CHAPTER 825. PREDATORY ANIMALS AND ANIMAL PESTS
HEALTH AND SAFETY CODE
TITLE 10. HEALTH AND SAFETY OF ANIMALS
CHAPTER 825. PREDATORY ANIMALS AND ANIMAL PESTS
SUBCHAPTER A. COOPERATION BETWEEN STATE AND FEDERAL AGENCIES IN
CONTROLLING PREDATORY ANIMALS AND RODENTS
Sec. 825.001. COOPERATION BETWEEN STATE AND FEDERAL AGENCIES IN
CONTROLLING PREDATORY ANIMALS AND RODENTS. The state shall
cooperate through The Texas A&M University System with the
appropriate federal officers and agencies in controlling coyotes,
mountain lions, bobcats, Russian boars, and other predatory
animals and in controlling prairie dogs, pocket gophers,
jackrabbits, ground squirrels, rats, and other rodent pests to
protect livestock, food and feed supplies, crops, and ranges.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.002. COOPERATIVE AGREEMENT. The director of the Texas
Agricultural Extension Service shall execute a cooperative
agreement with the appropriate federal officers or agencies to
perform the cooperative work in predatory animal and rodent
control in the manner and under the regulations stated in the
agreement.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.003. EXPENDITURE OF APPROPRIATIONS. The state funds
appropriated to administer this subchapter shall be spent in
amounts as authorized by the Board of Regents of The Texas
A&M University System and disbursed on vouchers or payrolls
certified by the director of the extension service.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.004. APPROPRIATIONS BY LOCAL GOVERNMENTS. The
commissioners court of a county or the governing body of a
municipality may appropriate funds to perform predatory animal
and rodent control work described by this subchapter and, in
cooperation with federal and state authorities, may employ labor
and purchase and provide supplies required to effectively perform
that work.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.005. SALE OF FURS, SKINS, AND SPECIMENS. (a) Except
as provided by Subsection (b), all furs, skins, and specimens of
value taken by hunters or trappers paid from state funds under
this subchapter shall be sold under rules adopted by The Texas
A&M University System. The proceeds of the sales shall be
deposited to the credit of the fund established for predatory
animal and rodent control.
(b) Any specimen taken under this subchapter may be presented
free of charge to any state, county, or federal institution for
scientific purposes.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.006. BOUNTIES PROHIBITED. (a) A hunter or trapper
acting under this subchapter may not collect a bounty from a
county or any other source for an animal taken under this
subchapter.
(b) The scalp of each animal taken under this subchapter shall
be destroyed and each skin that has commercial value shall be
sold.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.007. CONSTRUCTION WITH PARKS AND WILDLIFE CODE.
Section 71.004(b), Parks and Wildlife Code, does not apply to a
hunter or trapper while performing duties under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.008. TAMPERING WITH TRAPS; CRIMINAL PENALTY. (a) A
person commits an offense if the person maliciously or wilfully
tampers with all or any part of a trap set under this subchapter
or removes a trap from the position in which it is placed by a
hunter or trapper acting under this subchapter.
(b) An offense under this section is punishable by a fine of not
less than $50 or more than $200.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.009. STEALING TRAPS; CRIMINAL PENALTY. (a) A person
commits an offense if the person steals or fraudulently takes a
trap belonging to the state or the United States Department of
the Interior.
(b) An offense under this section is a misdemeanor punishable by
a fine of not less than $100 or more than $200.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.010. STEALING ANIMALS FROM TRAPS; CRIMINAL PENALTY.
(a) A person commits an offense if the person steals an animal
listed in Section 825.001 from a trap set under this subchapter
or takes the animal from the trap without authority.
(b) An offense under this section is a misdemeanor punishable by
a fine of not less than $100 or more than $200.
(c) An animal stolen or taken in violation of this section is
the property of the state. A complaint alleging a violation of
this section must allege that the animal is owned by the state,
and the only proof necessary to establish ownership shall consist
of proving that the animal was taken from a trap that had been
set by a hunter or trapper acting under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER B. PURCHASE OF POISON TO DESTROY CERTAIN ANIMAL PESTS
Sec. 825.021. COMMISSIONERS COURT MAY PURCHASE POISON. (a) The
commissioners court of a county may purchase poisons and related
accessories required by citizens of the county to destroy prairie
dogs, wildcats, gophers, ground squirrels, wolves, coyotes, rats,
English sparrows, and ravens.
(b) The commissioners court may furnish the poison to citizens
of the county free or at cost.
(c) The commissioners court shall pay for the poison from the
general fund of the county and shall deposit the proceeds of any
sale to the credit of that fund.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.022. NOTICE CONCERNING POISON. (a) The commissioners
court of a county acting under this subchapter shall determine
the days on which the poison will be put out and shall give
notice at least 20 days before the first day it is put out.
(b) The notice required by this section must be:
(1) published in at least one county newspaper, if one is
available, for three successive issues; and
(2) posted in public places.
(c) The notice must state when the poison will be put out, the
fact that it may be obtained from the commissioners court, and
the terms on which it may be obtained.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.024. DUTIES OF LAND HOLDERS, LESSEES, AND TENANTS. (a)
Each land holder whose premises are infested with any pests
listed in Section 825.021 shall obtain and apply the poison as
provided in the plans furnished by the commissioner of
agriculture.
(b) Each lessee or tenant occupying any premises under contract
shall obtain the poison and destroy any pests listed in Section
825.021 that infest the premises. Any expenses incurred under
this subsection by a lessee or tenant shall be charged against
the landowner and are collectible as any other valid debt.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER C. BOUNTIES FOR PREDATORY ANIMALS
Sec. 825.031. BOUNTIES FOR PREDATORY ANIMALS. (a) The
commissioners court of a county may pay bounties for killing
predatory animals not listed on any state or federal protected
species list.
(b) The commissioners court may determine which animals are
predatory animals in that county.
(c) The commissioners court may determine the amount of a bounty
to be paid under this section for each animal. The bounty shall
be paid from the general fund of the county by a warrant drawn on
that fund by the county judge on presentation of proof of
destruction required by the commissioners court. A bounty paid
under this section may not exceed $50 for each animal unless
approved by the Texas Parks and Wildlife Commission.
(d) The commissioners court may determine eligibility criteria
for receiving a bounty under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 84, Sec. 1,2, eff. Aug. 30,
1993; Acts 1999, 76th Leg., ch. 1279, Sec. 1, eff. Aug. 30, 1999.
Sec. 825.032. ANGELINA, HENDERSON, OR TRINITY COUNTY: WOLVES AND
OTHER PREDATORY ANIMALS. (a) The Commissioners Court of
Angelina, Henderson, or Trinity County may pay bounties for the
destruction of wolves and other predatory animals in the county.
(b) The commissioners court may, by resolution entered on its
minutes, provide for the destruction of wolves and other
predatory animals, the method of destruction and proof necessary
to entitle the person destroying the animal to receive the
bounty, and the amount of the bounty to be paid for each animal.
(c) A bounty paid under this section shall be paid by warrant
drawn on the general fund of the county by the county judge on
presentation of proof of destruction required by the
commissioners court.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.033. ARANSAS, BEE, REFUGIO, OR SAN PATRICIO COUNTY:
RATTLESNAKES, WOLVES, COYOTES, PANTHERS, BOBCATS, AND OTHER
PREDATORY ANIMALS. (a) The Commissioners Court of Aransas, Bee,
Refugio, or San Patricio County may pay bounties for the
destruction of rattlesnakes, wolves, coyotes, panthers, bobcats,
and other predatory animals in the county to preserve game and to
protect the interests of livestock and poultry raisers.
(b) The commissioners court may set the bounty in an amount not
to exceed:
(1) $5 for each wolf, coyote, panther, or bobcat;
(2) 50 cents for each raccoon, skunk, opossum, or other similar
animal; and
(3) 10 cents for each rattlesnake.
(c) The commissioners court shall, by resolution entered on its
minutes, specify the amount of the bounty to be paid for each
animal and prescribe regulations and require proof necessary to
protect the county's interest.
(d) The bounties paid under this section shall be paid by
warrant drawn on the general fund of the county by the county
judge.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.034. PANOLA COUNTY: WOLVES. (a) The Commissioners
Court of Panola County may pay bounties on wolves in order to
preserve game.
(b) The commissioners court may set the bounty in an amount not
to exceed $25 for each wolf killed. The bounty shall be paid from
the general fund of the county.
(c) The commissioners court may adopt rules necessary to protect
the interest of the county and may require proof necessary to
assure that one wolf has been killed for each wolf paid for.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.035. BORDEN COUNTY: RABBITS. (a) The Commissioners
Court of Borden County may pay bounties for lawfully killing wild
rabbits in the county to prevent property damage.
(b) The bounty may not exceed 10 cents for each rabbit and shall
be paid from the general fund of the county.
(c) The commissioners court may adopt rules necessary to protect
the interest of the county and may require proof necessary to
assure that one rabbit has been killed for each rabbit paid for.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.036. PRAIRIE DOGS. Prairie dogs are a public nuisance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 825.037. EFFECT OF OTHER LAWS. This subchapter does not
authorize:
(1) the killing of an animal if the killing is prohibited by
federal or state law or rule; or
(2) the payment of a bounty for killing an animal if the killing
is prohibited by federal or state law or rule.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.