, 31.11, 37.10, 49.06, 49.061, 49.07, or 49.08, Penal Code;
(4)  Chapter 160, Tax Code; or
(5)  Subchapter E, Chapter 7, or Subchapter D, Chapter 26, Water Code.
(b)  The committee may consider claims made at any time before its meeting, but consideration is limited to claims that relate to final convictions.
(c)  The committee shall prescribe and furnish the forms on which claims are to be made, including any documentation to be furnished to substantiate the claim.
(d)  Repealed by Acts 2005, 79th Leg., Ch. 215, Sec. 3, eff. September 1, 2005.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, Sec. 1, eff. Aug. 31, 1981.  Amended by Acts 1987, 70th Leg., ch. 245, Sec. 3, eff. May 28, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 215 (H.B. 2032), Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 215 (H.B. 2032), Sec. 3, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter C. Operation Game Thief › Section 12.204. Rewards; Payments

Sec. 12.204.  REWARDS;  PAYMENTS.  No amount in excess of that on deposit in the operation game thief fund is payable as a reward under this section or as a death benefit payment under Section 12.206 of this code.  No reward may be granted to a person, or an immediate family member of a person, who is a peace officer, deputy game warden, prosecutor, employee of the department, or member of the judiciary.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, Sec. 1, eff. Aug. 31, 1981.  Amended by Acts 1983, 68th Leg., p. 123, ch. 29, Sec. 4, eff. April 19, 1983;  Acts 1987, 70th Leg., ch. 245, Sec. 4, eff. May 28, 1987;  Acts 1993, 73rd Leg., ch. 631, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter C. Operation Game Thief › Section 12.205. Powers of the Department

Sec. 12.205.  POWERS OF THE DEPARTMENT.  The department may:
(1)  provide a toll-free telephone number for use of the public in reporting violations of the game and fish laws to an office of the department that has employees on duty 24 hours a day;  and
(2)  establish procedures for voluntary donations to the operation game thief fund to be collected and sent to the department.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, Sec. 1, eff. Aug. 31, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter C. Operation Game Thief › Section 12.206. Payment of Death Benefits

Sec. 12.206.  PAYMENT OF DEATH BENEFITS.  The committee may use the operation game thief fund to supplement any death benefits received by the families of peace officers employed by the department who are killed in the line of duty.  The committee shall adopt guidelines for the payment of death benefits under this section.
Added by Acts 1993, 73rd Leg., ch. 631, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter D. Recovery by the State for Value of Fish, Shellfish, Reptile, Amphibian, Bird, or Animal › Section 12.301. Liability for Value of Fish, Shellfish, Reptile, Amphibian, Bird, or Animal

Sec. 12.301.  LIABILITY FOR VALUE OF FISH, SHELLFISH, REPTILE, AMPHIBIAN, BIRD, OR ANIMAL.  A person who kills, catches, takes, possesses, or injures any fish, shellfish, reptile, amphibian, bird, or animal in violation of this code or a proclamation or regulation adopted under this code is liable to the state for the value of each fish, shellfish, reptile, amphibian, bird, or animal unlawfully killed, caught, taken, possessed, or injured.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 34, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter D. Recovery by the State for Value of Fish, Shellfish, Reptile, Amphibian, Bird, or Animal › Section 12.302. Value of Fish, Shellfish, Reptile, Amphibian, Bird, or Animal

Sec. 12.302.  VALUE OF FISH, SHELLFISH, REPTILE, AMPHIBIAN, BIRD, OR ANIMAL.  For purposes of this subchapter and for determining damages under Section 7.109, Water Code, the commission shall adopt rules to establish guidelines for determining the value of injured or destroyed fish, shellfish, reptiles, amphibians, birds, and animals.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 34, eff. Sept. 1, 1985.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 19.001, eff. September 1, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter D. Recovery by the State for Value of Fish, Shellfish, Reptile, Amphibian, Bird, or Animal › Section 12.303. Civil Suit for Recovery of Value

Sec. 12.303.  CIVIL SUIT FOR RECOVERY OF VALUE.  (a)  The attorney general or the county attorney of the county in which the violation occurred may bring a civil suit under this subchapter in the name of the state to recover the value of each fish, shellfish, reptile, amphibian, bird, or animal unlawfully killed, caught, taken, possessed, or injured.
(b)  A suit under this section shall be brought in the county in which the violation occurred, except that the attorney general may bring suit in Travis County.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 34, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 73, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter D. Recovery by the State for Value of Fish, Shellfish, Reptile, Amphibian, Bird, or Animal › Section 12.304. More Than One Defendant

Sec. 12.304.  MORE THAN ONE DEFENDANT.  If more than one defendant is named in a suit brought under this subchapter, each defendant against whom judgment is rendered is jointly and severally liable for the recovery provided by this subchapter.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 34, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter D. Recovery by the State for Value of Fish, Shellfish, Reptile, Amphibian, Bird, or Animal › Section 12.305. Recovery of Value in Addition to Fine

Sec. 12.305.  RECOVERY OF VALUE IN ADDITION TO FINE.  The recovery amount provided by this subchapter is in addition to any fine, forfeiture, penalty, or costs imposed under another law.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 34, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 193, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter D. Recovery by the State for Value of Fish, Shellfish, Reptile, Amphibian, Bird, or Animal › Section 12.306. Both Civil Suit and Criminal Prosecution Permissible

Sec. 12.306.  BOTH CIVIL SUIT AND CRIMINAL PROSECUTION PERMISSIBLE.  The pendency or determination of a suit brought under this subchapter or the pendency or determination of a criminal prosecution for the same killing, catching, taking, possession, or injury does not bar the other action.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 34, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter D. Recovery by the State for Value of Fish, Shellfish, Reptile, Amphibian, Bird, or Animal › Section 12.307. Disposition of Recovery

Sec. 12.307.  DISPOSITION OF RECOVERY.  (a)  Any damages for injury to fish, shellfish, reptiles, amphibians, birds, or animals recovered in a suit brought by the attorney general shall be deposited to the credit of the game, fish, and water safety account.
(b)  Fifty percent of any damages for injury to fish, shellfish, reptiles, amphibians, birds, or animals recovered in a suit brought by a county attorney shall be deposited in the general fund of the county.  The remainder shall be deposited to the credit of the game, fish, and water safety account.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 34, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 73, Sec. 2, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 679, Sec. 13, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter D. Recovery by the State for Value of Fish, Shellfish, Reptile, Amphibian, Bird, or Animal › Section 12.308. Certain Costs Recoverable

Sec. 12.308.  CERTAIN COSTS RECOVERABLE.  (a)  The actual cost of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the department in a civil suit under this subchapter may be recovered in addition to damages for the value of any fish, shellfish, reptile, amphibian, bird, or animal unlawfully killed, caught, taken, possessed, or injured.
(b)  Any amounts recovered under this section shall be credited to the same operating accounts from which the expenditures occurred.
Added by Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 4, eff. June 18, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter E. Punishments › Section 12.401. Application

Sec. 12.401.  APPLICATION.  A person adjudged guilty of an offense under this code or a proclamation or regulation adopted under this code shall be punished in accordance with this subchapter and the Code of Criminal Procedure, 1965.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter E. Punishments › Section 12.402. Civil Penalty

Sec. 12.402.  CIVIL PENALTY.  This subchapter does not deprive a court of authority conferred by law to forfeit property, suspend or cancel a license or permit, cite for contempt, or impose any other civil penalty.  The civil penalty may be included in the sentence.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter E. Punishments › Section 12.403. Classification of Offenses

Sec. 12.403.  CLASSIFICATION OF OFFENSES.  (a)  Offenses are designated as Parks and Wildlife Code misdemeanors or Parks and Wildlife Code felonies.
(b)  Misdemeanors are classified according to the relative seriousness of the offense into three categories:
(1)  Class A Parks and Wildlife Code misdemeanors;
(2)  Class B Parks and Wildlife Code misdemeanors;  and
(3)  Class C Parks and Wildlife Code misdemeanors.
(c)  Section 12.41, Penal Code, does not apply to classifications of offenses under this code.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter E. Punishments › Section 12.404. Class a Parks and Wildlife Code Misdemeanor

Sec. 12.404.  CLASS A PARKS AND WILDLIFE CODE MISDEMEANOR.  An individual adjudged guilty of a Class A Parks and Wildlife Code misdemeanor shall be punished by:
(1)  a fine of not less than $500 nor more than $4,000;
(2)  confinement in jail for a term not to exceed one year;  or
(3)  both such fine and imprisonment.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 11, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter E. Punishments › Section 12.405. Class B Parks and Wildlife Code Misdemeanor

Sec. 12.405.  CLASS B PARKS AND WILDLIFE CODE MISDEMEANOR.  An individual adjudged guilty of a Class B Parks and Wildlife Code misdemeanor shall be punished by:
(1)  a fine of not less than $200 nor more than $2,000;
(2)  confinement in jail for a term not to exceed 180 days;  or
(3)  both such fine and imprisonment.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 12, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter E. Punishments › Section 12.406. Class C Parks and Wildlife Code Misdemeanor

Sec. 12.406.  CLASS C PARKS AND WILDLIFE CODE MISDEMEANOR.  An individual adjudged guilty of a Class C Parks and Wildlife Code misdemeanor shall be punished by a fine of not less than $25 nor more than $500.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 535, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter E. Punishments › Section 12.4061. Parks and Wildlife Code State Jail Felony

Sec. 12.4061.  PARKS AND WILDLIFE CODE STATE JAIL FELONY.  (a)  An individual adjudged guilty of a Parks and Wildlife Code state jail felony shall be punished by confinement in a state jail for a term of not more than two years or less than 180 days.
(b)  In addition to confinement, an individual adjudged guilty of a Parks and Wildlife Code state jail felony may be punished by a fine of not less than $1,500 and not more than $10,000.
Added by Acts 1999, 76th Leg., ch. 959, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter E. Punishments › Section 12.407. Parks and Wildlife Code Felony

Sec. 12.407.  PARKS AND WILDLIFE CODE FELONY.  (a)  An individual adjudged guilty of a Parks and Wildlife Code felony shall be punished by confinement in the Texas Department of Criminal Justice for any term of not more than 10 years or less than two years.
(b)  In addition to imprisonment, an individual adjudged guilty of a Parks and Wildlife Code felony may be punished by a fine of not less than $2,000 nor more than $10,000.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 13, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.143, eff. September 1, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter E. Punishments › Section 12.408. Subsequent Convictions

Sec. 12.408.  SUBSEQUENT CONVICTIONS.  The use of a conviction for enhancement purposes does not preclude the subsequent use of a conviction for enhancement purposes.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter E. Punishments › Section 12.409. Separate Offenses

Sec. 12.409.  SEPARATE OFFENSES.  Each fish, bird, animal, reptile, amphibian, or egg or part of a fish, bird, animal, reptile, amphibian, or egg taken, possessed, killed, left to die, imported, exported, offered for sale, sold, purchased, attempted to be purchased, or retained in violation of any provision of this code or a proclamation or regulation adopted under this code constitutes a separate offense.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 14, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 5, eff. June 18, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter E. Punishments › Section 12.410. Authorized Punishments for Corporations and Associations

Sec. 12.410.  AUTHORIZED PUNISHMENTS FOR CORPORATIONS AND ASSOCIATIONS.  (a)  If a corporation or association is adjudged guilty of an offense under this code that provides a penalty consisting of a fine only, a court may sentence the corporation or association to pay a fine in an amount fixed by the court, not to exceed the fine provided by the offense.
(b)  If a corporation or association is adjudged guilty of an offense that provides a penalty including imprisonment or that provides no specific penalty, a court may sentence the corporation or association to pay a fine in an amount fixed by the court, not to exceed:
(1)  $20,000 if the offense is a Parks and Wildlife Code felony;  or
(2)  $10,000 if the offense is a Class A or Class B Parks and Wildlife Code misdemeanor.
(c)  In lieu of the fines authorized by Subsections (a) and (b) of this section, if a court finds that the corporation or association gained money or property or caused personal injury, property damage, or other loss through the commission of a Parks and Wildlife Code felony or Class A or Class B Parks and Wildlife Code misdemeanor, the court may sentence the corporation or association to pay a fine in an amount fixed by the court, not to exceed double the amount gained or caused by the corporation to be lost, whichever is greater.
(d)  In addition to any sentence that may be imposed by this section, a corporation that has been adjudged guilty of an offense may be ordered by the court to give notice of the conviction to any person the court deems appropriate.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter E. Punishments › Section 12.411. Jurisdiction of Justice Court

Sec. 12.411.  JURISDICTION OF JUSTICE COURT.  In addition to the jurisdiction provided by the constitution and other law, a justice court has jurisdiction of Class C Parks and Wildlife Code misdemeanors.
Added by Acts 1987, 70th Leg., ch. 535, Sec. 2, eff. Sept. 1, 1987.