reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter S. Migratory and Upland Game Bird Stamps › Section 43.654. Design and Issuance of Stamps

Sec. 43.654.  DESIGN AND ISSUANCE OF STAMPS.  (a)  The department may issue a migratory or upland game bird stamp to any person on payment to the department of $7 per stamp.
(b)  The commission may issue and sell a collector's edition of the migratory or upland game bird stamps that does not authorize hunting.  The commission shall set the fee for a stamp issued under this subsection.
(c)  The department may authorize the use of the image of a stamp issued under this subchapter for products offered to the public for sale and not for the purpose of authorizing hunting.  The department shall receive a reasonable royalty payment for the sale of any stamp products sold under this subsection.
(d)  The commission by rule shall prescribe the form, design, and manner of issuance of a stamp under this subchapter.  The department retains all rights to the design.
(e)  The commission may contract with and pay a person for designing, producing, and marketing a stamp.
(f)  The commission by rule may prescribe alternate requirements for identifying the purchaser of a stamp issued in an automated manner.
(g)  A stamp issued under this subchapter is valid for hunting only during the yearly period for which the stamp is issued, without regard to the date on which the stamp is acquired.  Each yearly period begins on September 1 of the year in which the stamp is issued or another date set by the commission and extends through August 31 of the next year or another date set by the commission.
Added by Acts 2005, 79th Leg., Ch. 882 (S.B. 1192), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter S. Migratory and Upland Game Bird Stamps › Section 43.655. Disposition of Migratory Game Bird Stamp Net Proceeds

Sec. 43.655.  DISPOSITION OF MIGRATORY GAME BIRD STAMP NET PROCEEDS.  (a)  The migratory game bird stamp net proceeds shall be deposited to the credit of the game, fish, and water safety account under Section 11.032 and may be used only for the purposes specified in Section 43.656.
(b)  Net proceeds from the migratory game bird stamp consist of:
(1)  proceeds from the issuance of migratory game bird stamps;
(2)  the amount allocated by the department from the net proceeds of a combination license if migratory game bird stamps are issued as part of a combination license under Chapter 50;
(3)  proceeds from the sale of collector's editions of migratory game bird stamps, if issued under Section 43.654(b);
(4)  payments, including royalty payments, received for the use of the migratory game bird stamp image authorized under Section 43.654(c); and
(5)  interest and other earnings from the investment of remaining net proceeds under Subsection (c).
(c)  The comptroller shall invest the remaining net proceeds, if any, in accordance with state law.
(d)  Any net proceeds under this section not used in a fiscal year remain in the game, fish, and water safety account and are exempt from the application of Section 403.095, Government Code.
Added by Acts 2005, 79th Leg., Ch. 882 (S.B. 1192), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter S. Migratory and Upland Game Bird Stamps › Section 43.656. Uses of Net Proceeds From Migratory Game Bird Stamp

Sec. 43.656.  USES OF NET PROCEEDS FROM MIGRATORY GAME BIRD STAMP.  (a)  Net proceeds from the migratory game bird stamp may be used only for:
(1)  management of and research concerning migratory game birds;
(2)  acquisition, lease, or development of migratory game bird habitats; and
(3)  contracts, donations, and grants under Section 43.659.
(b)  The department shall use the net proceeds from the migratory game bird stamp in a manner that addresses the needs of migratory birds in this state.
Added by Acts 2005, 79th Leg., Ch. 882 (S.B. 1192), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter S. Migratory and Upland Game Bird Stamps › Section 43.657. Disposition of Upland Game Bird Stamp Net Proceeds

Sec. 43.657.  DISPOSITION OF UPLAND GAME BIRD STAMP NET PROCEEDS.  (a)  The upland game bird stamp net proceeds shall be deposited to the credit of the game, fish, and water safety account under Section 11.032 and may be used only for the purposes specified in Section 43.658.
(b)  Net proceeds from the upland game bird stamp consist of:
(1)  proceeds from the issuance of upland game bird stamps;
(2)  the amount allocated by the department from the net proceeds of a combination license if upland game bird stamps are issued as part of a combination license under Chapter 50;
(3)  proceeds from the sale of collector's editions of upland game bird stamps, if issued under Section 43.654(b);
(4)  payments, including royalty payments, received for the use of the upland game bird stamp image authorized under Section 43.654(c); and
(5)  interest and other earnings from the investment of remaining net proceeds under Subsection (c).
(c)  The comptroller shall invest the remaining net proceeds, if any, in accordance with state law.
(d)  Any net proceeds under this section not used in a fiscal year remain in the game, fish, and water safety account and are exempt from the application of Section 403.095, Government Code.
Added by Acts 2005, 79th Leg., Ch. 882 (S.B. 1192), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter S. Migratory and Upland Game Bird Stamps › Section 43.658. Uses of Net Proceeds From Upland Game Bird Stamp

Sec. 43.658.  USES OF NET PROCEEDS FROM UPLAND GAME BIRD STAMP.  (a)  Net proceeds from the upland game bird stamp may be used only for:
(1)  management of and research concerning upland game birds;
(2)  acquisition, lease, or development of upland game bird habitats; and
(3)  contracts, donations, and grants under Section 43.659.
(b)  The department shall use the net proceeds from the upland game bird stamp in a manner that addresses the needs of upland game birds in this state.
Added by Acts 2005, 79th Leg., Ch. 882 (S.B. 1192), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter S. Migratory and Upland Game Bird Stamps › Section 43.659. Contracts, Donations, and Grants

Sec. 43.659.  CONTRACTS, DONATIONS, AND GRANTS.  As allowed under state and federal law, the department may make money available in advance or by reimbursement to appropriate state, regional, national, and international governmental and nonprofit organizations through contracts, donations, and grants.  The money may be used to acquire, develop, and maintain migratory and upland game bird habitat areas in the United States, Canada, Mexico, or another country that provides migratory habitat for the Central Flyway.
Added by Acts 2005, 79th Leg., Ch. 882 (S.B. 1192), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter S. Migratory and Upland Game Bird Stamps › Section 43.660. Refusal to Show Stamp or Proof of Exemption Eligibility

Sec. 43.660.  REFUSAL TO SHOW STAMP OR PROOF OF EXEMPTION ELIGIBILITY.  A person hunting a migratory or upland game bird who refuses on demand of any game warden or other peace officer to show the applicable stamp, or proof that the person is exempt under Section 43.652(b), is presumed to be in violation of Section 43.652.
Added by Acts 2005, 79th Leg., Ch. 882 (S.B. 1192), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter S. Migratory and Upland Game Bird Stamps › Section 43.661. Reciprocal Agreements Relating to Migratory Game Birds

Sec. 43.661.  RECIPROCAL AGREEMENTS RELATING TO MIGRATORY GAME BIRDS.  As provided by Chapter 41, the department may negotiate a reciprocal agreement with a state that shares a common boundary with this state if the neighboring state has a similar migratory game bird stamp requirement and fee.  The reciprocal agreement may permit a resident of the state with which the reciprocal agreement is made to hunt a migratory game bird in this state without a stamp issued under this subchapter if the person possesses a stamp issued by the other state.
Added by Acts 2005, 79th Leg., Ch. 882 (S.B. 1192), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter S. Migratory and Upland Game Bird Stamps › Section 43.665. Penalty

Sec. 43.665.  PENALTY.  A person who violates Section 43.652 commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 2005, 79th Leg., Ch. 882 (S.B. 1192), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter U. Freshwater Fishing Stamp › Section 43.801. Definition

Sec. 43.801.  DEFINITION.  In this subchapter, "fresh water" has the meaning provided by Section 66.001.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 9(a), eff. Sept. 1, 2004;  Acts 2003, 78th Leg., ch. 623, Sec. 1, eff. Sept. 1, 2004.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter U. Freshwater Fishing Stamp › Section 43.802. Freshwater Fishing Stamp Required

Sec. 43.802.  FRESHWATER FISHING STAMP REQUIRED.  (a)  Except as provided by Subsection (b) or (c), no person may engage in fishing in fresh water for sporting purposes in this state unless the person has acquired a freshwater fishing stamp issued to the person by the department.  The commission by rule may adopt requirements relating to possessing a freshwater fishing stamp required by this subchapter.
(b)  A person who is exempted from obtaining a fishing license under Chapter 46 is not required to obtain a freshwater fishing stamp.
(c)  The commission by rule may exempt a person from the freshwater fishing stamp requirement of this section.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 9(a), eff. Sept. 1, 2004;  Acts 2003, 78th Leg., ch. 623, Sec. 1, eff. Sept. 1, 2004.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter U. Freshwater Fishing Stamp › Section 43.803. Fishing License Required

Sec. 43.803.  FISHING LICENSE REQUIRED.  The acquisition of a freshwater fishing stamp does not authorize a person to fish in fresh water for sporting purposes without having acquired a fishing license as provided by Chapter 46.  The acquisition of a freshwater fishing stamp does not authorize a person to fish at any time or by any means not otherwise authorized by this code.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 9(a), eff. Sept. 1, 2004;  Acts 2003, 78th Leg., ch. 623, Sec. 1, eff. Sept. 1, 2004.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter U. Freshwater Fishing Stamp › Section 43.804. Design and Issuance of Stamps

Sec. 43.804.  DESIGN AND ISSUANCE OF STAMPS.  (a)  The department may issue a freshwater fishing stamp to any person on the payment to the department of $5. Except as provided by Subsection (e), a stamp must be signed on its face by the person using it for the stamp to be valid for fishing purposes.
(b)  The department may issue a collectible freshwater fishing stamp to any person on the payment to the department of $5. A collectible freshwater fishing stamp does not authorize a person to fish and is not valid for fishing purposes.
(c)  The commission by rule shall prescribe the form, design, and manner of issuance of the freshwater fishing stamp and the collectible freshwater fishing stamp.  The department retains all reproduction rights to the design of the freshwater fishing stamp and the collectible freshwater fishing stamp.
(d)  The commission may contract with and pay a person for designing and producing the freshwater fishing stamp or the collectible freshwater fishing stamp.
(e)  The commission by rule may prescribe alternate requirements for identifying the purchaser of a freshwater fishing stamp issued in an automated manner.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 9(a), eff. Sept. 1, 2004;  Acts 2003, 78th Leg., ch. 623, Sec. 1, eff. Sept. 1, 2004.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter U. Freshwater Fishing Stamp › Section 43.805. Disposition of Stamp Fees

Sec. 43.805.  DISPOSITION OF STAMP FEES.  (a)  After deduction of any collection fee, the net receipts from freshwater fishing stamp and collectable freshwater fishing stamp sales shall be sent to the department.
(b)  The net receipts from freshwater fishing stamp and collectable freshwater fishing stamp sales may be spent only for the:
(1)  repair, maintenance, renovation, or construction of:
(A)  freshwater fish hatcheries in this state;  and
(B)  facilities supporting the management of and research related to freshwater fisheries;
(2)  purchase of game fish that are stocked into the public water of this state;
(3)  restoration, enhancement, or management of freshwater fish habitats;
(4)  development of shoreline-based projects allowing freshwater angler access; and
(5)  administration and operation of freshwater fish hatcheries in an amount not to exceed 20 percent of the average annual net receipts in a state fiscal biennium.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 197 (S.B. 573), Sec. 2, eff. September 1, 2017.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 9(a), eff. Sept. 1, 2004;  Acts 2003, 78th Leg., ch. 623, Sec. 1, eff. Sept. 1, 2004.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 197 (S.B. 573), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 197 (S.B. 573), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter U. Freshwater Fishing Stamp › Section 43.806. Expiration of Stamp

Sec. 43.806.  EXPIRATION OF STAMP.  (a)  Except as provided by Subsection (b) or (c), a freshwater fishing stamp is valid for fishing only during the yearly period for which the stamp is issued, without regard to the date on which the stamp is acquired.  Each yearly period begins on September 1 of the year in which the stamp is issued or another date set by the commission and extends through August 31 of the next year or another date set by the commission.  The commission by rule may set the amount of a stamp fee for a stamp issued during a transition period at an amount lower than prescribed in this subchapter and provide for a stamp term for a transition period that is shorter or longer than one year.
(b)  A freshwater fishing stamp issued before September 1 or another date set by the commission that does not expire until August 31 of the next year or another date set by the commission is valid from the date of issuance through August 31 of the next year or another date set by the commission.
(c)  A freshwater fishing stamp issued in conjunction with a license issued under Section 46.005 or 46.0051 expires on the later of the license expiration date or the date printed on the stamp.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 9(a), eff. Sept. 1, 2004;  Acts 2003, 78th Leg., ch. 623, Sec. 1, eff. Sept. 1, 2004.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter U. Freshwater Fishing Stamp › Section 43.807. Refusal to Show Stamp

Sec. 43.807.  REFUSAL TO SHOW STAMP.  A person fishing in fresh water for sporting purposes who refuses on demand of any game warden or peace officer to show a freshwater fishing stamp or proof that the person is exempt under Section 43.802(b) or a rule adopted under that section is presumed to be in violation of Section 43.802.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 9(a), eff. Sept. 1, 2004;  Acts 2003, 78th Leg., ch. 623, Sec. 1, eff. Sept. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 78 (H.B. 1346), Sec. 3, eff. May 19, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter U. Freshwater Fishing Stamp › Section 43.808. Penalty

Sec. 43.808.  PENALTY.  A person who violates Section 43.802 is guilty of a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 9(a), eff. Sept. 1, 2004;  Acts 2003, 78th Leg., ch. 623, Sec. 1, eff. Sept. 1, 2004.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter V. Nonindigenous Snake Permit › Section 43.851. Permit

Sec. 43.851.  PERMIT.  (a)  The commission by rule shall establish permits that allow permit holders to possess or transport in this state a live nonindigenous snake, including a hybrid of any kind, that is:
(1)  venomous; or
(2)  a constrictor that is one of the following:
(A)  African rock python, Python sebae;
(B)  Asiatic rock python, Python molurus;
(C)  Burmese python, Python bivittatus;
(D)  green anaconda, Eunectes murinus;
(E)  reticulated python, Python reticulatus; or
(F)  southern African python, Python natalensis.
(b)  The commission shall establish separate permits for recreational and commercial purposes.
(c)  A permit under this subchapter is not required for:
(1)  a state or county official performing an official duty;
(2)  a licensed zoo that possesses or transports a snake for exhibition or scientific purposes;
(3)  a research facility, including a university, licensed under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) that possesses or transports a snake for scientific purposes; or
(4)  a person who assists a department employee in the handling or transport of a snake under this subchapter.
(d)  Except as provided by Subsection (c), a person may not possess or transport in this state a snake described by Subsection (a) without a permit issued by the department under this subchapter.
(e)  A person convicted of a violation of this subchapter or a rule adopted under this subchapter may not obtain a permit before the fifth anniversary of the date of the conviction.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 41, eff. September 1, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 340 (H.B. 2326), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter V. Nonindigenous Snake Permit › Section 43.852. Inspection of Permit and Records

Sec. 43.852.  INSPECTION OF PERMIT AND RECORDS.  An authorized department employee may inspect at any time and without a warrant a permit or any records required by this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 41, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter V. Nonindigenous Snake Permit › Section 43.853. Release From Captivity

Sec. 43.853.  RELEASE FROM CAPTIVITY.  A person may not intentionally, knowingly, recklessly, or with criminal negligence release or allow the release from captivity of a snake covered by this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 41, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter V. Nonindigenous Snake Permit › Section 43.854. Seizure of Contraband; Financial Responsibility

Sec. 43.854.  SEIZURE OF CONTRABAND; FINANCIAL RESPONSIBILITY.  (a)  The department may arrange for the seizure and removal of a snake covered by this subchapter from a person who possesses the snake without the required permit. The person is responsible for any costs incurred by the department in the seizure, removal, and disposition of the snake.
(b)  A department employee is not required to handle, remove, or dispose of the snake.
(c)  The department may contract with a person who has knowledge of or expertise in the handling of a snake covered by this subchapter to assist the department in the handling, removal, and disposition of the snake.
(d)  The department, including an enforcement officer of the department, who acts under this section is not liable in a civil action for the seizure, sale, donation, or other disposition of the snake.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 41, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter V. Nonindigenous Snake Permit › Section 43.855. Rules

Sec. 43.855.  RULES.  The commission may adopt rules to implement this subchapter, including rules to govern:
(1)  the possession or transport of a snake covered by this subchapter;
(2)  permit application forms, fees, and procedures;
(3)  the release of the snake;
(4)  reports that the department may require a permit holder to submit to the department; and
(5)  other matters the commission considers necessary.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 41, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter V. Nonindigenous Snake Permit › Section 43.856. Offense

Sec. 43.856.  OFFENSE.  (a)  Except as provided by Subsection (b) or (c), a person who violates this subchapter or a rule adopted under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b)  A person who violates Section 43.853 or a rule adopted to implement Section 43.853 commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
(c)  If it is shown at the trial of the defendant for a violation of this subchapter or a rule adopted under this subchapter that the defendant has engaged in a commercial activity without holding a required permit and the defendant has been previously convicted of a violation of this subchapter or a rule adopted under this subchapter, on conviction the defendant shall be punished for a Class B Parks and Wildlife Code misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 41, eff. April 1, 2008.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 340 (H.B. 2326), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter W. Reptile and Amphibian Stamp › Section 43.901. Reptile and Amphibian Stamp Required

Sec. 43.901.  REPTILE AND AMPHIBIAN STAMP REQUIRED.  (a)  Except as provided by Section 43.905, a person may capture by nonlethal means an indigenous reptile or amphibian on the shoulder of a road, as defined by Section 541.302, Transportation Code, or the unpaved area of a public right-of-way only if the person possesses a reptile and amphibian stamp issued to the person by the department.
(b)  The commission by rule shall prescribe the form, design, and manner of issuance of a stamp under this subchapter.
(c)  The stamp is not valid unless the person to whom the stamp is issued has signed the stamp on its face.
(d)  The commission by rule may prescribe alternate requirements for identifying the purchaser of a stamp issued in an automated manner.
(e)  A stamp issued under this subchapter is valid only during the yearly period for which the stamp is issued without regard to the date on which the stamp is acquired.  Each yearly period begins on September 1 or another date set by the commission and extends through August 31 of the next year or another date set by the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1351 (H.B. 1788), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter W. Reptile and Amphibian Stamp › Section 43.902. Fee

Sec. 43.902.  FEE.  The fee for a reptile and amphibian stamp is $10.  The department may issue other editions of the stamp that are not valid for capturing by nonlethal means a species covered by this subchapter for a fee set by the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1351 (H.B. 1788), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter W. Reptile and Amphibian Stamp › Section 43.903. Hunting License Required

Sec. 43.903.  HUNTING LICENSE REQUIRED.  The possession of a reptile and amphibian stamp does not authorize a person to capture by nonlethal means an indigenous reptile or amphibian:
(1)  without possessing a hunting license required by Section 42.002 or 42.005; or
(2)  at a time or by means not otherwise authorized by this code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1351 (H.B. 1788), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter W. Reptile and Amphibian Stamp › Section 43.904. Stamp Sale Receipts

Sec. 43.904.  STAMP SALE RECEIPTS.  The net revenue derived from the sale of reptile and amphibian stamps shall be credited to the game, fish, and water safety account.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1351 (H.B. 1788), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter W. Reptile and Amphibian Stamp › Section 43.905. Exemptions

Sec. 43.905.  EXEMPTIONS.  A person is not required to have a hunting license or reptile and amphibian stamp to capture by nonlethal means and subsequently release in another location an indigenous reptile or amphibian if the person is:
(1)  performing activities related to the operation and maintenance of pipelines and related facilities or to oil or gas exploration or production;
(2)  an employee of the state, a utility, as defined by Section 203.091, Transportation Code, or a power generation company, as defined by Section 31.002, Utilities Code, and is acting in the course and scope of the person's employment with the state, the utility, or the power generation company; or
(3)  performing activities related to surface coal mining and reclamation operations as defined by Section 134.004, Natural Resources Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1351 (H.B. 1788), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter W. Reptile and Amphibian Stamp › Section 43.906. Penalty

Sec. 43.906. PENALTY.  (a)  A person who violates Section 43.901 commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b)  A person, other than a person described by Section 43.905, in an area described by Section 43.901 who is engaged in capturing by nonlethal means a species covered by this subchapter and fails or refuses on the demand of any game warden or other peace officer to show a reptile and amphibian stamp is presumed to be in violation of Section 43.901.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1351 (H.B. 1788), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter X. Deer Disposition Protocol › Section 43.951. Applicability

Sec. 43.951.  APPLICABILITY.  This subchapter applies only to the disposition of the following deer:
(1)  deer held at a facility covered by a permit issued under Subchapter L;
(2)  deer on acreage covered by a permit issued under Subchapter R; and
(3)  deer on acreage covered by a permit issued under Subchapter R-1.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter X. Deer Disposition Protocol › Section 43.952. Definitions

Sec. 43.952.  DEFINITIONS.  In this subchapter:
(1)  "Animal health commission" means the Texas Animal Health Commission.
(2)  "Permit" means a permit issued under Subchapter L, R, or R-1.
(3)  "Permit holder" means a person to whom a permit is issued under Subchapter L, R, or R-1.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter X. Deer Disposition Protocol › Section 43.953. Destruction of Deer

Sec. 43.953.  DESTRUCTION OF DEER.  (a)  Before any deer may be destroyed under this subchapter:
(1)  an agent of the animal health commission may conduct an epidemiological assessment:
(A)  if the assessment can be conducted in a timely manner; and
(B)  contingent on the availability of funding; and
(2)  the department must consider the results of an assessment, if conducted, under Subdivision (1).
(b)  To control or prevent the spread of disease, deer to which this subchapter applies may be destroyed only if the department determines that the deer pose a threat to the health of other deer or other species, including humans.
(c)  The department shall carry out an order to destroy deer after notice has been provided to the permit holder under Section 43.954.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter X. Deer Disposition Protocol › Section 43.954. Notice of Deer Destruction

Sec. 43.954.  NOTICE OF DEER DESTRUCTION.  (a)  The department must provide written notice of an order to destroy deer to a permit holder before the department may destroy any of the deer covered by the permit holder's permit.
(b)  A notice provided under this section must be sent by certified mail to the last known address of the permit holder and must contain:
(1)  the date of destruction, which may not be sooner than the 10th day after the date of the notice;
(2)  an explanation of any access restrictions imposed on the facility or acreage covered by the permit during the destruction of the deer; and
(3)  an explanation of the reasons for the destruction, including the results of any epidemiological assessment conducted under Section 43.953(a) applicable to the deer that are the subject of the notice.
(c)  The permit holder may waive the notice requirements of this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter X. Deer Disposition Protocol › Section 43.955. Cost of Assessment and Destruction of Deer

Sec. 43.955.  COST OF ASSESSMENT AND DESTRUCTION OF DEER. (a)  The applicable permit holder shall pay all costs associated with:
(1)  an epidemiological assessment conducted under this subchapter to the animal health commission; and
(2)  except as provided by Subsection (b), the destruction of deer under this subchapter to the department.
(b)  Except as provided by Subsection (c), the department shall waive the costs associated with the destruction under this subchapter of breeder deer at a facility covered by a permit issued under Subchapter L where a breeder deer has tested positive for chronic wasting disease in a test performed by a testing laboratory accredited by the Animal and Plant Health Inspection Service of the United States Department of Agriculture.
(c)  The department may not waive costs under Subsection (b) if the department determines that the permit holder or an agent of the permit holder, in violation of this chapter or a regulation of the commission, caused:
(1)  the introduction of chronic wasting disease into the facility; or
(2)  a delay in the detection of chronic wasting disease at the facility.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 6, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 36 (S.B. 1372), Sec. 1, eff. May 15, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter Y. Managed Lands Deer Program › Section 43.975. Definition

Sec. 43.975.  DEFINITION.  In this subchapter, "program" means the Managed Lands Deer Program described by 31 T.A.C. Section 65.29, or a successor to that program.
Added by Acts 2019, 86th Leg., R.S., Ch. 426 (S.B. 733), Sec. 2, eff. June 4, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter Y. Managed Lands Deer Program › Section 43.976. Program Participation Fee

Sec. 43.976.  PROGRAM PARTICIPATION FEE.  (a)  The commission by rule may impose a fee for participation in the program.  Section 2001.0045, Government Code, does not apply to a rule adopted under this section.
(b)  The commission shall remit a fee collected under Subsection (a) to the comptroller for deposit to the credit of the game, fish, and water safety account.
Added by Acts 2019, 86th Leg., R.S., Ch. 426 (S.B. 733), Sec. 2, eff. June 4, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter Y. Managed Lands Deer Program › Section 43.977. Rules

Sec. 43.977.  RULES.  The commission shall adopt rules required to implement the program.
Added by Acts 2019, 86th Leg., R.S., Ch. 426 (S.B. 733), Sec. 2, eff. June 4, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.001. Definitions

Sec. 44.001.  DEFINITIONS.  In this chapter:
(1)  "Game breeder" means a person holding a valid game breeder's license.
(2)  "Captivity" means the keeping of game animals in an enclosure suitable for and capable of retaining the animal it is designed to retain at all times under reasonable and ordinary circumstances and to prevent entry by another animal.
(3)  "Game animal" means a pronghorn antelope, a collared peccary or javelina, or a red or gray squirrel.
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. 10, eff. June 18, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.002. License Requirement

Sec. 44.002.  LICENSE REQUIREMENT.  No person may sell,  place in captivity, or engage in the business of propagating any game animal of this state unless the person has obtained a license issued under this chapter from the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1975, 64th Leg., p. 1209, ch. 456, Sec. 9, eff. Sept. 1, 1975.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 11, eff. June 18, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.003. Game Breeder's License

Sec. 44.003.  GAME BREEDER'S LICENSE.  The department shall issue a game breeder's license on payment of a license fee of $10 or an amount set by the commission, whichever amount is more.  The license is valid for a yearly period.  Each yearly period begins on September 1 or another date set by the commission and extends through August 31 of the next year or another date set by the commission.  The commission by rule may set the amount of a license fee for a license issued during a transition period at an amount lower than prescribed in this section and provide for a license term for a transition period that is shorter or longer than a year.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1975, 64th Leg., p. 1209, ch. 456, Sec. 9, eff. Sept. 1, 1975;  Acts 1983, 68th Leg., p. 1331, ch. 277, Sec. 17, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 27, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 365, Sec. 1, eff. May 31, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 45, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.004. Reissuance of License

Sec. 44.004.  REISSUANCE OF LICENSE.  A game breeder's license may not be issued to a previous licensee unless the licensee has filed with the department a copy of the record required by Section 44.007 of this code with an affidavit made before an officer qualified to administer oaths that the copy is true and correct.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.005. Serial Number

Sec. 44.005.  SERIAL NUMBER.  (a)  The department shall issue a serial number to the applicant at the time of the first issuance of a game breeder's license to the applicant.  The same serial number shall be assigned to the licensee whenever he holds a game breeder's license.
(b)  The game breeder shall place a suitable permanent tag bearing the game breeder's serial number on the ear of each pronghorn antelope or collared peccary or javelina held in captivity by the game breeder.
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. 50, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 12, eff. June 18, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.006. License Privileges

Sec. 44.006.  LICENSE PRIVILEGES.  The holder of a valid game breeder's license may:
(1)  engage in the business of game breeding in the immediate locality for which the license was issued;  or
(2)  sell or hold in captivity for the purpose of propagation or sale a game animal.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 1860, ch. 439, Sec. 2, eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 51, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 607, Sec. 1, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 863, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 13, eff. June 18, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.007. Records

Sec. 44.007.  RECORDS.  (a)  Each game breeder shall keep a written record in a suitably bound book for the period from August 1 until the following July 31 or another yearly period established by the commission containing:
(1)  the number and source of each kind of game animal on hand at the time the license is issued;
(2)  the number, source, and date of receipt of each kind of game animal on hand at any time after the license is obtained;
(3)  the number of each kind of game animal shipped or delivered, the date of shipment or delivery, and the name and address of persons to whom the shipment or delivery is made;  and
(4)  any other information determined by the commission to be necessary to enforce the provisions of this chapter.
(b)  During August or another month set by the commission of each year, but before August 31 or another date established by the commission, a game breeder shall send to the department a report showing the information required by this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 365, Sec. 2, eff. May 31, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 46, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.008. Enclosure Size

Sec. 44.008.  ENCLOSURE SIZE.  A single enclosure for any game animal may not contain more than 320 acres.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.009. Inspection

Sec. 44.009.  INSPECTION.  An authorized employee of the department may inspect at any time and without warrant any pen, coop, or enclosure holding a game animal.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.010. Shipment of Game Animals

Sec. 44.010.  SHIPMENT OF GAME ANIMALS.  (a)  A common carrier may not accept a live game animal unless the game animal is one listed in Section 44.006(2) of this code and the shipment is made by a game breeder.
(b)  No person, except a game breeder or his authorized agent, may transport or ship a live game animal unless he obtains a permit for shipment or transportation from the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.011. Purchase and Sale of Live Game Animals

Sec. 44.011.  PURCHASE AND SALE OF LIVE GAME ANIMALS.  (a)  Only game animals that are in a healthy condition may be sold, bartered, or exchanged, or offered for sale, barter, or exchange by a game breeder.
(b)  No person may purchase or accept in this state a live game animal unless:
(1)  the game animal bears a tag required by Section 44.005 of this code and is delivered or sold by a game breeder;  or
(2)  the game animal is delivered by a common carrier from outside this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.012. Sale During Open Season

Sec. 44.012.  SALE DURING OPEN SEASON.  A game animal held under the authority of a license issued under this subchapter may not be sold, traded, transferred, or shipped to any person in any county during an open season in the county of destination for taking the game animal or during a period of 10 days before the open season.
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. 52, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1256, Sec. 48, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.0125. Prohibited Acts

Sec. 44.0125.  PROHIBITED ACTS.  It is an offense if:
(1)  a licensed game breeder takes, traps, or captures or attempts to take or capture game animals from the wild;
(2)  a licensed game breeder allows the hunting or killing of a game animal held in captivity under the provisions of this chapter;  or
(3)  a person fails to furnish to a game warden commissioned by the department information as to the source from which game animals held in captivity were derived.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 53, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.013. Use of Purchased Game Animals

Sec. 44.013.  USE OF PURCHASED GAME ANIMALS.  (a)  Except as provided in Subsection (b) of this section, game animals listed in Subdivision (2) of Section 44.006 of this code may be purchased or received in this state only for the purpose of liberation for stocking purposes or holding for propagation purposes.  All game animals listed in Subdivision (2) of Section 44.006 of this code and increase from those game animals are under the full force of the laws of this state pertaining to wild game and the game animals may be held in captivity for propagation in this state only after a license is issued by the department under this chapter.
(b)  Any game animal may be held, taken, or received for scientific and zoological purposes under a permit issued by the department pursuant to Section 43.022 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. 1, Sec. 54, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 44 - Game Breeder's License › Section 44.014. Application of General Laws

Sec. 44.014.  APPLICATION OF GENERAL LAWS.  In order that native game species may be preserved, game animals held under a game breeder's license are subject to all laws and regulations of this state pertaining to wild game animals except as specifically provided in this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.