Title PW, Parks and Wildlife Code

Sec. 43.1515. RULES. The commission may adopt rules to implement this subchapter, including rules governing: (1) reports that must be submitted to the department by a person who holds a permit issued by the department under this subchapter; (2) the reinstatement of a canceled per…

Sec. 43.152. DEPARTMENT INSPECTION. (a) On receiving notice from a person under Section 43.151(a), the department may inspect the property and determine if damage or a threat to public safety is occurring as alleged in the notice. (b) If the notice received by the department unde…

Sec. 43.153. APPLICATION FOR PERMIT. (a) A person described by Section 43.151(a) or an authorized representative of an entity described by Section 43.151(b) may file with the department an application for a permit to kill the protected wildlife. (b) The application must be in wri…

Sec. 43.154. PERMIT. (a) On receipt of an application, the department may issue a permit for the killing of wildlife without regard to the closed season, bag limit, or means and methods. As soon as practicable, but not later than the 10th business day after the date the departmen…

Sec. 43.155. DISPOSITION OF WILDLIFE. (a) The holder of a permit issued under this subchapter or a person designated by Section 43.154(c)(4) who kills wildlife under the authority of the permit shall dispose of the carcass by donating it to a charitable institution, a hospital, a…

Sec. 43.156. CANCELLATION OF PERMIT. The department may cancel a permit if: (1) the permit does not accomplish its intended purposes; (2) the permit holder fails to submit a required report to the department; or (3) the permit holder intentionally made false claims on the applica…

Sec. 43.1565. REINSTATEMENT OF PERMIT. The department may reinstate a canceled permit if the permit holder submits an application for reinstatement in the same manner as required by Section 43.153 for an original permit and pays a fee set by the commission. Added by Acts 2009, 81…

Sec. 43.157. VIOLATIONS; PENALTY. (a) Repealed by Acts 2009, 81st Leg., R.S., Ch. 251, Sec. 10, eff. May 29, 2009. (b) No permittee may dispose of a wildlife carcass killed under the permit or allow the wildlife to be disposed of except as allowed under Section 43.155 of this cod…

Sec. 43.158. LANDOWNER PERMIT EXEMPTION. Nothing in this subchapter prevents a landowner or the landowner's agent or lessee from taking depredating feral hogs on the landowner's land without having acquired a permit under this subchapter. Added by Acts 2003, 78th Leg., ch. 809, S…

Sec. 43.201. ARCHERY STAMP REQUIRED. (a) Except as provided by Subsection (c) or (d), no person may hunt deer, turkey, or javelina (collared peccary) during an open archery season provided by law or by the proclamations of the commission and during which season only crossbows, lo…

Sec. 43.202. FEE. The fee for an archery hunting stamp is $6 or an amount set by the commission, whichever amount is more. The department may issue other editions of the stamp that are not valid for hunting at an amount set by the commission. Acts 1975, 64th Leg., p. 1203, ch. 45…

Sec. 43.203. HUNTING LICENSE REQUIRED. The purchase or possession of an archery hunting stamp does not permit a person to hunt deer, turkey, or javelina without the license required by Chapter 42 or by any means or methods not allowed by law. Acts 1975, 64th Leg., p. 1203, ch. 45…

Sec. 43.204. STAMP SALE RECEIPTS. The net revenue derived from the sale of archery hunting stamps shall be sent to the department. Acts 1975, 64th Leg., p. 1203, ch. 456, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1979, 66th Leg., p. 548, ch. 260, art. 1, Sec. 4, eff. Sept. 1, 1…

Sec. 43.205. PENALTY. (a) A person who violates Section 43.201 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor. (b) A person hunting a species covered by this chapter during an open archery season who fails or refuses on the demand of any gam…

Sec. 43.251. DEFINITIONS. In this subchapter: (1) "Field trial" means a competitive hunting dog event where dogs chase or pursue squirrels, fur-bearing animals, or nongame animals under field conditions. (2) "Field trial permit" means a permit issued under Section 43.252. (3) "Fu…

Sec. 43.252. FIELD TRIAL PERMIT. (a) A person may apply to the department in the manner prescribed by commission rules for a permit under this section exempting registered participants in a field trial held by the person from the hunting license requirements of Chapter 42 while t…

Sec. 43.253. COMMISSION RULES. (a) The commission shall adopt rules specifying the public lands for which a field trial permit may be issued. (b) The commission may adopt rules as necessary to administer this subchapter, including rules necessary to manage and protect wildlife su…

Sec. 43.254. HUNTING LICENSE NOT REQUIRED DURING FIELD TRIAL. An individual registered to participate in a field trial held under a field trial permit is exempt from the hunting license requirements of Chapter 42 while the individual is participating in the field trial. Added by …

Sec. 43.351. DEFINITIONS. In this subchapter: (1) "Breeder deer" means a white-tailed deer or mule deer legally held under a permit authorized by this subchapter. (2) "Deer breeder" means a person holding a valid deer breeder's permit. (3) "Captivity" means the keeping of a breed…

Sec. 43.352. PERMIT AUTHORIZED; DURATION OF PERMIT. (a) The department shall issue a permit to a qualified person to possess live breeder deer in captivity. (b) At the option of the person applying for the issuance or renewal of a permit under this section, the department may iss…

Sec. 43.353. PERMIT IS DEFENSE. In any prosecution for the unlawful possession or transportation of white-tailed deer or mule deer, the possession of a permit issued under this subchapter to the accused is a complete defense if the conduct was authorized under the terms of the pe…

Sec. 43.356. SERIAL NUMBER. The department shall issue a serial number to a permittee when the department issues the permittee a deer breeder's permit. The same serial number shall be assigned to the permittee if the department issues the permittee a subsequent deer breeder's per…

Sec. 43.3561. IDENTIFICATION OF BREEDER DEER. (a) In this section: (1) "Button back" means the portion of an identification tag used to secure the tag to the breeder deer. (2) "Electronic identification device" means a button tag or implant that uses radio frequency identificatio…

Sec. 43.357. PERMIT PRIVILEGES; REGULATIONS. (a) The holder of a valid deer breeder's permit may: (1) engage in the business of breeding breeder deer in the immediate locality for which the permit was issued; and (2) sell, transfer to another person, or hold in captivity live bre…

Sec. 43.358. INSPECTION. An authorized employee of the department may inspect at any time and without warrant: (1) any pen, coop, or enclosure holding white-tailed deer or mule deer; or (2) any records required to be maintained under Section 43.359(a). Added by Acts 1985, 69th Le…

Sec. 43.359. RECORDS AND REPORTS. (a) A deer breeder shall maintain an accurate and legible record of all breeder deer acquired, purchased, propagated, sold, transferred, or disposed of and any other information required by the department that reasonably relates to the regulation…

Sec. 43.3591. GENETIC TESTING. (a) In this section: (1) "DNA" means deoxyribonucleic acid. (2) "Genetic test" means a laboratory analysis of a deer's genes, gene products, or chromosomes that: (A) analyzes the deer's DNA, RNA, proteins, or chromosomes; and (B) is performed to det…

Sec. 43.360. ENCLOSURE SIZE. A single enclosure for breeder deer may not contain more than 100 acres. Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 17, eff. Sept. 1, 1991. Amended by: Acts 2007, 80th Le…

Sec. 43.361. RELEASE SITES. (a) A release site onto which breeder deer are liberated must be surrounded by a fence not less than seven feet in height that is capable of retaining deer at all times under reasonable and ordinary circumstances. (b) The owner of a release site is res…

Sec. 43.362. TRANSFER, PURCHASE, OR SALE OF LIVE BREEDER DEER. (a) Only breeder deer that are in a healthy condition may be sold, transferred, bartered, or exchanged, or offered for sale, transfer, barter, or exchange, by a deer breeder. (b) Except as provided by Subchapter C or …

Sec. 43.363. TRANSFER DURING OPEN SEASON. (a) During an open hunting season for deer or during the 10-day period immediately preceding an open hunting season, no person in this state may sell, transfer, ship, or transport a breeder deer unless the person: (1) has removed the antl…

Sec. 43.364. USE OF BREEDER DEER. Breeder deer may be purchased, sold, transferred, or received in this state only for the purposes of liberation or holding for propagation. All breeder deer and increase from breeder deer are under the full force of the laws of this state pertain…

Sec. 43.365. PROHIBITED ACTS. (a) It is an offense if a deer breeder or another person: (1) allows the hunting or killing of a breeder deer or any other deer held in captivity in a facility permitted under this subchapter, except as provided by this subchapter or a rule adopted b…

Sec. 43.366. APPLICATION OF OTHER LAWS. (a) In order that native species may be preserved, breeder deer held under a deer breeder's permit are subject to all laws and regulations of this state pertaining to deer except as specifically provided in this subchapter. (b) This subchap…

Sec. 43.367. PENALTY. (a) Except as provided by Subsection (b), a person who violates a provision of this subchapter or a regulation of the commission issued under this subchapter or who fails to file a full and complete report as required by Section 43.359 commits an offense tha…

Sec. 43.369. DEER BREEDER DATABASE. (a) In this section, "database" means a deer breeder database used by the department. (b) The department in conjunction with the Texas Animal Health Commission, not later than June 1, 2010, shall develop and maintain a process for a database to…

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

Sec. 43.402. SALTWATER SPORTFISHING STAMP REQUIRED. (a) Except as provided by Subsection (b) or (c) of this section, no person may engage in fishing in saltwater for sporting purposes in this state, or unload in this state fish or other aquatic life taken for sporting purposes fr…

Sec. 43.403. DESIGN AND ISSUANCE OF STAMP. (a) The department may issue a saltwater sportfishing stamp to any person on the payment to the department of $5 or an amount set by the commission, whichever amount is more. The department may issue other editions of the stamp that are …

Sec. 43.4035. EXPIRATION OF STAMP. (a) Except as provided by Subsection (b) or (c), a stamp issued under this subchapter is valid for fishing only during the yearly period for which the stamp is issued without regard to the date on which the stamp is acquired. Each yearly period …

Sec. 43.404. FISHING LICENSE REQUIRED. The acquisition of a saltwater sportfishing stamp does not authorize a person to fish for sporting purposes in saltwater without having acquired a fishing license required by Chapter 46 of this code or authorize saltwater sportfishing at any…

Sec. 43.405. DISPOSITION AND USE OF STAMP FEES. (a) After deduction of the collection fee, the net receipts from stamp sales shall be sent to the department. (b) The stamp sale net receipts may be spent only for coastal fisheries management, including: (1) repair, maintenance, re…

Sec. 43.406. REFUSAL TO SHOW STAMP. A person fishing in saltwater for sporting purposes who refuses on demand of any game warden or peace officer to show a saltwater sportfishing stamp is presumed to be in violation of Section 43.402. Added by Acts 1985, 69th Leg., ch. 640, Sec. …

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

Sec. 43.521. CONSERVATION PERMIT REQUIRED. (a) The department may require one person in each vehicle using land under the control of the department that is open to the public to possess a conservation permit issued to the person by the department or its agent under this subchapte…

Sec. 43.522. ISSUANCE AND EXPIRATION OF CONSERVATION PERMIT. (a) The department or its agent may issue a conservation permit to any person on the payment to the department or agent of a fee in an amount set by the commission. (b) A conservation permit expires on the first anniver…