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 L. Deer Breeder's Permit › Section 43.357. Permit Privileges; Regulations

Sec. 43.357.  PERMIT PRIVILEGES; REGULATIONS.  (a)  The holder of a valid deer breeder's permit may:
(1)  engage in the business of breeding breeder deer in the immediate locality for which the permit was issued; and
(2)  sell, transfer to another person, or hold in captivity live breeder deer for the purpose of propagation or sale.
(a-1)  A deer breeder, a deer breeder's authorized agent, or an assistant who is not a permittee under this subchapter but is acting under the direction of a deer breeder or a deer breeder's authorized agent may capture a breeder deer held in a permitted facility for:
(1)  removal from an enclosure;
(2)  veterinary treatment;
(3)  tagging;
(4)  euthanasia for the purpose of:
(A)  humane dispatch of the breeder deer; or
(B)  the conduct of a test for a reportable disease as required by law; or
(5)  any other purpose required or allowed by law.
(b)  The commission may make regulations governing:
(1)  the possession of breeder deer held under the authority of this subchapter;
(2)  the recapture of lawfully possessed breeder deer that have escaped from the facility of a deer breeder;
(3)  permit applications and fees;
(4)  reporting requirements;
(5)  procedures and requirements for the purchase, transfer, sale, or shipment of breeder deer;
(6)  the endorsement of a deer breeder facility by a certified wildlife biologist;
(7)  the number of breeder deer that a deer breeder may possess; and
(8)  the dates for which a deer breeder permit is valid.
(c)  A person who holds a permit under this subchapter or a person who receives a breeder deer under this subchapter is not required to have the release site inspected or approved before the release of a breeder deer from a breeding facility.  This section does not preclude the department from making a habitat inspection but does direct the department to refrain from implementing habitat inspection rules or procedures that could unreasonably impede the broader deer breeding industry.
(d)  Subsection (c) does not exempt a person from the requirements under the following permits issued by the department:
(1)  managed land deer permit regulated under 31 T.A.C. Sections 65.26 and 65.34;
(2)  deer management permit under Section 43.601;
(3)  trap, transport, and transplant permit under Sections 43.061 and 43.0611;
(4)  trap, transport, and process permit under Section 43.0612; and
(5)  antlerless deer control permit regulated under 31 T.A.C. Sections 65.25 and 65.27.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 13, 14, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1255, Sec. 3, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1256, Sec. 39, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 79 (H.B. 1308), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter L. Deer Breeder's Permit › Section 43.358. Inspection

Sec. 43.358.  INSPECTION.  An authorized employee of the department may inspect at any time and without warrant:
(1)  any pen, coop, or enclosure holding white-tailed deer or mule deer;  or
(2)  any records required to be maintained under Section 43.359(a).
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 15, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1255, Sec. 4, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1256, Sec. 40, eff. Sept. 1, 1997.
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 L. Deer Breeder's Permit › Section 43.359. Records and Reports

Sec. 43.359.  RECORDS AND REPORTS.  (a)  A deer breeder shall maintain an accurate and legible record of all breeder deer acquired, purchased, propagated, sold, transferred, or disposed of and any other information required by the department that reasonably relates to the regulation of deer breeders.
(b)  A deer breeder shall report the information maintained under Subsection (a) to the department as the commission by rule may require.
(c)  On the request of a game warden acting within the scope of the game warden's authority, a deer breeder shall make any information required under this subchapter for the previous two reporting years available to:
(1)  the game warden; or
(2)  another authorized department employee.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 16, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1255, Sec. 5, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1256, Sec. 41, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 79 (H.B. 1308), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter L. Deer Breeder's Permit › Section 43.3591. Genetic Testing

Sec. 43.3591.  GENETIC TESTING.  (a)  In this section:
(1)  "DNA" means deoxyribonucleic acid.
(2)  "Genetic test" means a laboratory analysis of a deer's genes, gene products, or chromosomes that:
(A)  analyzes the deer's DNA, RNA, proteins, or chromosomes; and
(B)  is performed to determine genetically the deer's ancestral lineage or descendants.
(3)  "RNA" means ribonucleic acid.
(b)  After an inspection, the department shall notify a deer breeder in writing when the department has reason to believe the deer breeder possesses deer that may pose a disease risk to other deer.  The notice must include an explanation of the rationale used to establish the disease risk.
(c)  If genetic testing is timely conducted, the department must postpone any actions that may be affected by the test results until the test results are available.
(d)  The results of genetic testing may not be used as evidence to establish a defense against a fine imposed on a deer breeder found guilty of failure to keep records of all deer in a deer breeder facility as required by this subchapter.
(e)  The commission shall adopt rules as needed to implement this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 5, 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 L. Deer Breeder's Permit › Section 43.360. Enclosure Size

Sec. 43.360.  ENCLOSURE SIZE.  A single enclosure for breeder deer may not contain more than 100 acres.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 17, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 79 (H.B. 1308), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter L. Deer Breeder's Permit › Section 43.361. Release Sites

Sec. 43.361.  RELEASE SITES.  (a)  A release site onto which breeder deer are liberated must be surrounded by a fence not less than seven feet in height that is capable of retaining deer at all times under reasonable and ordinary circumstances.
(b)  The owner of a release site is responsible for ensuring that the fence surrounding the release site and infrastructure associated with the fence are in a condition to retain deer as provided by Subsection (a).
Added by Acts 2019, 86th Leg., R.S., Ch. 611 (S.B. 948), Sec. 1, eff. September 1, 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 L. Deer Breeder's Permit › Section 43.362. Transfer, Purchase, or Sale of Live Breeder Deer

Sec. 43.362.  TRANSFER, PURCHASE, OR SALE OF LIVE BREEDER DEER.  (a)  Only breeder deer that are in a healthy condition may be sold, transferred, bartered, or exchanged, or offered for sale, transfer, barter, or exchange, by a deer breeder.
(b)  Except as provided by Subchapter C or by a rule adopted by the commission under this subchapter, no person may purchase, obtain, sell, transfer, or accept in this state a live breeder deer unless the person obtains a transfer permit from the department.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 20, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1255, Sec. 6, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1256, Sec. 42, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 79 (H.B. 1308), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter L. Deer Breeder's Permit › Section 43.363. Transfer During Open Season

Sec. 43.363.  TRANSFER DURING OPEN SEASON.  (a)  During an open hunting season for deer or during the 10-day period immediately preceding an open hunting season, no person in this state may sell, transfer, ship, or transport a breeder deer unless the person:
(1)  has removed the antlers of the breeder deer between the G-3 tine, as defined by the Boone and Crockett Club, and the pedicel on each antler main beam; and
(2)  has followed any procedure prescribed by rule of the commission for the lawful conduct of activities under this subchapter.
(b)  Subsection (a) does not apply to a sale, transfer, shipment, or transport:
(1)  to another deer breeder's facility; or
(2)  to an enclosure authorized under a deer management permit.
(c)  The commission shall adopt rules governing a transfer permit under this section.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 456, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 704, Sec. 21, 22, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1255, Sec. 7, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1256, Sec. 43, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 79 (H.B. 1308), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter L. Deer Breeder's Permit › Section 43.364. Use of Breeder Deer

Sec. 43.364.  USE OF BREEDER DEER.  Breeder deer may be purchased, sold, transferred, or received in this state only for the purposes of liberation or holding for propagation.  All breeder deer and increase from breeder deer are under the full force of the laws of this state pertaining to deer, and those breeder deer may be held in captivity for propagation in this state only after a deer breeder's permit is issued by the department under this subchapter.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 23, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 79 (H.B. 1308), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter L. Deer Breeder's Permit › Section 43.365. Prohibited Acts

Sec. 43.365.  PROHIBITED ACTS.  (a)  It is an offense if a deer breeder or another person:
(1)   allows the hunting or killing of a breeder  deer or any other deer held in captivity in a facility permitted under this subchapter, except as provided by this subchapter or a rule adopted by the commission under this subchapter; or
(2)  knowingly sells, arranges the sale of, purchases, transfers, receives, or attempts to sell, arrange the sale of, purchase, transfer, or receive a live breeder deer in violation of this subchapter or a rule adopted by the commission under this subchapter.
(b)  It is an offense if a deer breeder fails to furnish to a game warden commissioned by the department or other authorized department employee records for the previous two reporting years required to be maintained under Section 43.359(a).
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 24, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1255, Sec. 8, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1256, Sec. 44, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 79 (H.B. 1308), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter L. Deer Breeder's Permit › Section 43.366. Application of Other Laws

Sec. 43.366.  APPLICATION OF OTHER LAWS.  (a)  In order that native species may be preserved, breeder deer held under a deer breeder's permit are subject to all laws and regulations of this state pertaining to deer except as specifically provided in this subchapter.
(b)  This subchapter may not be construed to restrict or prohibit the use of high fences.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 25, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 79 (H.B. 1308), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter L. Deer Breeder's Permit › Section 43.367. Penalty

Sec. 43.367.  PENALTY.  (a)  Except as provided by Subsection (b), a person who violates a provision of this subchapter or a regulation of the commission issued under this subchapter or who fails to file a full and complete report as required by Section 43.359 commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b)  A person who violates Section 43.365(a)(1) commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 79 (H.B. 1308), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter L. Deer Breeder's Permit › Section 43.369. Deer Breeder Database

Sec. 43.369.  DEER BREEDER DATABASE.  (a)  In this section, "database" means a deer breeder database used by the department.
(b)  The department in conjunction with the Texas Animal Health Commission, not later than June 1, 2010, shall develop and maintain a process for a database to be shared by both agencies.  The database must include the reporting data required to be provided by each deer breeder:
(1)  to the department under this subchapter; and
(2)  to the Texas Animal Health Commission.
(c)  To the extent possible, the department and the Texas Animal Health Commission shall share the database to eliminate the need for a deer breeder to submit duplicate reports to the two agencies.
(d)  The Parks and Wildlife Commission and the Texas Animal Health Commission, by rule, shall provide incentives to deer breeders whose cooperation results in reduced costs and increased efficiency by offering:
(1)  reduced fees for the deer breeder permit; and
(2)  a permit with an extended duration.
(e)  The Parks and Wildlife Commission and the Texas Animal Health Commission may adopt rules to implement this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 813 (S.B. 1586), Sec. 1, eff. June 19, 2009.
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 M. Saltwater Sportfishing Stamp › Section 43.401. Definition

Sec. 43.401.  DEFINITION.  In this subchapter, "saltwater" has the meaning prescribed by Section 66.001 of this code.
Added by Acts 1985, 69th Leg., ch. 640, Sec. 1, eff. Jan. 1, 1986.
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 M. Saltwater Sportfishing Stamp › Section 43.402. Saltwater Sportfishing Stamp Required

Sec. 43.402.  SALTWATER SPORTFISHING STAMP REQUIRED.  (a)  Except as provided by Subsection (b) or (c) of this section, no person may engage in fishing in saltwater for sporting purposes in this state, or unload in this state fish or other aquatic life taken for sporting purposes from waters managed by the Gulf of Mexico Fishery Management Council established under the Fishery Conservation and Management Act of 1976 (16 U.S.C. Section 1801 et seq.), unless the person has acquired a saltwater sportfishing stamp endorsement issued to the person by the department. The commission by rule may prescribe requirements relating to possessing a stamp endorsement required by this subchapter.
(b)  A person who is exempted from obtaining a fishing license under Chapter 46 is not required to obtain a saltwater sportfishing stamp endorsement.
(c)  The commission by regulation may exempt a person from the stamp requirement of this section.
Added by Acts 1985, 69th Leg., ch. 640, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 838, Sec. 16, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 32, eff. June 16, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 40, 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 M. Saltwater Sportfishing Stamp › Section 43.403. Design and Issuance of Stamp

Sec. 43.403.  DESIGN AND ISSUANCE OF STAMP.  (a)  The department may issue a saltwater sportfishing stamp to any person on the payment to the department of $5 or an amount set by the commission, whichever amount is more.  The department may issue other editions of the stamp that are not valid for fishing at an amount set by the commission.  Except as provided by Subsection (d), the stamp must be signed on its face by the person using the stamp for the stamp to be valid for fishing purposes.
(b)  The commission shall prescribe by regulation the form, design, and manner of issuance of the saltwater sportfishing stamp.  The department shall retain the reproduction rights to the design.
(c)  The commission may contract with and pay a person for designing and producing the saltwater sportfishing stamp authorized by this subchapter.
(d)  The commission by rule may prescribe alternate requirements for identifying the purchaser of a stamp issued in an automated manner.
Added by Acts 1985, 69th Leg., ch. 640, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 838, Sec. 17, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 33, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter M. Saltwater Sportfishing Stamp › Section 43.4035. Expiration of Stamp

Sec. 43.4035.  EXPIRATION OF STAMP.  (a)  Except as provided by Subsection (b) or (c), a stamp issued under this subchapter 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 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 a year.
(b)  A saltwater sportfishing stamp issued before September 1 or another date set by the commission that does not expire until August 31 of the following year or another date set by the commission is valid from the date of issuance through August 31 of the following year or another date set by the commission.
(c)  A saltwater sportfishing stamp issued in conjunction with a license issued under Section 46.005 or 46.0051 of this code expires at the same time the license expires or on the expiration date printed on the stamp, whichever is later.
Added by Acts 1993, 73rd Leg., ch. 838, Sec. 18, eff. July 15, 1993.  Amended by Acts 1995, 74th Leg., ch. 931, Sec. 34, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter M. Saltwater Sportfishing Stamp › Section 43.404. Fishing License Required

Sec. 43.404.  FISHING LICENSE REQUIRED.  The acquisition of a saltwater sportfishing stamp does not authorize a person to fish for sporting purposes in saltwater without having acquired a fishing license required by Chapter 46 of this code or authorize saltwater sportfishing at any time or by any means not otherwise authorized by this code.
Added by Acts 1985, 69th Leg., ch. 640, Sec. 1, eff. Jan. 1, 1986.
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 M. Saltwater Sportfishing Stamp › Section 43.405. Collection Fees

Sec. 43.405.  COLLECTION FEES.  (a)  After deduction of the collection fee, the net receipts from stamp sales shall be sent to the department.
(b)  The stamp sale net receipts shall be spent for coastal fisheries enforcement and management and are hereby appropriated for such purposes.
Added by Acts 1985, 69th Leg., ch. 640, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1995, 74th Leg., ch. 931, Sec. 35, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter M. Saltwater Sportfishing Stamp › Section 43.406. Refusal to Show Stamp

Sec. 43.406.  REFUSAL TO SHOW STAMP.  A person fishing in saltwater for sporting purposes who refuses on demand of any game warden or peace officer to show a saltwater sportfishing stamp is presumed to be in violation of Section 43.402.
Added by Acts 1985, 69th Leg., ch. 640, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 78 (H.B. 1346), Sec. 1, 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 M. Saltwater Sportfishing Stamp › Section 43.407. Penalty

Sec. 43.407.  PENALTY.  A person who violates Section 43.402 of this code is guilty of a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 640, Sec. 1, eff. Jan. 1, 1986.
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 O. Conservation Permits › Section 43.521. Conservation Permit Required

Sec. 43.521.  CONSERVATION PERMIT REQUIRED.  (a)  The department may require one person in each vehicle using land under the control of the department that is open to the public to possess a conservation permit issued to the person by the department or its agent under this subchapter.  For the purpose of this subchapter, a use of land includes any use for a consumptive or nonconsumptive purpose.
(b)  The department may require each person to possess a conservation permit to participate in certain activities and to enter certain facilities designated as wildlife management areas, state natural areas or lands that have not been fully developed.
(c)  A person is not required to possess a conservation permit for use of land under the department's control for hunting purposes if the person possesses a current Type II hunting permit issued by the department.
(d)  A person is not required to possess a conservation permit at Washington-on-the-Brazos or San Jacinto State Parks or to attend musical or theatrical productions at Galveston Island or Palo Duro State Parks.
(e)  A person is not required to possess a conservation permit to utilize a state park for day use.
Added by Acts 1991, 72nd Leg., ch. 883, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter O. Conservation Permits › Section 43.522. Issuance and Expiration of Conservation Permit

Sec. 43.522.  ISSUANCE AND EXPIRATION OF CONSERVATION PERMIT.  (a)  The department or its agent may issue a conservation permit to any person on the payment to the department or agent of a fee in an amount set by the commission.
(b)  A conservation permit expires on the first anniversary of the date on which it is issued.
Added by Acts 1991, 72nd Leg., ch. 883, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 45, eff. Sept. 1, 1997.
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 O. Conservation Permits › Section 43.523. Other Permits Required

Sec. 43.523.  OTHER PERMITS REQUIRED.  Possession of a conservation permit does not relieve the holder of the requirement for holding any other permit or paying any other fee or charge for the entrance to or use of land under the department's control that is authorized by law or rule of the commission, including Chapters 12, 21, and 81 of this code, however, the department may grant discounts on charges for entrance and use of land to holders of conservation permits.
Added by Acts 1991, 72nd Leg., ch. 883, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter O. Conservation Permits › Section 43.524. Disposition of Conservation Permit Fees

Sec. 43.524.  DISPOSITION OF CONSERVATION PERMIT FEES.  (a)  After deducting any collection fee, an agent of the department shall send to the department the net receipts from the sale of conservation permits.
(b)  The department may use the net receipts from the sale of conservation permits for the sole purpose of acquiring, leasing, or developing state lands, paying principal and interest on Texas Park Development Bonds, or operating land or facilities under the department's control.
Added by Acts 1991, 72nd Leg., ch. 883, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 931, Sec. 40, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter O. Conservation Permits › Section 43.525. Failure or Refusal to Show Conservation Permit; Penalty

Sec. 43.525.  FAILURE OR REFUSAL TO SHOW CONSERVATION PERMIT;  PENALTY.  (a)  Except as provided by Subsection (b), a person commits an offense if the person is using land under the department's control and fails or refuses to show a conservation permit issued to the person on the demand of a game warden, peace officer, or department employee.
(b)  It is not an offense under Subsection (a) if a person who is using land under the department's control fails to show a conservation permit on the demand of a game warden, peace officer, or department employee, and that person:
(1)  entered land under the department's control as an occupant of a privately owned, noncommercial vehicle in which at least one other occupant possesses and is able to show a conservation permit issued to that other occupant; or
(2)  is a member of a group of individuals that the department has exempted from the requirement for a conservation permit.
(c)  An offense under this section is a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1991, 72nd Leg., ch. 883, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 78 (H.B. 1346), Sec. 2, 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 P. Fish Stock Permit › Section 43.551. Permit for the Taking of Brood Stock by Commercial Aquaculture Facilities

Sec. 43.551.  PERMIT FOR THE TAKING OF BROOD STOCK BY COMMERCIAL AQUACULTURE FACILITIES.  The department may issue a permit to an operator of a commercial aquaculture facility as defined by Section 134.001, Agriculture Code, that authorizes the operator to take a specified quantity of fish brood stock from specified public water.
Added by Acts 1991, 72nd Leg., ch. 586, Sec. 2, eff. Sept. 1, 1991.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 42, 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 P. Fish Stock Permit › Section 43.552. Commission Rules

Sec. 43.552.  COMMISSION RULES.  The commission by rule shall prescribe the requirements and conditions for issuance of a permit authorized by this subchapter.
Added by Acts 1991, 72nd Leg., ch. 586, Sec. 2, eff. Sept. 1, 1991.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 43 - Special Licenses and Permits › Subchapter P. Fish Stock Permit › Section 43.553. Quantity That May Be Taken

Sec. 43.553.  QUANTITY THAT MAY BE TAKEN.  (a)  A permit under this subchapter may allow the operator of a commercial aquaculture facility to take a specified quantity of fish brood stock reasonably necessary for the operation of the aquaculture facility but limited to the extent necessary to protect the availability of fish in public water.
(b)  The commission's rules must set guidelines regarding reasonable quantities of fish brood stock that may be taken under this subchapter.
Added by Acts 1991, 72nd Leg., ch. 586, Sec. 2, eff. Sept. 1, 1991.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 43, 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 P. Fish Stock Permit › Section 43.554. Fees

Sec. 43.554.  FEES.  The commission shall charge the operator of a commercial aquaculture facility a fee equal to the value of the fish authorized to be taken under this subchapter.
Added by Acts 1991, 72nd Leg., ch. 586, Sec. 2, eff. Sept. 1, 1991.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 44, 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 P. Fish Stock Permit › Section 43.555. Penalties

Sec. 43.555.  PENALTIES.  A person who violates this subchapter or a commission rule issued under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 46, eff. Sept. 1, 1997.
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 R. White-Tailed Deer Management Permits › Section 43.601. Permit for Deer Management

Sec. 43.601.  PERMIT FOR DEER MANAGEMENT.  (a)  The department may issue a permit for the management of the wild white-tailed deer population on acreage enclosed by a fence capable of retaining white-tailed deer (under reasonable and ordinary circumstances) and capable of preventing entry by a white-tailed deer.
(b)  The deer managed under the permit remain the property of the people of the state, and the holder of the permit is considered to be managing the population on behalf of the state.
(c)  If a special season with a special bag limit is established by the commission for holders of a deer management permit, the holder of the permit may not receive compensation for granting any other person permission to kill a wild deer during that special season on the acreage covered by the permit.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 47, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1265, Sec. 1, eff. Sept. 1, 1997.
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 R. White-Tailed Deer Management Permits › Section 43.602. Management Plan

Sec. 43.602.  MANAGEMENT PLAN.  (a)  The holder of a deer management permit must annually submit a deer management plan for approval or disapproval of the department.  The management plan must provide for specific management practices to be applied to the deer population on the acreage, which may include, in addition to other practices:
(1)  the temporary detention within an enclosure on the acreage covered by the permit of wild white-tailed deer for the purpose of propagation with other wild deer, and the release of those deer on that acreage;
(2)  the killing of wild deer in open seasons established by the commission in a number set in the management plan;  or
(3)  the killing of wild deer during a special season having a special bag limit established by the commission for this permit.
(b)  A management plan approved by the department must be consistent with the regulatory responsibilities of the commission under Chapter 61.
(c)  A management plan may not authorize the killing of wild deer within an enclosure designed for the temporary detention of wild deer under Subsection (a)(1).
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 47, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1265, Sec. 1, eff. Sept. 1, 1997.
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 R. White-Tailed Deer Management Permits › Section 43.603. Conditions; Duration; Fee

Sec. 43.603.  CONDITIONS;  DURATION;  FEE.  (a)  A permit issued under this subchapter is subject to conditions established by the commission, including conditions governing:
(1)  the number of deer that may be killed on the property by a single person;
(2)  the number and type of deer that may be killed or taken under the permit;  and
(3)  the number, type, and length of time that deer may be temporarily detained in an enclosure.
(b)  The permit is valid for a period prescribed by the department of not less than one year.
(c)  The department shall set a fee for the issuance or renewal of a permit in an amount not to exceed $1,000.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 47, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1265, Sec. 1, eff. Sept. 1, 1997.
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 R. White-Tailed Deer Management Permits › Section 43.604. Inspection

Sec. 43.604.  INSPECTION.  An authorized employee of the department may inspect at any time without warrant the records required by Section 43.605 and the acreage for which the permit is issued for the purpose of determining the permit holder's compliance with the management plan.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 47, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1265, Sec. 1, eff. Sept. 1, 1997.
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 R. White-Tailed Deer Management Permits › Section 43.605. Records

Sec. 43.605.  RECORDS.  The holder of a permit issued under this subchapter shall maintain, in a form prescribed by the department, an accurate record showing:
(1)  the number of white-tailed deer taken during the general open seasons and during any special seasons;
(2)  the number of white-tailed deer temporarily detained and released during the permit period;  and
(3)  any other information required by the department that reasonably relates to the activities covered by the permit.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 47, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1265, Sec. 1, eff. Sept. 1, 1997.
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 R. White-Tailed Deer Management Permits › Section 43.606. Application of General Laws

Sec. 43.606.  APPLICATION OF GENERAL LAWS.  Except as expressly provided by this subchapter and the terms and conditions of the permit and management plan, the general laws and regulations of this state applicable to white-tailed deer apply to deer on the acreage covered by the permit.  This subchapter does not restrict or prohibit the use of high fences on acreage not covered by a management plan.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 47, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1265, Sec. 1, eff. Sept. 1, 1997.
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 R. White-Tailed Deer Management Permits › Section 43.607. Penalty

Sec. 43.607.  PENALTY.  (a)  A person commits an offense if the person:
(1)  violates a provision of this subchapter or a regulation of the department adopted under this subchapter;
(2)  violates a condition of permit imposed under Section 43.603(a);
(3)  fails to maintain records required by Section 43.605;  or
(4)  kills or allows to be killed a deer temporarily detained under Section 43.602(a)(1).
(b)  An offense under Subsections (a)(1)-(3) is a Class C Parks and Wildlife Code misdemeanor.
(c)  An offense under Subsection (a)(4) is a Class A Parks and Wildlife Code misdemeanor.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 47, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1265, Sec. 1, eff. Sept. 1, 1997.
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 R. -1. Mule Deer Management Permits › Section 43.621. Permit for Deer Management

Sec. 43.621.  PERMIT FOR DEER MANAGEMENT.  (a)  The department may issue a permit for the management of the wild mule deer population.
(b)  The deer managed under the permit remain the property of the people of the state, and the holder of the permit is considered to be managing the population on behalf of the state.
(c)  If a special season with a special bag limit is established by the commission for holders of a deer management permit, the holder of the permit may receive compensation for granting a person permission to kill a wild deer during that special season on the acreage covered by the permit.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1214 (S.B. 460), Sec. 2, eff. June 17, 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 R. -1. Mule Deer Management Permits › Section 43.622. Management Plan

Sec. 43.622.  MANAGEMENT PLAN.  (a)  The holder of a deer management permit must annually submit a deer management plan for approval or disapproval of the department.  The management plan must provide for specific management practices to be applied to the deer population on the acreage, which may include, in addition to other practices:
(1)  the detention, for a period not to exceed 16 months, within an enclosure on the acreage covered by the permit, of wild mule deer for the purpose of propagation with other wild deer or breeder deer, and the release of those deer on that acreage;
(2)  the killing of wild deer in open seasons established by the commission in a number set in the management plan; or
(3)  the killing of wild deer during a special season having a special bag limit established by the commission for this permit.
(b)  A management plan approved by the department must be consistent with the regulatory responsibilities of the commission under Chapter 61.
(c)  A management plan may not authorize the killing of wild deer within an enclosure designed for the temporary detention of wild deer under Subsection (a)(1).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1214 (S.B. 460), Sec. 2, eff. June 17, 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 R. -1. Mule Deer Management Permits › Section 43.623. Conditions; Duration; Fee

Sec. 43.623.  CONDITIONS; DURATION; FEE.  (a)  A permit issued under this subchapter is subject to conditions established by the commission, including conditions governing:
(1)  the number of deer that may be killed on the property by a single person;
(2)  the number and type of deer that may be killed or taken under the permit;
(3)  the number and type of deer that may be temporarily detained in an enclosure; and
(4)  the length of time that deer may be temporarily detained in an enclosure.
(b)  The permit is valid for a period prescribed by the department of not less than one year.
(c)  The department shall set a fee for the issuance or renewal of a permit in an amount not to exceed $1,000.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1214 (S.B. 460), Sec. 2, eff. June 17, 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 R. -1. Mule Deer Management Permits › Section 43.624. Inspection

Sec. 43.624.  INSPECTION.  An authorized employee of the department may inspect at any time without warrant the records required by Section 43.625 and the acreage for which the permit is issued for the purpose of determining the permit holder's compliance with the management plan.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1214 (S.B. 460), Sec. 2, eff. June 17, 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 R. -1. Mule Deer Management Permits › Section 43.625. Records

Sec. 43.625.  RECORDS.  The holder of a permit issued under this subchapter shall maintain, in a form prescribed by the department, an accurate record showing:
(1)  the number of mule deer taken during the general open seasons and during any special seasons;
(2)  the number of mule deer temporarily detained and released during the permit period; and
(3)  any other information required by the department that reasonably relates to the activities covered by the permit.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1214 (S.B. 460), Sec. 2, eff. June 17, 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 R. -1. Mule Deer Management Permits › Section 43.626. Application of General Laws

Sec. 43.626.  APPLICATION OF GENERAL LAWS.  Except as expressly provided by this subchapter and the terms of the permit and management plan, the general laws and regulations of this state applicable to mule deer apply to deer on the acreage covered by the permit.  This subchapter does not restrict or prohibit the use of high fences.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1214 (S.B. 460), Sec. 2, eff. June 17, 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 R. -1. Mule Deer Management Permits › Section 43.627. Penalty

Sec. 43.627.  PENALTY.  (a)  A person commits an offense if the person:
(1)  violates this subchapter or a rule adopted under this subchapter;
(2)  violates a condition of permit imposed under Section 43.623(a);
(3)  fails to maintain records required by Section 43.625; or
(4)  kills or allows to be killed a deer temporarily detained under Section 43.622(a)(1).
(b)  An offense under Subsections (a)(1)-(3) is a Class C Parks and Wildlife Code misdemeanor.
(c)  An offense under Subsection (a)(4) is a Class A Parks and Wildlife Code misdemeanor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1214 (S.B. 460), Sec. 2, eff. June 17, 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 S. Migratory and Upland Game Bird Stamps › Section 43.651. Definitions

Sec. 43.651.  DEFINITIONS.  In this subchapter:
(1)  "Migratory game bird" means any bird listed in Section 64.021 and includes any other species of migratory bird that the commission by rule designates as a migratory game bird.
(2)  "Upland game bird" means any bird listed in Section 64.001, other than a bird that is also listed in Section 64.021, and includes any other species of upland game bird that the commission by rule designates as an upland game bird.
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 43.652. Migratory or Upland Game Bird Stamp Required

Sec. 43.652.  MIGRATORY OR UPLAND GAME BIRD STAMP REQUIRED.  (a)  Except as provided by Subsection (b), a person may not hunt a migratory or upland game bird in this state unless the person possesses the appropriate migratory or upland game bird stamp, as applicable, issued to the person by the department.  The commission by rule may adopt requirements relating to possessing a stamp required by this subchapter.
(b)  The commission by rule may exempt a person or class of persons from the stamp requirement of this section.
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 43.653. Hunting License Required

Sec. 43.653.  HUNTING LICENSE REQUIRED.  The possession of either a migratory or upland game bird stamp does not authorize a person to hunt a migratory or upland game bird:
(1)  without possessing a hunting license as provided by Chapter 42; or
(2)  at any time or by means not otherwise authorized by this code.
Added by Acts 2005, 79th Leg., Ch. 882 (S.B. 1192), Sec. 1, eff. June 17, 2005.