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 C. Saltwater Fishing › Section 66.217. Finfish Research

Sec. 66.217.  FINFISH RESEARCH.  (a)  The department shall conduct continuous research and study of:
(1)  the supply, economic value, environment, and breeding habits of the various species of finfish, including red drum and speckled sea trout;
(2)  factors affecting the increase or decrease of finfish supply;
(3)  the use of trawls, nets, and other devices for the taking of finfish;
(4)  the effect on finfish of industrial and other types of water pollution in areas naturally frequented by finfish;  and
(5)  statistical information gathered by the department on the marketing, harvesting, processing, and catching of finfish landed in this state.
(b)  The department shall make findings based on the research required by Subsection (a) of this section.
(c)  The findings shall be filed in the permanent records of the department.
Added by Acts 1981, 67th Leg., p. 378, ch. 153, Sec. 12, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 391, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter C. Saltwater Fishing › Section 66.218. Penalties

Sec. 66.218.  PENALTIES.  (a)  Except as otherwise provided by this section, a person who violates a provision of this subchapter or a proclamation adopted under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b)  If it is shown at the trial for a violation of Section 66.2011, 66.2012, 66.2014, or 66.208 of this code or a proclamation adopted under those sections that the defendant has been convicted within five years before the trial date of a violation of the section for which the defendant is being prosecuted, on conviction the defendant shall be punished for a Class B Parks and Wildlife Code misdemeanor.
(c)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 101 (S.B. 1839), Sec. 2, eff. September 1, 2023.
(d)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 101 (S.B. 1839), Sec. 2, eff. September 1, 2023.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 74, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 723, Sec. 15, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1254 (H.B. 1579), Sec. 3, eff. July 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 101 (S.B. 1839), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter D. Texas Territorial Water › Section 66.301. Definition

Sec. 66.301.  DEFINITION.  In this subchapter, "coastal water" means all of the salt water of this state, including that portion of the Gulf of Mexico within the jurisdiction of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter D. Texas Territorial Water › Section 66.303. Prohibited Acts

Sec. 66.303.  PROHIBITED ACTS.  No unlicensed alien vessel may take or attempt to take by any means or possess any natural resource of the coastal water of this state.
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. 75, 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 D. Texas Territorial Water › Section 66.304. Port Authorities and Navigation Districts

Sec. 66.304.  PORT AUTHORITIES AND NAVIGATION DISTRICTS.  It is the duty of the port authorities and navigation districts of this state to prevent the use of any port facility in a manner that they reasonably suspect may assist in the violation of this subchapter.  They shall use all reasonable means, including the inspection of nautical logs, to ascertain from masters of newly arrived vessels of all types, other than warships of the United States, the presence of alien commercial fishing vessels within the coastal water of this state and shall promptly transmit the information to the department and to law enforcement agencies of this state as the situation may indicate.  They shall request assistance from the United States Coast Guard in appropriate cases to prevent unauthorized departure from any port facility.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter D. Texas Territorial Water › Section 66.305. Harbor Pilots

Sec. 66.305.  HARBOR PILOTS.  All harbor pilots shall promptly transmit any knowledge coming to their attention regarding possible violations of this subchapter to the appropriate navigation district or port authority or the appropriate law enforcement officials.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter D. Texas Territorial Water › Section 66.306. Enforcement

Sec. 66.306.  ENFORCEMENT.  All law enforcement agencies of the state, including agents of the department, are empowered and directed to arrest the masters and crews of vessels that are reasonably believed to be in violation of this chapter and to seize and detain the vessels and their equipment and catch.  The arresting officer shall take the offending crews or property before the court having jurisdiction of the offense.  The agencies are directed to request assistance from the United States Coast Guard in the enforcement of this Act when the agencies are without means to effectuate arrest and restraint of vessels and their crews operating in violation or probable violation of this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter D. Texas Territorial Water › Section 66.307. Political Asylum

Sec. 66.307.  POLITICAL ASYLUM.  No crew member or master seeking bona fide political asylum shall be fined or imprisoned under this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 66 - Fish and Aquatic Plants › Subchapter D. Texas Territorial Water › Section 66.308. Penalty

Sec. 66.308.  PENALTY.  A captain, master, or owner of an unlicensed alien vessel or boat who violates Section 66.303 of this code commits an offense that is a Class B Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 76, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 67 - Nongame Species › Section 67.001. Definition

Sec. 67.001.  DEFINITION.  In this chapter, "nongame" means those species of vertebrate and invertebrate wildlife indigenous to Texas that are not classified as game animals, game birds, game fish, fur-bearing animals, endangered species, alligators, marine penaeid shrimp, or oysters.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 63, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 863, Sec. 7, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1256, Sec. 109, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 67 - Nongame Species › Section 67.0011. Exemption of Crayfish

Sec. 67.0011.  EXEMPTION OF CRAYFISH.  This chapter does not apply to crayfish, other than in public water.
Added by Acts 1981, 67th Leg., p. 399, ch. 161, Sec. 4, eff. May 20, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 67 - Nongame Species › Section 67.002. Management of Nongame Species

Sec. 67.002.  MANAGEMENT OF NONGAME SPECIES.  (a)  The department shall develop and administer management programs to insure the continued ability of nongame species of fish and wildlife to perpetuate themselves successfully.
(b)  In managing nongame species of fish and wildlife, the department may:
(1)  disseminate information pertaining to nongame species conservation, management, and values;
(2)  conduct scientific investigation and survey of nongame species for better protection and conservation;
(3)  propagate, distribute, protect, and restore nongame species;
(4)  research and manage nongame species;
(5)  develop habitats for nongame species;  and
(6)  acquire habitats for nongame species.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 64, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 67 - Nongame Species › Section 67.003. Continuing Scientific Investigations

Sec. 67.003.  CONTINUING SCIENTIFIC INVESTIGATIONS.  The department shall conduct ongoing investigations of nongame fish and wildlife to develop information on populations, distribution, habitat needs, limiting factors, and any other biological or ecological data to determine appropriate management and regulatory information.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 67 - Nongame Species › Section 67.004. Issuance of Regulations

Sec. 67.004.  ISSUANCE OF REGULATIONS.  (a)  The commission by regulation shall establish any limits on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species.
(b)  The regulations shall state the name of the species or subspecies, by common and scientific name, that the department determines to be in need of management under this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 110, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 67 - Nongame Species › Section 67.0041. Regulations and Permits

Sec. 67.0041.  REGULATIONS AND PERMITS.  (a)  The department may issue permits for the taking, possession, propagation, transportation, sale, importation, or exportation of a nongame species of fish or wildlife if necessary to properly manage that species.
(b)  The department may charge a fee for a permit issued under this section.  The fee shall be set by the commission.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 65, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 111, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 67 - Nongame Species › Section 67.005. Penalty

Sec. 67.005.  PENALTY.  (a)  A person who violates a regulation of the commission issued under this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b)  A person who violates a regulation of the commission issued under this chapter and who has been convicted on one previous occasion of a violation of a commission regulation under this chapter commits an offense that is a Class B Parks and Wildlife Code misdemeanor.
(c)  A person who violates a regulation of the commission issued under this chapter and who has been convicted on two or more previous occasions of a violation of commission regulations under this chapter commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
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. 77, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.001. Definitions

Sec. 68.001.  DEFINITIONS.  In this chapter:
(1)  "Fish or wildlife" means any wild mammal, aquatic animal, wild bird, amphibian, reptile, mollusk, or crustacean, or any part, product, egg, or offspring, of any of these, dead or alive.
(2)  "Management" means:
(A)  the collection and application of biological information for the purpose of increasing the number of individuals within species or populations of fish or wildlife up to the optimum carrying capacity of their habitat and maintaining these numbers;
(B)  the entire range of activities constituting a full scientific research program, including census studies, law enforcement, habitat acquisition and improvement, and education;  and
(C)  when and where appropriate, the protection of and regulation of the taking of fish and wildlife species and populations.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.002. Endangered Species

Sec. 68.002.  ENDANGERED SPECIES.  Species of fish or wildlife indigenous to Texas are endangered if listed on:
(1)  the United States List of Endangered Native Fish and Wildlife;  or
(2)  the list of fish or wildlife threatened with statewide extinction as filed by the director of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 66, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.003. Statewide Extinction List

Sec. 68.003.  STATEWIDE EXTINCTION LIST.  (a)  The director shall file with the secretary of state a list of fish or wildlife threatened with statewide extinction.
(b)  Fish or wildlife may be classified by the director as threatened with statewide extinction if the department finds that the continued existence of the fish or wildlife is endangered due to:
(1)  the destruction, drastic modification, or severe curtailment of its habitat;
(2)  its overutilization for commercial or sporting purposes;
(3)  disease or predation;  or
(4)  other natural or man-made factors.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.004. Amendments to List by Director

Sec. 68.004.  AMENDMENTS TO LIST BY DIRECTOR.  (a)  If the list of endangered native species issued by the United States is modified, the director shall file an order with the secretary of state accepting the modification.  The order is effective immediately.
(b)  The director may amend the list of species threatened with statewide extinction by filing an order with the secretary of state.  The order is effective on filing.
(c)  The director shall give notice of the intention to file a modification order under Subsection (b) of this section at least 60 days before the order is filed.  The notice must contain the contents of the proposed order.
(d)  If a reclassification petition is filed during the 60-day notice period required by Subsection (c) of this section, the order may not be filed until the conclusion of the proceeding on reclassification.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 67, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.005. Petition of Reclassification

Sec. 68.005.  PETITION OF RECLASSIFICATION.  (a)  Three or more persons may petition the department to add or delete species of fish or wildlife from the statewide extinction list.
(b)  The petition must present substantial evidence for the addition or deletion.
(c)  If fewer than 50 people join in the petition, the department may refuse to review the classification list, but if 50 or more persons join in the petition, the department shall conduct a hearing to review the classification list.  The hearing shall be open to the public, and notice of the hearing shall be given in at least three major newspapers of general circulation in the state at least one week before the date of the hearing.
(d)  Based on the findings at the hearing, the department may file an order with the secretary of state altering the list of fish or wildlife threatened with statewide extinction.  The order takes effect on filing.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.006. Permit for Taking Endangered Species

Sec. 68.006.  PERMIT FOR TAKING ENDANGERED SPECIES.  The provisions of Subchapter C, Chapter 43, of this code are applicable to all fish or wildlife classified as endangered, and it is a violation of this chapter to possess, take, or transport endangered fish or wildlife for zoological gardens or scientific purposes or to take or transport endangered fish or wildlife from their natural habitat for propagation for commercial purposes without the permit required by Section 43.022 of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1987, 70th Leg., ch. 607, Sec. 2, eff. Sept. 1, 1987.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.007. Propagation Permit Required

Sec. 68.007.  PROPAGATION PERMIT REQUIRED.  No person may possess endangered fish or wildlife for the purpose of propagating them for sale unless he has first acquired a commercial propagation permit issued by the department under this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.008. Original Propagation Permit

Sec. 68.008.  ORIGINAL PROPAGATION PERMIT.  (a)  A person may apply for an original propagation permit by submitting an application containing information or statements as required by the department and by submitting an original propagation permit fee of $300 or an amount set by the commission, whichever amount is more.
(b)  The department shall issue the permit if it determines that the applicant has complied with Subsection (a) of this section, that the initial breeding stock was acquired under a permit issued under Section 43.022 of this code or was otherwise legally acquired, and that the applicant has not violated the laws of the United States, this state, or another state with respect to the acquisition of breeding stock.
(c)  An original propagation permit must contain a description of endangered fish and wildlife authorized to be possessed under the permit.
(d)  An original propagation permit is valid for one year from the date of its issuance.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 62, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.009. Renewal Propagation Permit

Sec. 68.009.  RENEWAL PROPAGATION PERMIT.  (a)  A person holding an original propagation permit or a renewal propagation permit is entitled to receive from the department a renewal propagation permit on application to the department and on the payment of a renewal propagation permit fee of $550 or an amount set by the commission, whichever amount is more, if the application and fee are received by the department during the period beginning 10 days before the expiration date of the outstanding permit and extending through the expiration date of the permit.
(b)  A renewal propagation permit is valid for a period of three years beginning on the date of its issuance.
(c)  The department may refuse to renew any permit if it determines that it would be in the best interest of the species of fish or wildlife described in the permit.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 2, 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 68 - Endangered Species › Section 68.010. Reports by Permittee

Sec. 68.010.  REPORTS BY PERMITTEE.  A person holding a commercial propagation permit shall send to the department annually:
(1)  a written evaluation by a veterinarian licensed to practice in this state of the physical conditions of the propagation facilities and the conditions of the fish or wildlife held under the permit;  and
(2)  a written report on forms prepared by the department relating to propagation activities during the previous year.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.011. Refusal or Cancellation of Permit

Sec. 68.011.  REFUSAL OR CANCELLATION OF PERMIT.  (a)  If, on the basis of the reports required by Section 68.010 of this code or an investigation or inspection by an authorized employee of the department, the department finds that a permit holder is improperly caring for or handling the fish or wildlife held under the permit, the department shall give written notice of the objectionable actions or conditions to the permit holder.
(b)  If the department finds that the improper caring for or handling of the fish or wildlife is detrimental to the fish or wildlife and immediate protection is needed, the department may seize the fish or wildlife and authorize proper care pending the correction of the improper conditions or actions.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.012. Appeal

Sec. 68.012.  APPEAL.  (a)  A person aggrieved by the action of the department in refusing to grant or renew a commercial propagation permit or in cancelling a permit may appeal within 20 days of the final action of the department to a district court of Travis County or the county of his residence.
(b)  The appeal shall be by trial de novo as are appeals from the justice court to the county court.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.013. Disposition of Fish or Wildlife

Sec. 68.013.  DISPOSITION OF FISH OR WILDLIFE.  A person who ceases to hold a commercial propagation permit under this chapter shall dispose of endangered fish or wildlife held after the expiration or cancellation of the permit in the manner required by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.014. Regulations

Sec. 68.014.  REGULATIONS.  The department shall make regulations necessary to administer the provisions of this chapter and to attain its objectives, including regulations to govern:
(1)  permit application forms, fees, and procedures;
(2)  hearing procedures;
(3)  procedures for identifying endangered fish and wildlife or goods made from endangered fish or wildlife which may be possessed, propagated, or sold under this chapter;
(4)  publication and distribution of lists of species and subspecies of endangered fish or wildlife and their products;  and
(5)  limitations on the capture, trapping, taking, or killing, or attempting to capture, trap, take, or kill, and the possession, transportation, exportation, sale, and offering for sale of endangered species.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 112, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.015. Prohibited Acts

Sec. 68.015.  PROHIBITED ACTS.  (a)  No person may capture, trap, take, or kill, or attempt to capture, trap, take, or kill, endangered fish or wildlife.
(b)  No person may possess, sell, distribute, or offer or advertise for sale endangered fish or wildlife unless the fish or wildlife have been lawfully born and raised in captivity for commercial purposes under the provisions of this chapter.
(c)  No person may possess, sell, distribute, or offer or advertise for sale any goods made from endangered fish or wildlife unless:
(1)  the goods were made from fish or wildlife that were born and raised in captivity for commercial purposes under the provisions of this chapter;  or
(2)  the goods were made from fish or wildlife lawfully taken in another state and the person presents documented evidence to the department to substantiate that fact.
(d)  No person may sell, advertise, or offer for sale any species of fish or wildlife not classified as endangered under the name of any endangered fish or wildlife.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 3135, ch. 825, Sec. 1, eff. June 17, 1981;  Acts 1987, 70th Leg., ch. 607, Sec. 3, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1256, Sec. 112, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.016. Sold Species to Be Tagged

Sec. 68.016.  SOLD SPECIES TO BE TAGGED.  No person may sell endangered fish or wildlife or goods made from endangered fish or wildlife unless the fish or wildlife or goods are tagged or labeled in a manner to indicate compliance with Section 68.015(a) and (b) of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.017. Seizure of Fish or Wildlife

Sec. 68.017.  SEIZURE OF FISH OR WILDLIFE.  (a)  A peace officer who has arrested a person for a violation of this chapter may seize fish or wildlife or goods made from fish or wildlife taken, possessed, or made in violation of this chapter.
(b)  Property taken under this section shall be delivered to the department for holding pending disposition of the court proceedings.  If the court determines that the property was taken, possessed, or made in violation of the provisions of this chapter, the department may dispose of the property under its regulations.  The costs of the department in holding seized fish or wildlife during the pendency of the proceedings may, in appropriate cases, be assessed against the defendant.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.018. Disposition of Funds; Appropriations

Sec. 68.018.  DISPOSITION OF FUNDS;  APPROPRIATIONS.  All revenue received under this chapter shall be deposited in the state treasury to the credit of the special nongame and endangered species conservation account.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 68, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 679, Sec. 45, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.019. Applicability of Chapter

Sec. 68.019.  APPLICABILITY OF CHAPTER.  All species and subspecies of wildlife classified as endangered are governed by this chapter to the exclusion of other regulatory and licensing laws.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.020. Exceptions

Sec. 68.020.  EXCEPTIONS.  (a)  This chapter does not apply to:
(1)  coyotes (prairie wolves);
(2)  cougars;
(3)  bobcats;
(4)  prairie dogs;  or
(5)  red foxes.
(b)  This chapter does not apply to the possession of mounted or preserved endangered fish or wildlife acquired before August 31, 1973, by public or private nonprofit educational, zoological, or research institutions.  The department may require an institution to furnish a list of mounted or preserved fish or wildlife possessed and proof of the time of acquisition.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1987, 70th Leg., ch. 607, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle B - Hunting and Fishing › Chapter 68 - Endangered Species › Section 68.021. Penalty

Sec. 68.021.  PENALTY.  (a)  A person who violates any provision of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b)  A person who violates any provision of this chapter and who has been convicted on one previous occasion of a violation of this chapter commits an offense that is a Class B Parks and Wildlife Code misdemeanor.
(c)  A person who violates any provision of this chapter and who has been convicted on two or more previous occasions of a violation of this chapter commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
(d)  A violation of a regulation of the department issued under the authority of this chapter is a violation of this chapter.
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. 78, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.001. Definitions

Sec. 71.001.  DEFINITIONS.  In this subtitle:
(1)  "Fur-bearing animal" means wild beaver, otter, mink, ring-tailed cat, badger, skunk, raccoon, muskrat, opossum, fox, or nutria.
(2)  "Trapper" means a person who takes a fur-bearing animal or the pelt of a fur-bearing animal.
(3)  "Retail fur buyer" means a person who purchases a fur-bearing animal or the pelt of a fur-bearing animal of this state from trappers only.
(4)  "Wholesale fur dealer" means a person who purchases for himself or for another person a fur-bearing animal or the pelt of a fur-bearing animal of this state from a trapper, a retail fur buyer, a fur-bearing animal propagator, or another wholesale fur dealer.
(5)  "Resident" means an individual who has resided continuously in this state for more than six months immediately before applying for a license issued under this chapter.
(6)  "Nonresident" means an individual who is not a resident.
(7)  "Sale" includes barter and other transfers of ownership for consideration.
(8)  "Take" means the act of snaring, trapping, shooting, killing, or capturing by any means and includes an attempt to take.
(9)  "Carcass" means the body of a dead fur-bearing animal, with or without the hide attached.
(10)  "Depredation" means the loss of or damage to agricultural crops, livestock, poultry, wildlife, or personal property.
(11)  "Pelt" means the untanned, green or dried hide or skin of a fur-bearing animal, whether or not the hide or skin is attached to the carcass.
(12)  "Place of business" means a place where fur-bearing animals or their pelts are sold, received, transported, possessed, or purchased, and includes a vehicle used by a trapper, retail fur buyer, wholesale fur dealer, or fur-bearing animal propagator.
(13)  "Fur-bearing animal propagator" means a person who takes or possesses a living fur-bearing animal and holds it for the purpose of propagation or sale.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 2047, ch. 801, Sec. 1, eff. Aug. 27, 1979;  Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981;  Acts 1983, 68th Leg., p. 2886, ch. 491, Sec. 3, eff. Aug. 29, 1983;  Acts 1991, 72nd Leg., ch. 301, Sec. 7, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 635, Sec. 6, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 28, eff. June 18, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.0011. Application

Sec. 71.0011.  APPLICATION.  This chapter applies to fur-bearing animals in each county except those populations on the state's list of endangered fish and wildlife.
Added by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.002. Proclamations

Sec. 71.002.  PROCLAMATIONS.  (a)  The commission by proclamation may regulate the taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of fur-bearing animals, pelts, and carcasses as the commission considers necessary to manage fur-bearing animals or to protect human health or property.
(b)  A proclamation of the commission under this chapter may also provide for:
(1)  permit application forms, fees, procedures, and reports;
(2)  hearing procedures;
(3)  the periods of time when it is lawful to take, possess, sell, purchase, or transport fur-bearing animals, pelts, and carcasses;
(4)  catch and possession limits for fur-bearing animals and pelts;  and
(5)  the means, methods, and manner that are, and places in which it is, lawful to take or possess fur-bearing animals, pelts, or carcasses.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.003. Scientific Studies and Investigations

Sec. 71.003.  SCIENTIFIC STUDIES AND INVESTIGATIONS.  The department shall conduct scientific studies and investigations of fur-bearing animals as necessary to develop information on populations, distribution, habitat needs, and limiting factors, to acquire any other biological or ecological data, and to determine appropriate management policies for public safety.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.004. Prohibited Acts

Sec. 71.004.  PROHIBITED ACTS.  (a)  No person may take, sell, purchase, or possess a fur-bearing animal, pelt, or carcass in this state, except as provided by proclamation of the commission.  This chapter does not prohibit a landowner or his agent from taking a fur-bearing animal causing depredation on that person's land.  No person may possess a fur-bearing animal taken for depredation purposes except as authorized by proclamation of the commission.
(b)  Repealed by Acts 2005, 79th Leg., Ch. 992, Sec. 32(4), eff. June 18, 2005.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 32(4), eff. June 18, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.005. Licenses Required

Sec. 71.005.  LICENSES REQUIRED.  (a)  Except as provided by this section and Section 71.004(a), no person may take a fur-bearing animal or a pelt in this state unless the person has acquired and possesses a trapper's license.
(b)  Except as provided by commission regulation, no person may purchase, possess after purchase, or transport for commercial purposes a pelt or carcass taken in this state unless the person has acquired and possesses a retail fur buyer's or wholesale fur dealer's license.
(c)  No person may capture or possess a live fur-bearing animal for any purpose, except as otherwise authorized by this code, unless he has acquired and possesses a fur-bearing animal propagation license.
(d)  A person who possesses a hunting license may take and possess a fur-bearing animal if:
(1)  neither the fur-bearing animal nor any part of that animal is taken for the purpose of sale, barter, or exchange;  and
(2)  the number of fur-bearing animals taken does not exceed the daily bag limit or possession limit set by commission regulation.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981;  Acts 1993, 73rd Leg., ch. 635, Sec. 7, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1256, Sec. 113, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.006. Purchases by Retail Fur Buyer

Sec. 71.006.  PURCHASES BY RETAIL FUR BUYER.  No retail fur buyer may purchase in this state a pelt or carcass except from a licensed trapper.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.007. Purchases by Wholesale Fur Dealer

Sec. 71.007.  PURCHASES BY WHOLESALE FUR DEALER.  No wholesale fur dealer may purchase in this state a pelt or carcass except from a licensed trapper, a licensed retail fur buyer, a fur-bearing animal propagator, or another licensed wholesale fur dealer.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.008. Issuance of Licenses

Sec. 71.008.  ISSUANCE OF LICENSES.  The licenses authorized by this chapter shall be of a form prescribed and issued by the department, or an authorized agent of the department, to applicants on the payment of the license fees.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.009. License Fees

Sec. 71.009.  LICENSE FEES.  The fee for a license authorized by this chapter is in the following amount or an amount set by the commission, whichever amount is more:
(1)  $10.75 for a resident trapper's license;
(2)  $200.75 for a nonresident trapper's license;
(3)  $50.75 for a resident retail fur buyer's license;
(4)  $200.75 for a nonresident retail fur buyer's license;
(5)  $100.75 for a resident wholesale fur dealer's license;
(6)  $400.75 for a nonresident wholesale fur dealer's license;  and
(7)  $50.75 for a fur-bearing animal propagation permit.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 64, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.010. License Period

Sec. 71.010.  LICENSE PERIOD.  The license period for licenses issued under this chapter is September 1 or another date set by the commission through August 31 of the next year or another date set by the commission, and a license is current and valid only for the license period for which it is issued.  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.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981;  Acts 1995, 74th Leg., ch. 931, Sec. 68, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.011. Possession and Display of Licenses

Sec. 71.011.  POSSESSION AND DISPLAY OF LICENSES.  (a)  A trapper shall carry the trapper's license on his person while taking or possessing a fur-bearing animal, pelt, or carcass.
(b)  A wholesale fur dealer, a retail fur buyer, or a fur-bearing animal propagator shall display the required license at his place of business or while conducting business at a place other than his place of business.
(c)  The failure to display a valid license on request by the department or an authorized agent of the department while taking, possessing, selling, offering for sale, or buying a fur-bearing animal, pelt, or carcass is a violation of this chapter.  If on or before the trial of a person charged with a violation of this section, the person produces for the court or the prosecuting attorney the proper license that was issued to the person and valid at the time of the offense, the court shall dismiss that charge.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.012. Inspections

Sec. 71.012.  INSPECTIONS.  The place of business of any fur-bearing animal propagator, wholesale fur dealer, or retail fur buyer and any vehicle being used by a fur-bearing animal propagator, wholesale fur dealer, or retail fur buyer for the collection or transportation of fur-bearing animals, carcasses, or pelts are subject to inspection without a warrant by a game warden or any other peace officer at any time.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.014. Reports

Sec. 71.014.  REPORTS.  The holder of a wholesale fur dealer's, retail fur buyer's, or fur-bearing animal propagation license shall submit reports to the department as required by proclamation of the commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle C - Fur-Bearing Animals › Chapter 71 - Licenses and Regulations › Section 71.015. Penalties

Sec. 71.015.  PENALTIES.  (a)  Except as provided in another subsection of this section, a person who violates any provision of this chapter or proclamation under this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b)  If it is shown at the trial of the defendant that he has been convicted once within the preceding 36 months of a violation of this chapter or a proclamation under this chapter, on conviction he shall be punished for a Class B Parks and Wildlife Code misdemeanor.
(c)  If it is shown at the trial of the defendant that he has been convicted two or more times within the preceding 60 months of a violation of this chapter or a proclamation under this chapter, on conviction he shall be punished for a Class A Parks and Wildlife Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff. Sept. 1, 1981;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 79, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 75 - Cultivated Oyster Mariculture › Section 75.0101. Definitions

Sec. 75.0101.  DEFINITIONS.  In this chapter:
(1)  "Broodstock oyster"  means an oyster collected for the purpose of growing cultivated oysters.
(2)  "Cultivated oyster" means an oyster grown at any point in the life cycle of the oyster in or on an artificial structure suspended in the water or resting on the bottom.
(3)  "Cultivated oyster mariculture" means the process of growing cultivated oysters.
(4)  "Natural oyster bed" has the meaning assigned by Section 76.001.
(5)  "Oyster" means the Eastern oyster and the subspecies of the Eastern oyster.
Added by Acts 2019, 86th Leg., R.S., Ch. 174 (H.B. 1300), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 75 - Cultivated Oyster Mariculture › Section 75.0102. Applicability; Conflict of Laws

Sec. 75.0102.  APPLICABILITY; CONFLICT OF LAWS.  (a)  A structure used to grow oysters that is part of a cultivated oyster mariculture operation is not a natural oyster bed or a private oyster bed and is not subject to location requirements under Subchapter A, Chapter 76.
(b)  The licensing and permitting requirements of Subchapters B, C, and F, Chapter 76, do not apply to activity carried out under a cultivated oyster mariculture permit issued under this chapter.
(c)  A regulation adopted under Section 76.301 does not apply to an activity carried out under a cultivated oyster mariculture permit issued under this chapter.
(d)  A rule or proclamation issued under this section prevails to the extent of conflict over a rule or proclamation issued under:
(1)  Chapter 61; or
(2)  Chapter 76.
(e)  Section 2001.0045, Government Code, does not apply to rules adopted under this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 174 (H.B. 1300), Sec. 4, eff. September 1, 2019.