Title PW, Parks and Wildlife Code

Sec. 43.951. APPLICABILITY. This subchapter applies only to the disposition of the following deer: (1) deer held at a facility covered by a permit issued under Subchapter L; (2) deer on acreage covered by a permit issued under Subchapter R; and (3) deer on acreage covered by a pe…

Sec. 43.952. DEFINITIONS. In this subchapter: (1) "Animal health commission" means the Texas Animal Health Commission. (2) "Permit" means a permit issued under Subchapter L, R, or R-1. (3) "Permit holder" means a person to whom a permit is issued under Subchapter L, R, or R-1. Ad…

Sec. 43.953. DESTRUCTION OF DEER. (a) Before any deer may be destroyed under this subchapter: (1) an agent of the animal health commission may conduct an epidemiological assessment: (A) if the assessment can be conducted in a timely manner; and (B) contingent on the availability …

Sec. 43.954. NOTICE OF DEER DESTRUCTION. (a) The department must provide written notice of an order to destroy deer to a permit holder before the department may destroy any of the deer covered by the permit holder's permit. (b) A notice provided under this section must be sent by…

Sec. 43.955. COST OF ASSESSMENT AND DESTRUCTION OF DEER. (a) The applicable permit holder shall pay all costs associated with: (1) an epidemiological assessment conducted under this subchapter to the animal health commission; and (2) except as provided by Subsection (b), the dest…

Sec. 43.975. DEFINITION. In this subchapter, "program" means the Managed Lands Deer Program described by 31 T.A.C. Section 65.29, or a successor to that program. Added by Acts 2019, 86th Leg., R.S., Ch. 426 (S.B. 733), Sec. 2, eff. June 4, 2019.

Sec. 43.976. PROGRAM PARTICIPATION FEE. (a) The commission by rule may impose a fee for participation in the program. Section 2001.0045, Government Code, does not apply to a rule adopted under this section. (b) The commission shall remit a fee collected under Subsection (a) to th…

Sec. 43.977. RULES. The commission shall adopt rules required to implement the program. Added by Acts 2019, 86th Leg., R.S., Ch. 426 (S.B. 733), Sec. 2, eff. June 4, 2019.

Sec. 44.001. DEFINITIONS. In this chapter: (1) "Game breeder" means a person holding a valid game breeder's license. (2) "Captivity" means the keeping of game animals in an enclosure suitable for and capable of retaining the animal it is designed to retain at all times under reas…

Sec. 44.002. LICENSE REQUIREMENT. No person may sell, place in captivity, or engage in the business of propagating any game animal of this state unless the person has obtained a license issued under this chapter from the department. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1,…

Sec. 44.003. GAME BREEDER'S LICENSE. The department shall issue a game breeder's license on payment of a license fee of $10 or an amount set by the commission, whichever amount is more. The license is valid for a yearly period. Each yearly period begins on September 1 or another …

Sec. 44.004. REISSUANCE OF LICENSE. A game breeder's license may not be issued to a previous licensee unless the licensee has filed with the department a copy of the record required by Section 44.007 of this code with an affidavit made before an officer qualified to administer oa…

Sec. 44.005. SERIAL NUMBER. (a) The department shall issue a serial number to the applicant at the time of the first issuance of a game breeder's license to the applicant. The same serial number shall be assigned to the licensee whenever he holds a game breeder's license. (b) The…

Sec. 44.006. LICENSE PRIVILEGES. The holder of a valid game breeder's license may: (1) engage in the business of game breeding in the immediate locality for which the license was issued; or (2) sell or hold in captivity for the purpose of propagation or sale a game animal. Acts 1…

Sec. 44.007. RECORDS. (a) Each game breeder shall keep a written record in a suitably bound book for the period from August 1 until the following July 31 or another yearly period established by the commission containing: (1) the number and source of each kind of game animal on ha…

Sec. 44.008. ENCLOSURE SIZE. A single enclosure for any game animal may not contain more than 320 acres. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 44.009. INSPECTION. An authorized employee of the department may inspect at any time and without warrant any pen, coop, or enclosure holding a game animal. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 44.010. SHIPMENT OF GAME ANIMALS. (a) A common carrier may not accept a live game animal unless the game animal is one listed in Section 44.006(2) of this code and the shipment is made by a game breeder. (b) No person, except a game breeder or his authorized agent, may trans…

Sec. 44.011. PURCHASE AND SALE OF LIVE GAME ANIMALS. (a) Only game animals that are in a healthy condition may be sold, bartered, or exchanged, or offered for sale, barter, or exchange by a game breeder. (b) No person may purchase or accept in this state a live game animal unless…

Sec. 44.012. SALE DURING OPEN SEASON. A game animal held under the authority of a license issued under this subchapter may not be sold, traded, transferred, or shipped to any person in any county during an open season in the county of destination for taking the game animal or dur…

Sec. 44.0125. PROHIBITED ACTS. It is an offense if: (1) a licensed game breeder takes, traps, or captures or attempts to take or capture game animals from the wild; (2) a licensed game breeder allows the hunting or killing of a game animal held in captivity under the provisions o…

Sec. 44.013. USE OF PURCHASED GAME ANIMALS. (a) Except as provided in Subsection (b) of this section, game animals listed in Subdivision (2) of Section 44.006 of this code may be purchased or received in this state only for the purpose of liberation for stocking purposes or holdi…

Sec. 44.014. APPLICATION OF GENERAL LAWS. In order that native game species may be preserved, game animals held under a game breeder's license are subject to all laws and regulations of this state pertaining to wild game animals except as specifically provided in this chapter. Ac…

Sec. 44.015. RIGHT OF DEPARTMENT. The department or an authorized employee of the department may take, possess, hold, transport, or propagate any game animal of this state for public purposes. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 44.016. PENALTIES. A person who violates a provision of this chapter commits an offense that is a Class C 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. 29, eff. …

Sec. 45.0001. DEFINITIONS. In this chapter: (1) "Game bird" has the meaning assigned by Section 64.001 and includes "migratory game birds." (2) "Migratory game bird" has the meaning assigned by Section 64.021. Added by Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 14, eff. June…

Sec. 45.001. LICENSE REQUIRED. No person may possess game birds in captivity for the purpose of propagation or sale or sell game bird eggs without first acquiring the proper license authorized to be issued under this chapter. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. S…

Sec. 45.002. FORM OF LICENSE; PERIOD OF VALIDITY. (a) The department shall issue the licenses authorized by this chapter on a form provided by the department and may designate agents for their issuance. (b) Each license shall be numbered. (c) A license is valid for a yearly perio…

Sec. 45.003. TYPES OF LICENSES; FEES. (a) A class 1 commercial game bird breeder's license entitles the holder to possess in captivity more than 1,000 game birds. The fee for a class 1 license is $100 or an amount set by the commission, whichever amount is more. (b) A class 2 com…

Sec. 45.004. SIZE OF ENCLOSURES. (a) No holder of a license under this chapter may retain game birds, other than a migratory bird or waterfowl, in an enclosure larger than 40 acres. (b) No holder of a license under this chapter may retain a migratory bird or waterfowl in an enclo…

Sec. 45.005. RECORDS OF LIVE BIRD AND EGG SALES. (a) No holder of a commercial game bird breeder's license may sell a live game bird or game bird egg without issuing a written document showing the name and serial number of the game bird breeder, the name and address of the purcha…

Sec. 45.006. SALES OF GAME BIRD CARCASSES OR PARTS OF A GAME BIRD. (a) No person may sell, offer for sale, or purchase the carcass or any part of a dead pen-raised game bird unless: (1) the carcass or part is clearly stamped and marked by the stamp authorized by Subsection (b); o…

Sec. 45.0061. SOURCE OF GAME BIRDS. A person who is not required to possess a commercial game bird breeder's license and who is in possession of a live game bird, game bird egg, or part of a dead game bird shall, on the request of a game warden commissioned by the department, fur…

Sec. 45.007. PROHIBITED ACTS. (a) No holder of a game bird breeder's license may sell a live game bird unless it is in a healthy condition. (b) No person may purchase a live game bird or game bird egg except from a holder of a game bird breeder's license; however, this subsection…

Sec. 45.008. RECORDS; REPORTS. (a) Each commercial game bird breeder shall maintain records showing the numbers of game birds and game bird eggs acquired, propagated, sold, and disposed of in any other manner. The records must be on forms provided by the department and must conta…

Sec. 45.009. EXCEPTIONS. (a) A commercial game bird breeder may process game birds for personal consumption at any time. (b) This chapter does not apply to a person holding a permit under Section 43.022. (c) Any person owning or operating a business where food is sold for consump…

Sec. 45.010. INSPECTIONS. An authorized employee of the department may inspect the facilities and enclosures of a person licensed under this chapter at any time during normal business hours without a warrant. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 45.011. PERMITS REQUIRED BY THE UNITED STATES. This chapter does not authorize any act prohibited by federal law without a permit issued by the United States, nor does the possession of a permit issued by the United States authorize any act prohibited by this chapter unless …

Sec. 45.012. PENALTY. A person who violates a provision of this chapter commits an offense that is a Class C 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. 30, eff. Se…

Sec. 46.001. PROHIBITED ACTS. (a) No person may fish in the public water of this state, or unload in this state fish or other aquatic life taken for sporting purposes from waters managed by the Gulf of Mexico Fishery Management Council established under the Magnuson-Stevens Fishe…

Sec. 46.0011. RESIDENT AND NONRESIDENT DEFINED. In this chapter: (1) "Resident" means: (A) an individual who has resided continuously in this state for more than six months immediately before applying for a fishing license required by this chapter; (B) a member of the United Stat…

Sec. 46.0012. FREE SPORTFISHING DAY. On the first Saturday in June of each year, a fishing license is not required of any person fishing for sporting purposes in public water. This section is limited to license requirements and does not affect other provisions of this code relati…

Sec. 46.002. EXEMPTIONS. (a) A license issued under this chapter is not required of a person: (1) who is a resident and whose birth date is before January 1, 1931; (2) who is a nonresident, if the person's birth date is before September 1, 1930, and the person's state of residenc…

Sec. 46.004. LICENSE FEES. (a) The resident fishing license fee is $8 or an amount set by the commission, whichever amount is more. (b) The commission may establish a lower fee or waive the fee or license requirement for: (1) a resident who has a general commercial fisherman's li…

Sec. 46.0045. TAG FEES. The commission by rule may establish fees for initial and duplicate tags issued under this subchapter. Added by Acts 1993, 73rd Leg., ch. 457, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 50, eff. June 16, 1995.

Sec. 46.005. TEMPORARY SPORTFISHING LICENSES. (a) Any person who is a Texas resident or other person designated by the commission is entitled to receive from the department a license allowing fishing for sporting purposes in public water for a period of 14 consecutive days or oth…