reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.003. Placing Explosives or Harmful Substances in Water

Sec. 66.003.  PLACING EXPLOSIVES OR HARMFUL SUBSTANCES IN WATER.  (a)  No person may place in the water of this state an explosive, poison, or other substance or thing deleterious to fish.
(b)  Subsection (a) of this section does not apply to the use of explosives necessary for construction purposes when the use is authorized in writing by the department.
(c)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1256, Sec. 103, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.004. Taking of Fish by Electric Shock Prohibited; Exception

Sec. 66.004.  TAKING OF FISH BY ELECTRIC SHOCK PROHIBITED;  EXCEPTION.  (a)  Except as provided by Subsection (d) of this section, no person may catch fish by using an electricity-producing device designed to shock fish.
(b)  No person may manufacture or sell an electricity-producing device designed to shock fish.
(c)  Except as provided by Subsection (d) of this section, no person may possess an electricity-producing device commonly used to shock fish.  The possession of an electricity-producing device commonly used to shock fish, in a boat or within one-half mile of any water of this state, is a violation of this section by the person in possession of the device.
(d)  This section does not prohibit the use of an electricity-producing device of not more than three volts connected to a shrimp trawl used by an operator of a licensed commercial gulf shrimp boat in the outside water of this state at depths of more than seven fathoms.  To qualify under this exemption, the commercial gulf shrimp boat and the trawl must be operating in compliance with the provisions of Chapter 77 of this code relating to the taking of shrimp.
(e)  An electricity-producing device used or possessed in violation of this section is a nuisance, and an officer of the department who has probable cause to believe that a device is used or possessed in violation of this section may search a boat, vehicle, campsite, or person and seize the device and hold it as evidence for the trial of the person in possession of the device.  If the person is found guilty of a violation of this section, the department shall be responsible for the destruction of the device unless it can be utilized by the department for research purposes, or upon request the device may be released to a state-supported college or university for use in marine or aquatic research.  An officer of the department who seizes or destroys a device is immune from liability for any damages resulting from seizure or destruction, and the department is likewise immune from liability for any damages resulting from seizure, destruction, or disposition thereof.
(f)  For purposes of this section, an "electricity-producing device" includes any device that produces or directs an electrical current and is used to shock, stun, disorient, or kill fish.
(g), (h) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 1662, ch. 656, Sec. 1, eff. Aug. 29, 1977;  Acts 1981, 67th Leg., p. 2542, ch. 676, art. 2, Sec. 1 to 4, eff. Sept. 1, 1981;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 738, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.005. Wilful Destruction of Boat, Seine, or Net

Sec. 66.005.  WILFUL DESTRUCTION OF BOAT, SEINE, OR NET.  No person may wilfully, with the intent to injure the owner, take a boat, seine, net, or other device for fishing into prohibited water, or use a boat, seine, net, or other device for fishing to take fish unlawfully, so as to cause the destruction of the boat, seine, net, or device.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 60, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.006. Possession of Illegal Fishing Devices

Sec. 66.006.  POSSESSION OF ILLEGAL FISHING DEVICES.  (a)  No person may possess a device designed to catch fish or other aquatic wildlife in or on the public water of this state where the use of the device is not permitted by this code or by a proclamation of the commission under this code unless the device is on board a vessel that is in public coastal water and is:
(1)  in port; or
(2)  in a marked channel and the vessel is going directly to or from public water in this state where the use of the device is permitted.
(b)  No person may possess or use for the purpose of catching finfish a seine, strike net, gill net, or trammel net in or on the public water of this state unless the seine, strike net, gill net, or trammel net is equipped with floats at intervals of six feet or less and of sufficient buoyancy to maintain the seine, strike net, gill net, or trammel net in an upright position in the water so that the floats are visible on the surface of the water thereby avoiding a hazard to motorboat traffic.
(c)(1) No person may possess a seine, strike net, gill net, or trammel net on or within 500 yards of any public coastal water of this state where the use of the seine or net for the catching of fish is not permitted by this code or by a proclamation of the commission under this code.
(2)  It is a defense to prosecution under this subsection that the seine, strike net, gill net, or trammel net was possessed within 500 yards of a public coastal water of this state for a lawful fishing activity.
Added by Acts 1989, 71st Leg., ch. 27, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.0071. Removal of Harmful Aquatic Plants

Sec. 66.0071.  REMOVAL OF HARMFUL AQUATIC PLANTS.  On leaving any public or private body of water in this state, a person shall immediately remove and lawfully dispose of any exotic aquatic plant on the list of prohibited plants adopted under Section 66.0072 that is clinging or attached to the person's:
(1)  vessel or watercraft; or
(2)  trailer, motor vehicle, or other mobile device used to transport or launch a vessel or watercraft.
Added by Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 27, eff. June 18, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 15, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 661 (S.B. 1480), Sec. 5, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.0073. Rules Requiring Water to Be Drained

Sec. 66.0073. RULES REQUIRING WATER TO BE DRAINED.  (a)  In this section:
(1)  "Public water" has the meaning assigned by Section 66.015.
(2)  "Salt water" has the meaning assigned by Section 66.001.
(3)  "Vessel" has the meaning assigned by Section 31.003.
(b)  The commission may adopt rules requiring a person leaving or approaching public water to drain from a vessel or portable container on board the vessel any water that has been collected from or has come in contact with public water.  This subsection does not apply to salt water.
(c)  When promulgating rules described by Subsection (b), the commission shall consider the effects on boaters, anglers, and local interests while maintaining the ability to prevent the spread of harmful or potentially harmful exotic fish, shellfish, and aquatic plants.
(d)  If the commission adopts rules described by Subsection (b), an authorized employee of the department may inspect a vessel leaving or approaching public water, including any portable containers on board the vessel, for the presence of water.  This subsection does not apply to a vessel that is on public water.
Added by Acts 2013, 83rd Leg., R.S., Ch. 908 (H.B. 1241), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.008. Fishing From Bridge

Sec. 66.008.  FISHING FROM BRIDGE.  (a)  No person may fish from the deck or road surface of any bridge or causeway on a road maintained by the Texas Department of Transportation.
(b)  No person may deposit or leave any dead fish, crab, or bait on the deck or road surface of any bridge or causeway on a road maintained by the Texas Department of Transportation.
(c)  The Texas Department of Transportation shall post appropriate signs on all bridges and causeways affected by this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 165, Sec. 22(66), eff. Sept. 1, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.009. Navigation Districts

Sec. 66.009.  NAVIGATION DISTRICTS.  (a)  No person may use a seine or net of any type, trotline, or other mechanical or physical device, except hook and line, to catch fish in a channel, turning basin, or other water of a navigation district operating under Chapter 63, Water Code.
(b)  The possession of a mechanical device referred to in Subsection (a) of this section within a navigation district operating under Chapter 63, Water Code, is prima facie evidence of a violation of Subsection (a) of this section.
(c)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.0091. Fishing in Certain Man-Made Waterways

Sec. 66.0091.  FISHING IN CERTAIN MAN-MADE WATERWAYS.  (a)  This section applies to a county in which at least 60 percent of the total area of the county is regularly covered by water and in which the majority of the total area of a wildlife refuge for species of wildlife on the federal endangered species list is located.
(b)  No person may take or attempt to take fish of any variety by the use of nets, except hand-cast nets or minnow seines, from any canal or other artificial or man-made waterway within any platted subdivision platted under Chapter 231, Acts of the 40th Legislature, Regular Session, 1927 (Article 974a, Vernon's Texas Civil Statutes), if two or more residences abut onto the canal or waterway.
(c)  No person may set any net in the mouth of a canal or waterway described in this section that interferes with or impedes the free movement of fish into or out of the canal or waterway.
Added by Acts 1987, 70th Leg., ch. 635, Sec. 1, eff. June 19, 1987.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.011. Leaving Fish to Die

Sec. 66.011.  LEAVING FISH TO DIE.  A person commits an offense if the person leaves edible fish or bait fish taken from the public waters of this state to die without the intent to retain the fish for consumption or bait.
Added by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 2, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.012. Penalties

Sec. 66.012.  PENALTIES.  (a)  Except as otherwise provided by this section, a person who violates a provision of this subchapter or a rule adopted by the commission under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b)  A person who violates Section 66.003, 66.004, 66.005, 66.006(c), 66.009, 66.015, 66.021, or 66.0091 of this code commits an offense that is a Class B Parks and Wildlife Code misdemeanor.
(c)  An offense under Section 66.004, 66.006(c), or 66.015 is a Class A Parks and Wildlife Code misdemeanor if it is shown at the trial of a person for the offense that the person has been previously convicted one time of a violation of the same section.
(d)  An offense under Section 66.004 or 66.015 is a Parks and Wildlife Code felony if it is shown at the trial of a person for the offense that the person has been previously convicted two or more times of a violation of the same section.
(e)  An offense under Section 66.007, 66.0072, 66.020(f), or 66.020(g) or a proclamation adopted by the commission under those sections is a Class B Parks and Wildlife Code misdemeanor if it is shown at the trial of a person for the offense that the person has been previously convicted one time of a violation of the same section.
(f)  An offense under Section 66.007, 66.0072, 66.020(f), or 66.020(g) or a proclamation adopted by the commission under those sections is a Class A Parks and Wildlife Code misdemeanor if it is shown at the trial of a person for the offense that the person has been previously convicted two or more times of a violation of the same section.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 61, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 635, Sec. 2, eff. June 19, 1987;  Acts 1989, 71st Leg., ch. 637, Sec. 9, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 738, Sec. 3, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 723, Sec. 11, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 661 (S.B. 1480), Sec. 7, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.013. Federal Grants

Sec. 66.013.  FEDERAL GRANTS.  Federal grants for research and development of commercial fisheries may be used for individual fishery projects with the approval of the department.
Added by Acts 1989, 71st Leg., ch. 637, Sec. 10, eff. Sept. 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.014. Identification of Vehicle Transporting Aquatic Products

Sec. 66.014.  IDENTIFICATION OF VEHICLE TRANSPORTING AQUATIC PRODUCTS.  (a)  No person may transport any aquatic product for commercial purposes unless the person clearly identifies the motor vehicle, trailer, or semitrailer as a vehicle that carries aquatic products.  The commission shall prescribe by proclamation the identification requirements for a motor vehicle, trailer, or semitrailer transporting aquatic products, and the commission may prescribe that the identification shall list the state of origin of the aquatic products.  In this subsection, "motor vehicle," "trailer," and "semitrailer" have the meanings assigned by Section 541.201, Transportation Code.
(b)  A person who violates this section commits an offense.  An offense under this section is a Class C Parks and Wildlife Code misdemeanor.
(c)  "Aquatic product" means any uncooked, fresh or frozen aquatic animal life.
Added by Acts 1985, 69th Leg., ch. 827, Sec. 6, eff. Aug. 26, 1985.  Renumbered from Sec. 66.011 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(40), eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 723, Sec. 12, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 165, Sec. 30.235, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1256, Sec. 104, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.015. Introduction of Fish, Shellfish, and Aquatic Plants

Sec. 66.015.  INTRODUCTION OF FISH, SHELLFISH, AND AQUATIC PLANTS.  (a)  In this section, "public water" means the bays, estuaries, and water of the Gulf of Mexico within the jurisdiction of the state, and the rivers, streams, creeks, bayous, reservoirs, lakes, and portions of those waters where public access is available without discrimination.
(b)  No person may place any species of fish, shellfish, or aquatic plant into the public water of the state without a permit issued by the department.
(c)  The department shall establish rules and regulations governing the issuance of permits under this section.
(d)  Subsection (b) of this section does not apply to native, nongame fish as defined by the commission, except in waters designated by the commission where threatened or endangered fish are present.
(e)  A person violates this section if fish, shellfish, or aquatic plants the person possesses or has placed in nonpublic water escape into the public water of the state and the person does not hold a permit issued under this section.
(f)  An employee of the department acting at the direction of the commission is exempt from this section.
Added by Acts 1989, 71st Leg., ch. 637, Sec. 11, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 105, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.016. Commercial Fishing Regulations Applicable if Commercial Plates on Board

Sec. 66.016.  COMMERCIAL FISHING REGULATIONS APPLICABLE IF COMMERCIAL PLATES ON BOARD.  (a)  A person on board a boat licensed or required to be licensed for a commercial fishing activity under Chapter 47, 76, 77, or 78, or any other chapter of this code may not catch and retain any fish species whose sale is prohibited when taken from Texas waters.  While commercial fishing plates are on board, all commercial fishing regulations, size limits, bag limits, possession limits, and the prohibited possession of noncommercial fish species apply.
(b)  Subsection (a) of this section does not apply to a person on board a boat licensed under Chapter 47, 76, 77, or 78 of this code if no commercial fishing plates are on board.  While no commercial fishing plates are on board, all recreational fishing regulations, size limits, bag limits, and possession limits apply.
Added by Acts 1989, 71st Leg., ch. 73, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 455, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.017. License, Tag, and Permit Expirations and Transfers

Sec. 66.017.  LICENSE, TAG, AND PERMIT EXPIRATIONS AND TRANSFERS.  (a)  All licenses, tags, and permits issued under the authority of Chapter 66 of this code are valid only during the yearly period for which they are issued without regard to the date on which the licenses are 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 license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year.
(b)  All licenses, tags, and permits issued under the authority of Chapter 66 of this code may not be transferred to another person except that a license issued in the name of a business shall remain valid for the business location specified on the license or permit if a change of ownership and/or business name occurs.  A license issued under the authority of Section 66.020(e) may be transferred to a new address if the business moves to another location.  The commission, by regulation, may prescribe requirements necessary to clarify license and permit transfer procedures and may prescribe, by regulation, forms to be used and fees to be charged for transfer of licenses and permits in this chapter and for duplicate or replacement licenses, tags, and permits.
Added by Acts 1993, 73rd Leg., ch. 365, Sec. 15, eff. May 31, 1993.  Amended by Acts 1995, 74th Leg., ch. 931, Sec. 67, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.018. Crab Trap Tags

Sec. 66.018.  CRAB TRAP TAGS.  (a)  The department may issue tags for crab traps placed in public water.
(b)  The commission may make regulations for the safe use of crab traps and to carry out the provisions of this section.
(c)  A crab trap tag issued under this section shall be attached to each crab trap placed in public water.  The department may collect a maximum fee of $1.50 for each tag issued under this section;  provided, however, that upon adoption of a crab management plan and the establishment of a crab advisory committee, the commission may determine the amount of the fee.
(d)  No person may place a crab trap in public water unless a crab trap tag is attached to the trap unless a proclamation under Subchapter B, Chapter 78, requires a license that does not require the use of crab trap tags.
(e)  This section shall not apply to persons taking crabs from public water for personal use.
(f)  If the commission adopts a license under Subchapter B, Chapter 78, the department may not collect a fee for any crab trap tag.
Added by Acts 1991, 72nd Leg., ch. 908, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 129, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.021. Protected Fish: Display of Documents

Sec. 66.021.  PROTECTED FISH:  DISPLAY OF DOCUMENTS.  (a)  A person commits an offense if the person possesses a fish described by Subsection 66.020(a) of this code under Subsection 66.020(b) of this code and:
(1)  fails to keep with the fish a document or documents that verify the place of origin of the fish;  or
(2)  fails, on the request of a game warden, to present to the game warden without delay a document or documents that verify the place of origin of the fish.
(b)  Documents that verify the place of origin of any fish described by Subsection 66.020(a) of this code include tags, labels, or invoices required by this code, a regulation of the commission, Chapter 134 of the Agriculture Code, or a regulation of the commissioner of agriculture.
(c)  To commit an offense under Subsection (a) of this section, a person is not required to have a culpable mental state.
Added by Acts 1991, 72nd Leg., ch. 723, Sec. 13, eff. Sept. 1, 1991.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.022. Purchase for Evidence

Sec. 66.022.  PURCHASE FOR EVIDENCE.  A person authorized by the department who, for the purpose of establishing testimony, purchases or sells any aquatic life the purchase or sale of which is prohibited or regulated by this code is immune from prosecution for the purchases or sales.  A conviction for the unlawful purchase or sale of any aquatic animal may be sustained on the uncorroborated testimony of the person authorized by the department to purchase or sell aquatic life.
Added by Acts 1991, 72nd Leg., ch. 723, Sec. 13, eff. Sept. 1, 1991.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.023. Fraud in Fishing Tournaments

Sec. 66.023.  FRAUD IN FISHING TOURNAMENTS.  (a)  In this section, "fishing tournament" means a contest in which a prize is to be awarded to one or more participants in the contest based on the weight, length, number, or type of fish caught by the participants or based on any other criteria applicable to the fish caught.
(b)  A person commits an offense if, with intent to affect the outcome of a fishing tournament:
(1)  the person provides, offers to provide, sells, or offers to sell a fish to a participant in the tournament for the purpose of representing that the fish was caught by the participant in the course of the tournament;
(2)  the person, as a participant in the tournament, accepts or agrees to accept a fish from another person for the purpose of representing that the fish was caught by the participant in the course of the tournament;
(3)  the person, as a participant in the tournament, represents that a fish was caught by the person in the course of the tournament when in fact the fish was not caught by that person or the fish was not caught in the course of that tournament;
(4)  the person alters the length or weight of a fish for the purpose of representing that the fish as entered in the tournament was that length or weight when caught; or
(5)  the person enters a fish in the tournament that was taken in violation of any provision of this code or a proclamation or regulation of the commission adopted under this code.
(c)  A person commits an offense if the person sponsors or conducts a fishing tournament and knows of the occurrence in the tournament of activity prohibited by Subsection (b) of this section and does not immediately notify a law enforcement officer commissioned by the director of its occurrence.
(d)  An offense under this section is a Class A misdemeanor, except that if the offense occurred during a tournament in which any prize or combination of prizes to be awarded for any one category for which an award is given, whether the prize or prizes are to an individual or a team, is worth $10,000 or more in money or goods, the offense is a felony of the third degree.
Transferred, redesignated and amended from Parks and Wildlife Code, Section 66.119 by Acts 2011, 82nd Leg., R.S., Ch. 114 (H.B. 1806), Sec. 1, eff. May 21, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter A. Provisions Applicable to Freshwater and Saltwater Fishing and Aquatic Plants › Section 66.024. Seagrass Plants

Sec. 66.024.  SEAGRASS PLANTS.  (a)  In this section, "seagrass plant" means a flowering marine plant of the species:
(1)  Cymodocea filiformis, known as manatee grass;
(2)  Halodule beaudettei or Halodule wrightii, known as shoal grass;
(3)  Halophila engelmannii, known as star grass or Engelmann's seagrass;
(4)  Ruppia maritima, known as widgeon grass; or
(5)  Thalassia testudinum, known as turtle grass.
(b)  A person may not uproot or dig out any rooted seagrass plant from a bay bottom or other saltwater bottom area in the jurisdiction of this state by means of a propeller, except as that uprooting or digging out may be authorized by a commercial license or permit issued by the department.
(c)  It is a defense to prosecution under this section that a person:
(1)  anchors a vessel within an area containing seagrass plants and uproots a seagrass plant;
(2)  uses an electric trolling motor within an area containing seagrass plants and uproots a seagrass plant; or
(3)  operates a vessel in a manner consistent with the acceleration required to reach and stay on plane.
(d)  A person who violates this section or a proclamation of the commission under this section commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1071 (H.B. 3279), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter B. Fresh Water Fishing › Section 66.102. Placing Prohibited Devices in Public Water

Sec. 66.102.  PLACING PROHIBITED DEVICES IN PUBLIC WATER.  A device designed to catch fish or other aquatic wildlife resources that is placed in the public fresh water of this state in violation of a law or commission proclamation is a nuisance, and a game warden or other peace officer shall confiscate and dispose of the device as provided by Section 12.1104 or 12.1105, as applicable.  A game warden or other peace officer is immune from liability for the destruction of devices found in violation of this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 23, ch. 9, art. I, Sec. 3, eff. Aug. 29, 1983.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 34 (S.B. 599), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter B. Fresh Water Fishing › Section 66.109. Fish Ladders

Sec. 66.109.  FISH LADDERS.  (a)  The department, by written order, may require the owner of a public or private dam or other obstruction on a regularly flowing public freshwater stream to construct or repair fishways or fish ladders sufficient to allow fish in all seasons to ascend or descend the dam or other obstruction for the purpose of depositing spawn.
(b)  An owner who fails to construct or repair a fishway or fish ladder within 90 days after receiving the written order commits an offense.  Each week of violation following the 90-day period constitutes a separate offense.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 62, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1256, Sec. 106, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter B. Fresh Water Fishing › Section 66.110. Screens to Protect Fish

Sec. 66.110.  SCREENS TO PROTECT FISH.  (a)  The department may direct a person or corporation taking fresh water of the state to cover the entrance of the intake canal, pipe, or other device used for taking water with a screen to protect fish.
(b)  The department may regulate the manner of installation and the specifications of screens and other obstructions required under this section.
(c)  No person may fail to comply with a direction of the department made in writing under Subsection (a) of this section.
(d)  Each day's failure to comply with this section constitutes a separate offense.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 63, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter B. Fresh Water Fishing › Section 66.111. Sale and Purchase of Certain Fish

Sec. 66.111.  SALE AND PURCHASE OF CERTAIN FISH.
(a)  Except as provided by Subsection (b), no person may buy or offer to buy, sell or offer to sell, possess for the purpose of sale, transport or ship for the purpose of sale, or barter or exchange  any fish taken from the public fresh water of this state.
(b)  Subsection (a) does not apply to:
(1)   nongame fish regulated under Chapter 67; or
(2)  channel catfish of more than 14 inches in length or blue catfish of more than 14 inches in length taken from the public fresh water of Angelina, Bowie, Camp, Cass, Chambers, Franklin, Freestone, Gregg, Hardin, Harris, Harrison, Jasper, Jefferson, Lamar, Leon, Liberty, Madison, Marion, Montgomery, Morris, Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Red River, Sabine, San Augustine, San Jacinto, Shelby, Titus, Trinity, Tyler, Upshur, or Walker County, the public fresh water of the Neches or Trinity River in Houston County, the public fresh water of the Colorado River in Bastrop, Colorado, Fayette, Matagorda, or Wharton County, or the public fresh water of Falcon Lake in Starr or Zapata County.
(c)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 129 (H.B. 1333), Sec. 4, eff. September 1, 2023.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 2, eff. Sept. 1, 1975;  Acts 1979, 66th Leg., p. 908, ch. 416, Sec. 1, eff. Aug. 27, 1979;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, art. 4, Sec. 3, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 827, Sec. 7, eff. Aug. 26, 1985;  Acts 1987, 70th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 586, Sec. 1, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 409, Sec. 1, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 912, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 760 (H.B. 1181), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 55, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 129 (H.B. 1333), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 129 (H.B. 1333), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter B. Fresh Water Fishing › Section 66.114. Game and Nongame Fish Defined: Commission Proclamation

Sec. 66.114.  GAME AND NONGAME FISH DEFINED:  COMMISSION PROCLAMATION.  The commission by proclamation shall define game and nongame fish.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 4, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 409, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter B. Fresh Water Fishing › Section 66.115. Handfishing

Sec. 66.115.  HANDFISHING.  (a)  In this section, "handfishing" means fishing for catfish by the use of hands only and without any other fishing device such as a gaff, pole hook, trap, or spear.
(b)  A person holding the required fishing license and freshwater fishing stamp issued to the person by the department may engage in handfishing in the public fresh water of this state.
(c)  The commission may adopt rules related to handfishing.
Added by Acts 2011, 82nd Leg., R.S., Ch. 309 (H.B. 2189), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter B. Fresh Water Fishing › Section 66.121. Penalty

Sec. 66.121.  PENALTY.  A person who violates Section 66.109, 66.110, 66.111, or 66.117(b) of this code or a regulation adopted under Section 66.115 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 64, eff. Sept. 1, 1985.  Renumbered from Sec. 66.119 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(41), eff. Sept. 1, 1987.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter C. Saltwater Fishing › Section 66.2011. Red Drum and Speckled Sea Trout: Penalties

Sec. 66.2011.  RED DRUM AND SPECKLED SEA TROUT:  PENALTIES.  In addition to the penalty provided in Section 66.218, a person who violates a proclamation issued under Chapter 61 shall have all equipment, other than vessels, in the person's possession used for the taking of red drum or speckled sea trout confiscated.  A person who violates a proclamation issued under Chapter 61 three or more times within a five-year period shall have all equipment, including vessels, in the person's possession used for the taking of redfish or speckled sea trout confiscated.
Added by Acts 1977, 65th Leg., p. 722, ch. 270, Sec. 5, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 375, ch. 153, Sec. 2, eff. Sept. 1, 1981;  Acts 1983, 68th Leg., p. 33, ch. 9, art. II, Sec. 2, eff. Aug. 29, 1983;  Acts 1983, 68th Leg., p. 969, ch. 229, Sec. 1, eff. Sept. 1, 1983;  Acts 1983, 68th Leg., p. 4054, ch. 634, Sec. 1, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 66, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 542, Sec. 1, eff. Aug. 31, 1987;  Acts 1997, 75th Leg., ch. 1256, Sec. 107, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter C. Saltwater Fishing › Section 66.2012. Regulation of Commercial Uses of Redfish and Speckled Sea Trout

Sec. 66.2012.  REGULATION OF COMMERCIAL USES OF REDFISH AND SPECKLED SEA TROUT.  (a)  The commission by proclamation may regulate the catching, possession, transportation, sale, and purchase for commercial purposes in this state of redfish and speckled sea trout.  A proclamation issued under this section must contain findings by the commission that support the need for the proclamation.
(b)  In determining whether to permit or prohibit any commercial use of redfish and speckled sea trout under Subsection (a) of this section, the commission shall consider:
(1)  the availability of redfish and speckled sea trout in the coastal water of this state;
(2)  the availability of redfish and speckled sea trout from sources other than the coastal water of this state;
(3)  the economic interests of commercial and sports fishermen and related industries in this state;
(4)  the research of the department made under Section 66.217 of this code;
(5)  the protection of redfish and speckled sea trout habitat;  and
(6)  the degree of compliance with state law and previous regulations of the commission by fishermen and fish dealers in this state.
(c)  A proclamation issued under Subsection (a) of this section may limit the number and size of redfish and speckled sea trout that may be caught, possessed, transported, sold, or purchased and may prescribe the times, places, conditions, and means and manner of catching redfish and speckled sea trout.
(d)  A proclamation of the commission under this section prevails over any conflicting provision of Section 66.020 to the extent of the conflict and only during the period that the proclamation is in effect.
(e)  This section does not apply to activities that are regulated under the exceptions provided by Subdivisions (1), (2), and (5) of Section 66.020(b) or under Subsections (f) and (g) of that section.
(f)  A person who violates a proclamation issued under Subsection (a) is guilty of an offense and is punishable for the first and subsequent offenses by the penalties prescribed by Sections 66.2011 and 66.218.
Added by Acts 1981, 67th Leg., p. 378, ch. 153, Sec. 13, eff. Sept. 1, 1983.  Amended by Acts 1983, 68th Leg., p. 970, ch. 229, Sec. 4, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 67, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1256, Sec. 108, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 129 (H.B. 1333), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter C. Saltwater Fishing › Section 66.204. Vessels and Obstructions in Fish Passes

Sec. 66.204.  VESSELS AND OBSTRUCTIONS IN FISH PASSES.  (a)  The commission by proclamation may regulate the placement of obstructions, traps, and mooring in fish passes and the marking of restricted areas in any natural or artificial pass that is opened, reopened, dredged, excavated, constructed, or maintained by the department as a fish pass between the Gulf of Mexico and an inland bay.
(b)  No person may operate, possess, or moor a vessel or other floating device, or may place any piling, wire, rope, cable, net, trap, or other obstruction, in a natural or artificial pass opened, reopened, dredged, excavated, constructed, or maintained by the department as a fish pass between the Gulf of Mexico and an inland bay within the distance inside the pass from the mouth of the pass where it empties into the Gulf of Mexico to a marker or sign erected by the department indicating the restricted area.
(c)  This section does not restrict the power of the United States to regulate navigation.
(d)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 14, Sec. 1, eff. April 25, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter C. Saltwater Fishing › Section 66.206. Trotline Tags

Sec. 66.206.  TROTLINE TAGS.  (a)  The department shall issue numbered tags for trotlines used in public salt water.
(b)  The commission may make regulations for the safe use of trotlines and to carry out the provisions of this section.
(c)  A trotline tag shall be attached to each 300 feet of trotline or fractional part of 300 feet.  The department shall collect a fee of $2 for each tag issued or an amount set by the commission, whichever amount is more.
(d)  No person may use a trotline in public salt water unless the trotline has attached to it the proper number of trotline tags.
(e)  This section does not apply to a person fishing trotlines under a commercial finfish fisherman's license.
(f)  Repealed by Acts 1977, 65th Leg., p. 382, ch. 190, Sec. 5(2), eff. May 20, 1977.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 382, ch. 190, Sec. 5(2), eff. May 20, 1977;  Acts 1983, 68th Leg., p. 1337, ch. 277, Sec. 44, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 61, art. 3, Sec. 110, eff. Sept. 1, 1985;  Acts 1999, 76th Leg., ch. 455, Sec. 10, eff. Sept. 1, 2000.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter C. Saltwater Fishing › Section 66.208. Commercial Joint Fishing Ventures

Sec. 66.208.  COMMERCIAL JOINT FISHING VENTURES.  (a)  No person who is engaged in taking seafood in a commercial joint venture may sell or offer to sell the products of the joint venture except in the regular course of the joint venture with the express or implied consent of the co-venturer.
(b)  No person who is employed to take seafood may sell or offer to sell the products taken in the course of his employment without the express or implied consent of his employer.
(c)  No person may purchase seafood with the knowledge that it is sold in violation of Subsection (a) or (b) of this section.
(d)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter C. Saltwater Fishing › Section 66.215. Tags for Noncommercial Nets and Seines

Sec. 66.215.  TAGS FOR NONCOMMERCIAL NETS AND SEINES.  (a)  Except as provided in Subsection (b) of this section, no person may place or use in the coastal water of this state a net or seine unless there is attached to the net or seine a tag that discloses the name and address of the owner of the net or seine.
(b)  This section does not apply to a person who holds a commercial fishing license under Chapter 47 of this code or to a net or seine on which there is attached the license required by Section 47.015 of this code.
(c)  Authorized employees of the department may seize a net or seine in coastal water in violation of this section and retain the net or seine as evidence.  If the owner of the net or seine seized under this subsection is not identified before the expiration of 90 days after its seizure, the net or seine may be disposed of under Section 12.011 of this code or as provided by other law.
Added by Acts 1979, 66th Leg., p. 1166, ch. 565, Sec. 1, eff. July 1, 1980.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 72, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter C. Saltwater Fishing › Section 66.216. Possession of Headed or Tailed Fish

Sec. 66.216.  POSSESSION OF HEADED OR TAILED FISH.  (a)  No person may possess a finfish of any species taken from coastal water, except broadbill swordfish, shark, or king mackerel, that has the head removed unless the fish has been finally processed and delivered to the final destination or to a certified wholesale or retail dealer.
(b)  No person may possess a finfish of any species taken from coastal water, except broadbill swordfish or king mackerel, that has the tail removed unless the fish has been finally processed and delivered to the final destination or to a certified wholesale or retail dealer.
Added by Acts 1981, 67th Leg., p. 376, ch. 153, Sec. 6, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 73, eff. Sept. 1, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1254 (H.B. 1579), Sec. 1, eff. July 1, 2016.