CHAPTER 12. POWERS AND DUTIES CONCERNING WILDLIFE

Statutes > Texas Statutes > PARKS AND WILDLIFE CODE > TITLE 2. PARKS AND WILDLIFE DEPARTMENT > CHAPTER 12. POWERS AND DUTIES CONCERNING WILDLIFE

PARKS AND WILDLIFE CODE

TITLE 2. PARKS AND WILDLIFE DEPARTMENT

SUBCHAPTER A. GENERAL POWERS AND DUTIES

Sec. 12.001. GENERAL DUTIES. (a) The department shall

administer the laws relating to game, fish, oysters, and marine

life, as set out in this code.

(b) The department may:

(1) collect and enforce the payment of all taxes, licenses,

fines, and forfeitures due to the department;

(2) inspect all products required to be taxed by the laws

relating to game, fish, oysters, and marine life and verify the

weights and measures of the products;

(3) examine on request all streams, lakes, and ponds for the

purpose of stocking with fish best suited to the locations;

(4) manage the propagation and distribution of fish in state

fish hatcheries; and

(5) manage the propagation and distribution of birds and game in

state reservations.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975.

Sec. 12.0011. RESOURCE PROTECTION. (a) The department is the

state agency with primary responsibility for protecting the

state's fish and wildlife resources.

(b) The department's resource protection activities include:

(1) investigating fish kills and any type of pollution that may

cause loss of fish or wildlife resources, taking necessary action

to identify the cause and party responsible for the fish kill or

pollution, estimating the monetary value of lost resources, and

seeking restoration through presentation of evidence to the

agency responsible for permitting or through suit in county or

district court;

(2) providing recommendations that will protect fish and

wildlife resources to local, state, and federal agencies that

approve, permit, license, or construct developmental projects;

(3) providing information on fish and wildlife resources to any

local, state, and federal agencies or private organizations that

make decisions affecting those resources; and

(4) providing recommendations to the Texas Department of Water

Resources on scheduling of in-stream flows and freshwater inflows

to Texas estuaries for the management of fish and wildlife

resources.

department recommendation or informational comment under

Subsection (b) shall respond to the department in writing

concerning the recommendation or comment. A response must

include for each recommendation or comment provided by the

department:

(1) a description of any modification made to the proposed

project, fish and wildlife resource decision, or water flow

schedule resulting from the recommendation or comment;

(2) any other disposition of the recommendation or comment; and

(3) as applicable, any reason the agency disagreed with or did

not act on or incorporate the recommendation or comment.

(d) A response under Subsection (c):

(1) must be submitted to the department not later than the 90th

day after the date the agency makes a decision or takes other

action related to the recommendation or informational comment

provided by the department; and

(2) is public information under Chapter 552, Government Code.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 23, eff.

Sept. 1, 1985.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 7, eff. September 1, 2009.

Sec. 12.003. RECORDS. (a) The department shall keep a record

containing the following information:

(1) the amount of all special taxes collected;

(2) a list of all licenses issued and the amount of license fees

collected;

(3) a list of all certificates issued for location of private

oyster beds, the date of the certificate and application, when

and how the applications were executed, and the manner in which

the bottoms were examined and the amount of rent collected for

the location;

(4) all stock fish furnished, to whom the fish were furnished,

and the cost of the stock fish;

(5) all streams, lakes, or ponds stocked and the number and

kinds of fish stocked in each; and

(6) all collections and disbursements of the department.

(b) The department shall keep an account with each person, firm,

or corporation holding certificates for the location of private

oyster beds, showing the amounts received as rents.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975.

Sec. 12.004. LIST OF FEES AND FINES. (a) Repealed by Acts

1997, 75th Leg., ch. 1256, Sec. 130, eff. Sept. 1, 1997.

(b) The department shall file at the end of each calendar month

a written report with the comptroller showing fines, licenses,

and other fees collected, their disposition, and any other

necessary information.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 130, eff.

Sept. 1, 1997.

Sec. 12.005. FUNDS IN LIEU OF TAXES. (a) The department shall

expend funds to counties and school districts for assessments in

lieu of property taxes on wildlife management areas purchased

from federal funds or grants authorized by the Pittman-Robertson

Act or Dingell-Johnson Act.

(b) No general revenue funds may be expended in lieu of taxes

for wildlife management areas; however, special funds may be

expended for this purpose provided reimbursement or matching from

the federal government is available at a federal ratio of two to

one or better.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975.

Sec. 12.006. PUBLICATIONS ON WILDLIFE VALUES AND MANAGEMENT.

(a) The department may provide or sell information, including

books, magazines, photographs, prints, and bulletins, to the

public about wildlife values and management.

(b) The department may receive royalties on department-owned

materials that are sold or supplied to others by the department

for publication.

publication of information concerning wildlife values and

management.

(d) Money received under this section shall be deposited in the

State Treasury to the credit of the fund or account from which

expenses for the publication were paid.

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. 24,

eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, Sec. 9, eff.

Sept. 1, 1993.

Sec. 12.008. LEASING OF GRAZING OR FARMING RIGHTS: SALE OF

PRODUCTS. (a) The department may lease grazing or farming

rights on any land acquired by, and for the use of, the

department as game preserves, game sanctuaries, and game

management areas. The department may harvest and sell, or sell in

place, any timber, hay, or other product grown on land of the

department when the product is found to be in excess of wildlife

management needs.

(b) The department may agree to accept consideration in lieu of

money as part or full payment for a sale or lease under this

section. The consideration in lieu of money must be materials,

supplies, or services that are needed for wildlife management

projects on any game management area administered by the

department. The materials, supplies, or services accepted in lieu

of money may be assigned a value no greater than that which the

department would have been authorized to pay for them in a bona

fide purchase.

this section under the general law governing the sale of state

property; however, the department shall determine the quantity of

products to be offered for sale and the consideration in lieu of

money to be received under the sale. The department may lease

grazing or farming rights under this section. In leasing the

rights, the department must follow a competitive bidding

procedure.

(d) All money derived from a sale or lease under this section

shall be deposited in the state treasury to the credit of the

game, fish, and water safety account.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art. 3,

Sec. 1, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 2885, ch.

491, Sec. 1, eff. Aug. 29, 1983; Acts 1991, 72nd Leg., ch. 475,

Sec. 1, 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 679,

Sec. 10, eff. Sept. 1, 1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.106, eff. September 1, 2007.

Sec. 12.010. NUISANCE OR NOXIOUS AQUATIC VEGETATION PROGRAM.

(a) The department may implement a program to control or

eradicate nuisance aquatic vegetation, including hydrilla and

giant sylvania, from public water in this state.

(b) To implement the program under this section, the department

may use money from unclaimed refunds of the tax on fuel used in

motorboats appropriated to the department under Section

162.502(c), Tax Code.

the department or use the services of department personnel for

the control or eradication of nuisance or noxious vegetation in

the water of this state.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 8, eff.

Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 19, eff. June 15, 2007.

Sec. 12.011. TEACHING EQUIPMENT. On request of a

state-supported institution of higher education engaged in

teaching and research related to marine science and oceanography,

the department may transfer to the institution fish nets, seines,

motors, boats, and other marine equipment confiscated under the

authority of the game and fish laws to be used in the teaching

and research programs of the institution.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975.

Sec. 12.013. POWER TO TAKE WILDLIFE; FISH. (a) An employee of

the department acting within the scope of the employee's

authority may possess, take, transport, release, and manage any

of the wildlife and fish in this state for investigation,

propagation, distribution, education, disease diagnosis or

prevention, or scientific purposes.

(b) A person who is not an employee of the department who is

participating under the supervision of a department employee in a

program or event designated by the director as being conducted

for research or species propagation and as exempt from the

normally applicable size or bag limits may possess, take,

transport, or release any fish in this state to accomplish the

intent of the program or event.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 9, eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 2, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 20, eff. September 1, 2007.

Sec. 12.015. REGULATION OF FISH, SHELLFISH, AND AQUATIC PLANTS.

The department shall regulate the introduction and stocking of

fish, shellfish, and aquatic plants into the public water of the

state.

Added by Acts 1975, 64th Leg., p. 1219, ch. 456, Sec. 17, eff.

Sept. 1, 1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3,

Sec. 110, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 637, Sec.

7, eff. Sept. 1, 1989.

Sec. 12.017. DAMAGING MARKERS. (a) No person may damage,

deface, destroy, or remove, tie up a boat to, or in any way

render inoperative or ineffective a marker, buoy, light or sound

signal, radar reflector, or daymark or any part of these devices,

including the attachment intended to hold the device in place.

(b) The fact that a device or part of a device specified in

Subsection (a) of this section may have been established by the

state in water adjacent to but outside the territorial water of

the state is not a defense against a prosecution for damaging

state property.

Added by Acts 1977, 65th Leg., p. 1126, ch. 421, Sec. 2, eff.

Aug. 29, 1977. Amended by Acts 1985, 69th Leg., ch. 267, art. 3,

Sec. 2, eff. Sept. 1, 1985.

Sec. 12.018. ACCEPTANCE AND DISPOSITION OF GIFTS. (a) The

department may accept a gift or donation from any person for the

purpose of funding any program or function of the department

relating to wildlife conservation.

(b) A gift or donation other than money accepted under this

section may be auctioned off or used as a prize in conjunction

with a fund-raising program or event. All proceeds of the auction

or fund-raising program or event shall be used by the department

for the purposes described by this section.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 25, eff.

Sept. 1, 1985.

Sec. 12.019. PENALTIES. (a) Except as provided by Subsection

(b) of this section, a person who violates Section 12.015,

12.017, or 12.504 of this code or a regulation adopted under

Section 12.015 of this code commits an offense that is a Class C

Parks and Wildlife Code misdemeanor.

(b) If it is shown at the trial of the defendant for a violation

of Section 12.017 of this code that he has been convicted within

five years before the trial date of a violation of that section,

on conviction he shall be punished for a Class B Parks and

Wildlife Code misdemeanor.

offense that is a Class A Parks and Wildlife Code misdemeanor.

Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 3, eff.

Sept. 1, 1985.

Sec. 12.021. ANNUAL ACCOUNTING REPORT. The director or his

designee shall file annually with the governor and the presiding

officer of each house of the legislature a complete and detailed

written report accounting for all funds received and disbursed by

the department during the preceding year. The form of the annual

report and the reporting time shall be that provided in the

General Appropriations Act.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 26, eff.

Sept. 1, 1985.

Sec. 12.024. WATER PERMIT RESPONSIBILITIES. (a) The Texas

Department of Water Resources shall furnish to the department a

copy of all permit applications to store, take, or divert water.

(b) The department shall make recommendations to the Texas

Department of Water Resources to protect fish and wildlife

resources, including permit conditions, mitigation, and schedules

of flow or releases.

hearing on an application for a permit to store, take, or divert

water.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 29, eff.

Sept. 1, 1985.

Sec. 12.025. TECHNICAL GUIDANCE TO LANDOWNERS. (a) The

department may provide technical guidance to landowners who

request information concerning fish, wildlife, nongame, and

habitat management.

(b) In setting priorities for the provision of money to a

landowner under this section, the department shall consider:

(1) the inventory developed under Section 11.103; and

(2) the priorities set under Section 11.105.

and cooperate with appropriate state agencies.

(d) The department shall provide notice of Section 12.0251 to a

private landowner who requests technical assistance before

entering the property to collect and record information about

animal or plant life.

(e) The commission by rule shall adopt policies, including

written guidelines for a method for providing notice under

Subsection (d) and for departmental entry onto privately owned

land to collect information described by Section 12.0251(a). The

policies and guidelines must identify the maximum information

that the department may maintain under Section 12.0251.

(f) A review or update of a record or plan produced by the

department under Section 12.0251 and maintained by the landowner

or the landowner's agent may be requested by the landowner or the

department.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 30, eff.

Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 519, Sec. 2,

eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 968, Sec. 28, eff.

Sept. 1, 2001.

Sec. 12.0251. DISCLOSURE OF INFORMATION COLLECTED DURING

TECHNICAL GUIDANCE TO PRIVATE LANDOWNER. (a) Except as provided

by this section, information is not subject to Chapter 552,

Government Code, and may not be disclosed to any person,

including a state or federal agency, if the information is

collected by the department in response to a landowner request

relating to the specific location, species identification, or

quantity of any animal or plant life that is:

(1) protected by this code; and

(2) located on private land that:

(A) is subject to a wildlife management plan developed

cooperatively with the department for private land; or

(B) is the subject of a recommendation report prepared by the

department for the landowner.

(b) The commission or the department may disclose information

described by this section only to the landowner unless:

(1) the landowner consents to full or specified partial

disclosure of information; and

(2) the consent is in writing and is attached to the plan or

recommendation report.

program information only if the information is summarized in a

manner that prevents the identification of an individual or

specific parcel of land and the landowner.

(d) The department may prepare not more than one original record

of the information collected by the department and incorporated

into a wildlife management plan, and the record becomes the

property of the landowner. The department may retain one copy of

the record. The retained copy may not be disclosed except as

provided by this section.

(e) Except as provided by this subsection, the department shall

send a copy of the information retained by the department

relating to a landowner's property to the landowner and destroy

the department's record of the information if the protected

information status assigned by this section is revoked. The

department may retain a copy of the information if the landowner

consents in writing.

(f) In this section, a reference to the department includes a

reference to an agent of the department.

(g) This section does not apply to a parcel of land that is not

privately owned.

Added by Acts 1995, 74th Leg., ch. 519, Sec. 3, eff. Aug. 28,

1995. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 29, eff.

Sept. 1, 2001.

Sec. 12.026. MULTIPLE USE OF LAND. A tract of land purchased

primarily for a purpose authorized by this code may be used for

any authorized function of the department if the commission

determines that multiple use is the best utilization of the

land's resources.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 31, eff.

Sept. 1, 1985.

Sec. 12.027. ADOPTION OF EMERGENCY RULES. If the commission or

the executive director finds that there is an immediate danger to

a species authorized to be regulated by the department, or that

strict compliance with existing department rules would in any way

prevent, hinder, or delay necessary action in coping with a

disaster declared by the governor, the commission or the

executive director may adopt emergency rules as provided by

Chapter 2001, Government Code.

Added by Acts 1989, 71st Leg., ch. 924, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 8, eff. September 1, 2009.

SUBCHAPTER B. ENFORCEMENT POWERS

Sec. 12.101. DEFINITIONS. In this subchapter:

(1) "Aircraft" means a device, including an airplane, ultralight

airplane, or helicopter, that can be used for flight in the air.

(2) "Contraband" means:

(A) an aircraft, vehicle, firearm, or other device used to

commit a violation of Subchapter G, Chapter 43, of this code or a

regulation of the commission adopted under that subchapter;

(B) a vessel that is not documented by the United States Coast

Guard or registered as provided by Chapter 31 and that is used to

commit an offense under Section 66.006 of this code;

66.2011 of this code; or

(D) any aircraft or vessel used to commit a second or subsequent

offense under Section 61.022, 62.003, 62.004, or 62.005.

(3) "Vessel" means watercraft, including an attached motor, that

can be used for transportation on water.

Added by Acts 1995, 74th Leg., ch. 966, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1999, 76th Leg., ch. 959, Sec. 1, eff.

Sept. 1, 1999.

Sec. 12.102. INSPECTION OF WILDLIFE RESOURCES. (a) In this

section:

(1) "Residence" means a person's principal or ordinary home or

dwelling place.

(2) "Temporary residence" means a place where a person

temporarily dwells or seeks shelter. The term does not include a

hunting blind. The term does include a:

(A) hunting club or lodge;

(B) clubhouse;

(D) tent;

(E) manufactured home used as a hunting club or lodge; and

(F) hotel room, motel room, or room in a boardinghouse used

during a hunting trip.

(3) "Wildlife resource" means any animal, bird, reptile,

amphibian, fish, or form of aquatic life or any part of an

animal, bird, reptile, amphibian, fish, or form of aquatic life

the hunting, catching, or possession of which is regulated by

this code.

(b) Except as provided by Subsection (d), a game warden or other

peace officer commissioned by the department who observes a

person engaged in an activity regulated by this code or under the

jurisdiction of the commission or reasonably believes that a

person is or has been engaged in an activity regulated by this

code or under the jurisdiction of the commission may inspect:

(1) any license, permit, tag, or other document issued by the

department and required by this code of a person hunting or

catching wildlife resources;

(2) any device that may be used to hunt or catch a wildlife

resource;

(3) any wildlife resource in the person's possession; and

(4) the contents of any container or receptacle that is commonly

used to store or conceal a wildlife resource.

peace officer commissioned by the department may inspect any

wildlife resource that has been taken by a person and is in plain

view of the game warden or other peace officer.

(d) Nothing in this section authorizes a game warden or other

peace officer commissioned by the department to conduct a search

otherwise authorized by this section:

(1) in a person's residence or temporary residence; or

(2) on a publicly maintained road or way that is:

(A) improved, designed, or ordinarily used for vehicular

traffic;

(B) open to the public; and

intended for vehicular traffic.

Added by Acts 2003, 78th Leg., ch. 558, Sec. 1, eff. Sept. 1,

2003.

Sec. 12.103. ENTERING LAND; USE OF INFORMATION OBTAINED BY

ENTRY; CIVIL PENALTY. (a) To enforce the game and fish laws of

the state and to conduct scientific investigations and research

regarding wild game or fish, an authorized employee of the

department may enter on any land or water where wild game or fish

are known to range or stray. No action may be sustained against

an employee of the department to prevent his entering on land or

water when acting in his official capacity as described by this

subsection.

(b) Except as provided by Subsection (d), the department may use

information collected by an employee of the department on

privately owned land only for the purposes of scientific

investigations and research described in Subsection (a) and only

if authorized in writing by the landowner or the landowner's

agent. Unless the department first obtains the written consent of

the landowner or the landowner's agent, the department may not:

(1) use other incidental information obtained on the land that

does not pertain directly to the investigation or research

authorized under Subsection (a); or

(2) enter or permit the entry of any information that does not

pertain directly to the investigation or research authorized

under Subsection (a), into a database:

(A) maintained by the department and available to a person other

than a department employee;

(B) maintained by a natural heritage program administered by the

department; or

under this section may only be reported or compiled in a manner

that prevents the identification of an individual parcel or

specific parcels of private property without the written consent

of the landowner or the landowner's agent.

(d) The department may collect and enter data as necessary

relating to the occurrence or harvest of natural resources in

public land or water. The department may collect and report

standardized annual wildlife survey information required by the

Pitman-Robertson Wildlife Restoration Act (16 U.S.C. Section 669

et seq.).

(e) The department is liable to a private landowner for a civil

penalty in the amount of $1,000 for a violation of this section

involving information collected by an employee of the department

on the landowner's property. A landowner may bring suit to

collect the penalty in the county in which the land is located or

the county in which the landowner resides.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1995, 74th Leg., ch. 521, Sec. 1, eff.

Sept. 1, 1995.

Sec. 12.104. RIGHT TO SEARCH AND INSPECT. (a) A game warden or

other peace officer commissioned by the department may search a

game bag, vehicle, vessel, or other receptacle if the game warden

or peace officer has a reasonable, articulable suspicion that the

game bag, vehicle, vessel, or receptacle contains a wildlife

resource that has been unlawfully killed or taken.

(b) A game warden or other peace officer commissioned by the

department may inspect a wildlife resource or a part or product

of a wildlife resource that is discovered during a search under

Subsection (a) of this section.

reptile, amphibian, fish, or other aquatic life the taking or

possession of which is regulated in any manner by this code.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1991, 72nd Leg., ch. 261, Sec. 1, eff. Aug.

26, 1991.

Sec. 12.105. SUITS. (a) The department may file complaints in

the name of the State of Texas to recover fines and penalties for

violations of the laws relating to game, birds, and fish.

(b) The department may file a complaint and commence proceedings

against an individual for violation of the laws relating to game,

birds, and fish without the approval of the county attorney of

the county in which the proceedings are brought. The department

is not required to furnish security for costs for proceedings

under this subsection.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975.

Sec. 12.106. NOTICE TO APPEAR. (a) Any peace officer of this

state or a political subdivision of this state or an authorized

employee of the department who arrests a person for a violation

of this code or a regulation of the commission adopted under this

code may deliver to the alleged violator a written notice to

appear before the justice court, county court, or another court

having jurisdiction of the offense not later than 15 days after

the date of the alleged violation.

(b) On signing the written notice to appear and thereby

promising to appear as provided in the notice, the alleged

violator shall be released.

a regulation of the commission adopted under this code within the

time specified in the written notice commits an offense that is a

Class C Parks and Wildlife Code misdemeanor, and a warrant for

the arrest of the alleged violator may be issued.

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. 4,

eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 338, Sec. 1, eff.

Sept. 1, 1993.

Sec. 12.107. REMISSION OF FINES. (a) A justice of the peace,

clerk of any court, or any other officer of the state who

receives a fine imposed by a court for a violation of this code

or a regulation of the commission adopted under this code shall

send the fine to the department within 10 days after the date of

collection. A statement containing the docket number of the case,

the name of the person fined, and the section of this code or the

regulation violated must accompany the remission of the fine.

(b) The amount of the fine to be remitted to the department is

80 percent in county court or higher court cases and 85 percent

in justice court cases.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1985, 69th Leg., ch. 269, Sec. 4, eff.

Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 338, Sec. 2, eff. Sept.

1, 1993.

Sec. 12.108. EXPENSES. In making an arrest, summoning a

witness, and serving a process, the department is entitled to the

same fee and mileage allowance as a sheriff. The fee is charged

and collected in the same manner as sheriff's fees.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975.

Sec. 12.109. CONFISCATION AND DISPOSITION OF AQUATIC PRODUCTS.

(a) Except as provided by Subsection (c) or (f) of this section,

when an enforcement officer of the department believes that a

person has unlawful possession of any fish, oysters, shrimp, or

other aquatic products as defined by Section 47.001(16) of this

code, taken in violation of this code or a proclamation of the

commission adopted under this code, he shall seize the aquatic

products and all aquatic products aboard any vessel involved, or

in any device used to catch or store aquatic products, whether in

storage or on deck, and whether alive or dead, frozen or fresh,

whole or processed to any extent. The officer shall sell the

aquatic products and dispose of the proceeds as provided in

Subsection (b) of this section.

(b) The confiscated aquatic products shall be sold to the

highest of three bidders. The proceeds of the sale shall be

deposited in the state treasury to the credit of suspense account

No. 900 pending the outcome of the action taken against the

person charged with illegal possession. The officer shall give to

the person a receipt for all aquatic products seized upon the

sale of the aquatic products. If bids cannot be obtained, the

department, if practicable, shall donate the aquatic products to

a charitable institution, hospital, or other person.

daily bag or possession limit, the officer shall allow the person

in possession to retain a lawful quantity of the aquatic

products, but only if the person gives written acknowledgement of

retention of a lawful quantity to the officer on a form provided

by the department. The officer shall sell the remainder of the

aquatic products and dispose of the proceeds as provided by

Subsection (b) of this section.

(d) Unless the person is found guilty, pleads guilty or nolo

contendere, or is placed on deferred adjudication, all the

proceeds shall be paid to the owner of the aquatic products.

(e) This section does not apply to fish, shrimp, or other

aquatic products that are taken from an area declared by the

Commissioner of Health to be a prohibited area.

(f) If an enforcement officer of the department determines that

a person is in possession of oysters that were taken unlawfully,

the officer may direct, if practical, that the oysters be

returned to a public reef.

(g) The department and an enforcement officer of the department

who acts under this section are not liable in any civil action

for the seizure, sale, release, or donation of aquatic products

or for the order to return oysters to a public reef.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1975, 64th Leg., p. 1214, ch. 456, Sec.

13(k), eff. Sept. 1, 1975. Acts 1985, 69th Leg., ch. 433, Sec. 7,

eff. June 11, 1985; Acts 1987, 70th Leg., ch. 611, Sec. 1, eff.

Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 338, Sec. 3, eff. Sept.

1, 1993; Acts 1993, 73rd Leg., ch. 679, Sec. 11, eff. Sept. 1,

1993; Acts 1999, 76th Leg., ch. 454, Sec. 6, eff. Sept. 1, 1999.

Sec. 12.110. DISPOSITION OF CONFISCATED GAME. (a) Except as

provided by Subsection (d), the department shall donate, whenever

donation is reasonably practicable, any wild game animal, bird,

fowl, game fish, or exotic animal that is unlawfully killed,

taken, shipped, held in storage, possessed, or offered for sale

in a public eating place to a charitable institution, hospital,

or person or persons.

(b) The expense of any storage, care, feeding, cold storage, or

processing that may be necessary for an unlawfully possessed game

bird, fowl, animal, game fish, or exotic animal shall be assessed

against the violator on the violator's conviction.

who acts under this section are not liable in any civil action

for the seizure, sale, or donation of a game bird, other fowl,

animal, game fish, or exotic animal.

(d) The department may sell confiscated live game described by

Subsection (a) to the highest of three bidders. At the time of a

sale under this subsection, the department shall provide the

buyer a receipt for all game sold to the buyer. The department

shall deposit the proceeds of the sale in the state treasury to

the credit of suspense account 900 pending the outcome of any

action against the person charged with an unlawful action

described by Subsection (a). If that person is found guilty,

pleads guilty or nolo contendere, or is placed on deferred

adjudication, the department shall deposit the proceeds of the

sale into the game, fish, and water safety account. If the

person is found not guilty, the department shall pay the proceeds

of the sale to the person.

(e) This section does not apply to the lawful possession or sale

of an exotic animal.

(f) In this section, "exotic animal" has the meaning assigned by

Section 62.015.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1977, 65th Leg., p. 33, ch. 16, Sec. 1,

eff. March 16, 1977; Acts 1993, 73rd Leg., ch. 338, Sec. 4, eff.

Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 3, eff. June 18, 2005.

Sec. 12.1101. SEIZURE AND DISPOSAL OF PELTS. (a) A game warden

or authorized employee of the department may seize the pelt of

any fur-bearing animal taken or possessed in violation of a

provision of this code or a lawful regulation of the commission.

If an alleged violator is charged with a violation of a provision

of this code or of a regulation of the commission in connection

with the pelt seized, the warden or employee shall hold the pelt

as evidence. On conviction of the alleged violator or on his plea

of nolo contendere, the pelts may be sold to the highest bidder

after taking the minimum of three written bids by the department.

If the alleged violator is not guilty of the offense or if the

charge is dismissed the pelts shall be returned to their lawful

owner.

(b) A game warden or authorized employee of the department

acting under the authority of this section is immune from

liability and from suit for the seizure of pelts.

Sec. 6, eff. Sept. 1, 1979.

Added by Acts 1977, 65th Leg., p. 82, ch. 39, Sec. 1, eff. March

30, 1977. Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art.

1, Sec. 6, eff. Sept. 1, 1979.

Sec. 12.1105. SEIZURE AND DISPOSITION OF UNLAWFUL FISHING

DEVICES. (a) When a game warden or other peace officer finds in

or on the public water of the state a seine, net, trawl, trap, or

other device that is in or on the water in violation of a

provision of this code or in violation of a lawful regulation of

the commission or is aboard a vessel in violation of a provision

of this code or a lawful regulation of the commission, the warden

or other peace officer shall seize without a warrant the seine,

net, trawl, trap, or device.

(b) When an alleged violator is charged with an offense in

connection with the unlawful use or possession of the seine, net,

trawl, trap, or device seized by the warden or other peace

officer, the warden or other peace officer shall hold the seine,

net, trawl, trap, or device as evidence. Except as provided in

Subsection (e) of this section, on a final conviction for the

offense of the alleged violator, including a final judgment

arising from a plea of nolo contendere, the warden or other peace

officer shall destroy the seine, net, trawl, trap, or device. If

the alleged violator is not guilty of the offense or if the

charge is not prosecuted and dismissed, the seine, net, trawl,

trap, or device shall be returned to the owner.

the seizure of a seine, net, trawl, trap, or other device under

this section, and no person is found in possession of the seine,

net, trawl, trap, or device, the warden or other peace officer

shall give notice of the seizure to the county judge or a judge

of a county court at law or justice court of the county where the

seizure occurred. The notice must include a description of the

items seized and the location of the seizure. The court shall

then direct the sheriff or a constable to post a copy of the

notice in the county courthouse for not less than 10 days. At the

expiration of 10 days, the court shall hold a hearing to

determine if the seine, net, trawl, trap, or device was used or

possessed in violation of a provision of this code or of a lawful

regulation of the commission. Except as provided in Subsection

(e) of this section, if the use or possession was unlawful, the

warden or other peace officer shall destroy the seine, net,

trawl, trap, or device.

(d) A game warden or other peace officer who seizes items under

this section is immune from liability and from suit for a seizure

or destruction of a net as authorized by this section.

(e) The Parks and Wildlife Department, when requested by

authorized representatives of units of The University of Texas

System, The Texas A&M University System, and the Texas State

University System engaged in teaching and research related to

marine science and oceanography, may transfer to such units of

said universities and university systems nets, seines, and other

marine equipment, which have been seized under this section, to

be used in carrying out the teaching and research programs within

said institutions.

Added by Acts 1977, 65th Leg., p. 381, ch. 190, Sec. 3, eff. May

20, 1977. Amended by Acts 1991, 72nd Leg., ch. 781, Sec. 1, eff.

Sept. 1, 1991; Acts 1995, 74th Leg., ch. 1061, Sec. 10, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 227, Sec. 7, eff. May

23, 1997; Acts 1999, 76th Leg., ch. 851, Sec. 1, eff. Sept. 1,

1999.

Sec. 12.1106. SEIZURE AND DISPOSITION OF CONTRABAND; IMMUNITY.

(a) A game warden or other peace officer who has probable cause

to believe property is contraband may seize the property without

a warrant.

(b) The warden or officer shall give notice of the seizure,

including a description of the seized property and the location

and date of seizure, to the county judge or a judge of a county

court at law, justice court, or district court of the county

where the seizure occurred:

(1) when a person pleads guilty or nolo contendere to, is

convicted of, or is placed on deferred adjudication for:

(A) an offense under Section 66.006, Section 66.2011, or

Subchapter G, Chapter 43, of this code; or

(B) a second or subsequent offense under Section 61.022, 62.003,

62.004, or 62.005 of this code; or

(2) if no person is arrested for an offense immediately after

the warden or officer seizes the property.

copy of the notice in the county courthouse for not less than 10

days. At the expiration of 10 days, the court shall hold a

hearing to determine if the seized property is contraband.

(d) The court shall order the seized property:

(1) forfeited to the department if the court determines by a

preponderance of the evidence that:

(A) the seized property is contraband and a person pleaded

guilty or nolo contendere to, was convicted of, or was placed on

deferred adjudication for:

(i) an offense under Section 66.006, Section 66.2011, or

Subchapter G, Chapter 43, of this code; or

(ii) a second or subsequent offense under Section 61.022,

62.003, 62.004, or 62.005 of this code; or

(B) the seized property is contraband and no person was arrested

for an offense immediately after the warden or officer seized the

property; or

(2) released to the owner if:

(A) the person charged with an offense under Section 66.006,

Section 66.2011, or Subchapter G, Chapter 43, of this code or a

second or subsequent offense under Section 61.022, 62.003,

62.004, or 62.005 of this code is acquitted or the charge is

dismissed; or

(B) the court determines that the seized property is not

contraband.

(e) If the department receives a forfeiture order from a court

as authorized by this section, the department may:

(1) use the seized property in its normal operations;

(2) sell or transfer the property; or

(3) destroy the property.

(f) A warden or officer who seizes property under this section

is immune from liability and from suit for a seizure and

disposition of property as authorized by this section.

(g) The commission may adopt rules to implement this section.

(h) The department shall deposit money received under this

section in the state treasury to the credit of the game, fish,

and water safety account.

Added by Acts 1991, 72nd Leg., ch. 808, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 12, eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 966, Sec. 2, eff. Sept.

1, 1995; Acts 1999, 76th Leg., ch. 851, Sec. 2, eff. Sept. 1,

1999; Acts 1999, 76th Leg., ch. 959, Sec. 2, eff. Sept. 1, 1999.

Sec. 12.113. COASTAL SURVEY CHARTS ADMISSIBLE. In any

prosecution under this code, United States Coastal Survey Charts

are admissible.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975.

Sec. 12.114. DRIVER'S LICENSE OR PERSONAL IDENTIFICATION

CERTIFICATE REQUIRED. (a) A person who is 17 years of age or

older and who has a license or permit issued under this code or

who is engaging in an activity that requires a license or permit

shall have a driver's license or personal identification

certificate in the person's immediate possession.

(b) If the person is a resident as defined by Subdivision (1) of

Section 42.001 of this code, "driver's license" and "personal

identification certificate" have the meanings assigned by Chapter

521, Transportation Code.

"driver's license" and "personal identification certificate" mean

those documents that are similar to those defined in Subsection

(b) and that are issued by the agency in the state or country of

which the person is a resident that is authorized to issue

driver's licenses or personal identification certificates.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 32, eff.

Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 165, Sec.

30.232, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1256, Sec.

10, eff. Sept. 1, 1997.

Sec. 12.115. OFFENSE. (a) A person who is arrested for an

alleged violation of this code or a proclamation or regulation

adopted under this code commits an offense if the person:

(1) does not have in his immediate possession a driver's license

or personal identification certificate required by Section 12.114

of this code; or

(2) fails or refuses to display the driver's license or personal

identification certificate required by Section 12.114 of this

code when requested to do so by any peace officer, game warden,

magistrate, or officer of a court of competent jurisdiction.

(b) An offense under this section is a Class C Parks and

Wildlife Code misdemeanor.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 32, eff.

Sept. 1, 1985.

Sec. 12.116. JUSTICE COURT TO PROVIDE AFFIDAVITS CERTIFYING

CERTAIN CONVICTIONS. (a) If a person is convicted in justice

court for violating a provision of this code or a proclamation or

regulation adopted under this code that provides enhanced

penalties for subsequent convictions, the court on request shall

submit to the department an affidavit certifying the conviction.

The affidavit must include the driver's license number or

personal identification certificate number obtained from the

violator.

(b) The affidavit certifying the conviction, if admissible under

the Texas Rules of Evidence, is available in subsequent

prosecutions of that person for violations of the section,

proclamation, or regulation under which the prior conviction was

obtained.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 32, eff.

Sept. 1, 1985.

Sec. 12.117. JUSTICE COURT TO PROVIDE AFFIDAVITS CERTIFYING

CERTAIN CONVICTIONS AND OTHER INFORMATION. (a) If a person is

convicted in a justice court for violating a provision of this

code or a proclamation or regulation adopted under this code that

provides enhanced penalties for subsequent convictions, the court

on request shall submit to the department an affidavit certifying

the conviction. Along with such affidavit the court shall also

compile and send to the department the defendant's driver's

license number and copies of any photograph, picture,

description, or measurement of the defendant made by any law

enforcement agency in connection with the offense.

(b) A certified copy of such affidavit and documents pursuant to

Subsection (a) of this section is admissible as evidence in a

criminal proceeding to prove that a particular person was

convicted of the offense to which the documents pertain if the

court finds that 15 days before trial, the party against whom the

evidence is offered was provided a copy of the document offered

as evidence.

Added by Acts 1985, 69th Leg., ch. 827, Sec. 10, eff. Aug. 26,

1985. Amended by Acts 1987, 70th Leg., ch. 218, Sec. 1, eff.

Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 18.001, eff. September 1, 2009.

Sec. 12.119. VIOLATION OF COMMISSION RULE ON POSSESSION OF

LICENSE; PENALTY. (a) A person commits an offense if the person

violates a rule adopted by the commission relating to possessing

a license or stamp otherwise required by this code for hunting

wildlife resources or for catching aquatic life.

(b) An offense under this section is a Class C Parks and

Wildlife misdemeanor.

Added by Acts 1995, 74th Leg., ch. 931, Sec. 2, eff. June 16,

1995.

SUBCHAPTER C. OPERATION GAME THIEF

Sec. 12.201. CREATION OF FUND. The department may accept and

deposit in a special fund outside the state treasury, called the

operation game thief fund, donations from any person made for

purposes of this subchapter. Funds deposited in the operation

game thief fund may be used only for the maintenance of that

fund, promotion of the operation game thief program through

advertisement and marketing, the development, acquisition, and

implementation of technological advancements to facilitate the

apprehension and prosecution of persons who violate laws of this

state intended to protect the state's natural or cultural

resources or the public safety of persons using those natural or

cultural resources, and payment of rewards and death benefits

authorized by this subchapter. The Operation Game Thief

Committee shall adopt rules for the implementation of the

operation game thief program and maintenance of the operation

game thief fund.

Added by Acts 1981, 67th Leg., p. 3316, ch. 868, Sec. 1, eff.

Aug. 31, 1981. Amended by Acts 1987, 70th Leg., ch. 245, Sec. 1,

eff. May 28, 1987; Acts 1995, 74th Leg., ch. 244, Sec. 1, eff.

Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

215, Sec. 1, eff. September 1, 2005.

Sec. 12.202. OPERATION GAME THIEF COMMITTEE. (a) The director

shall appoint an Operation Game Thief Committee composed of 11

members to administer the operation game thief fund and to make

reward payments and death benefit payments from that fund. The

director shall appoint persons who are not employees of the

department and who have a demonstrated interest in game and fish

conservation. The director may consider the recommendations or

nominations of any club or association. The director shall

designate one of the members as chairman of the committee. The

director shall appoint a former committee member to serve as

chairman emeritus. The chairman emeritus has the same rights and

duties as any other committee member. The director or an employee

designated by the director for that purpose shall serve as

secretary to the committee. A member of the committee serves

without compensation.

(b) Each member of the committee, including the chairman

emeritus, serves a term of six years. The terms of approximately

one-third of the members, including the chairman emeritus, expire

on January 31 of each odd-numbered year. The director may

reappoint members.

year at the department's office in Austin or at a location

designated by the chairman of the committee. Four committee

members must be present for approval of disbursement of rewards

to eligible applicants and death benefit payments to eligible

recipients. Except as provided by Subsection (d), if the vote for

approval of disbursements of rewards or death benefits results in

a tie vote, no action may be taken until the next meeting of the

committee.

(d) Repealed by Acts 2003, 78th Leg., ch. 1170, Sec. 29.02.

Added by Acts 1981, 67th Leg., p. 3316, ch. 868, Sec. 1, eff.

Aug. 31, 1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 1,

Sec. 33, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 245, Sec.

2, eff. May 28, 1987; Acts 1991, 72nd Leg., ch. 431, Sec. 1, eff.

Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 631, Sec. 1, eff. Sept.

1, 1993; Acts 1995, 74th Leg., ch. 244, Sec. 2, eff. Sept. 1,

1995; Acts 2003, 78th Leg., ch. 1170, Sec. 29.01, 29.02, eff.

Sept. 1, 2003.

Sec. 12.203. REWARDS; CLAIMS. (a) A person may apply to the

committee for a reward to be paid from the operation game thief

fund if the person furnishes information leading to the arrest

and conviction of a person for a violation of this code or any of

the following laws or a regulation adopted under this code or any

of the following laws:

(1) Subchapter B, Chapter 365, Health and Safety Code;

(2) Subchapter E, Chapter 191, Natural Resources Code;

(3) Chapter 28 or Section 30.05, 31.03, 31.11, 37.10, 49.06,

49.07, or 49.08, Penal Code;

(4) Chapter 160, Tax Code; or

(5) Subchapter E, Chapter 7, or Subchapter D, Chapter 26, Water

Code.

(b) The committee may consider claims made at any time before

its meeting, but consideration is limited to claims that relate

to final convictions.

claims are to be made, including any documentation to be

furnished to substantiate the claim.

(d) Repealed by Acts 2005, 79th Leg., Ch. 215, Sec. 3, eff.

September 1, 2005.

Added by Acts 1981, 67th Leg., p. 3316, ch. 868, Sec. 1, eff.

Aug. 31, 1981. Amended by Acts 1987, 70th Leg., ch. 245, Sec. 3,

eff. May 28, 1987.

Amended by:

Acts 2005, 79th Leg., Ch.

215, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

215, Sec. 3, eff. September 1, 2005.

Sec. 12.204. REWARDS; PAYMENTS. No amount in excess of that on

deposit in the operation game thief fund is payable as a reward

under this section or as a death benefit payment under Section

12.206 of this code. No reward may be granted to a person, or an

immediate family member of a person, who is a peace officer,

deputy game warden, prosecutor, employee of the department, or

member of the judiciary.

Added by Acts 1981, 67th Leg., p. 3316, ch. 868, Sec. 1, eff.

Aug. 31, 1981. Amended by Acts 1983, 68th Leg., p. 123, ch. 29,

Sec. 4, eff. April 19, 1983; Acts 1987, 70th Leg., ch. 245, Sec.

4, eff. May 28, 1987; Acts 1993, 73rd Leg., ch. 631, Sec. 2, eff.

Sept. 1, 1993.

Sec. 12.205. POWERS OF THE DEPARTMENT. The department may:

(1) provide a toll-free telephone number for use of the public

in reporting violations of the game and fish laws to an office of

the department that has employees on duty 24 hours a day; and

(2) establish procedures for voluntary donations to the

operation game thief fund to be collected and sent to the

department.

Added by Acts 1981, 67th Leg., p. 3316, ch. 868, Sec. 1, eff.

Aug. 31, 1981.

Sec. 12.206. PAYMENT OF DEATH BENEFITS. The committee may use

the operation game thief fund to supplement any death benefits

received by the families of peace officers employed by the

department who are killed in the line of duty. The committee

shall adopt guidelines for the payment of death benefits under

this section.

Added by Acts 1993, 73rd Leg., ch. 631, Sec. 3, eff. Sept. 1,

1993.

SUBCHAPTER D. RECOVERY BY THE STATE FOR VALUE OF FISH, SHELLFISH,

REPTILE, AMPHIBIAN, BIRD, OR ANIMAL

Sec. 12.301. LIABILITY FOR VALUE OF FISH, SHELLFISH, REPTILE,

AMPHIBIAN, BIRD, OR ANIMAL. A person who kills, catches, takes,

possesses, or injures any fish, shellfish, reptile, amphibian,

bird, or animal in violation of this code or a proclamation or

regulation adopted under this code is liable to the state for the

value of each fish, shellfish, reptile, amphibian, bird, or

animal unlawfully killed, caught, taken, possessed, or injured.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 34, eff.

Sept. 1, 1985.

Sec. 12.302. VALUE OF FISH, SHELLFISH, REPTILE, AMPHIBIAN, BIRD,

OR ANIMAL. For purposes of this subchapter and for determining

damages under Subsection (b), Section 26.124, Water Code, the

commission shall adopt rules to establish guidelines for

determining the value of injured or destroyed fish, shellfish,

reptiles, amphibians, birds, and animals.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 34, eff.

Sept. 1, 1985.

Sec. 12.303. CIVIL SUIT FOR RECOVERY OF VALUE. (a) The

attorney general or the county attorney of the county in which

the violation occurred may bring a civil suit under this

subchapter in the name of the state to recover the value of each

fish, shellfish, reptile, amphibian, bird, or animal unlawfully

killed, caught, taken, possessed, or injured.

(b) A suit under this section shall be brought in the county in

which the violation occurred, except that the attorney general

may bring suit in Travis County.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 34, eff.

Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 73, Sec. 1,

eff. Sept. 1, 1989.

Sec. 12.304. MORE THAN ONE DEFENDANT. If more than one

defendant is named in a suit brought under this subchapter, each

defendant against whom judgment is rendered is jointly and

severally liable for the recovery provided by this subchapter.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 34, eff.

Sept. 1, 1985.

Sec. 12.305. RECOVERY OF VALUE IN ADDITION TO FINE. The

recovery amount provided by this subchapter is in addition to any

fine, forfeiture, penalty, or costs imposed under another law.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 34, eff.

Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 193, Sec. 1,

eff. Sept. 1, 1987.

Sec. 12.306. BOTH CIVIL SUIT AND CRIMINAL PROSECUTION

PERMISSIBLE. The pendency or determination of a suit brought

under this subchapter or the pendency or determination of a

criminal prosecution for the same killing, catching, taking,

possession, or injury does not bar the other action.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 34, eff.

Sept. 1, 1985.

Sec. 12.307. DISPOSITION OF RECOVERY. (a) Any damages for

injury to fish, shellfish, reptiles, amphibians, birds, or

animals recovered in a suit brought by the attorney general shall

be deposited to the credit of the game, fish, and water safety

account.

(b) Fifty percent of any damages for injury to fish, shellfish,

reptiles, amphibians, birds, or animals recovered in a suit

brought by a county attorney shall be deposited in the general

fund of the county. The remainder shall be deposited to the

credit of the game, fish, and water safety account.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 34, eff.

Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 73, Sec. 2,

eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 679, Sec. 13, eff.

Sept. 1, 1993.

Sec. 12.308. CERTAIN COSTS RECOVERABLE. (a) The actual cost of

investigation, reasonable attorney's fees, and reasonable expert

witness fees incurred by the department in a civil suit under

this subchapter may be recovered in addition to damages for the

value of any fish, shellfish, reptile, amphibian, bird, or animal

unlawfully killed, caught, taken, possessed, or injured.

(b) Any amounts recovered under this section shall be credited

to the same operating accounts from which the expenditures

occurred.

Added by Acts 2005, 79th Leg., Ch.

992, Sec. 4, eff. June 18, 2005.

SUBCHAPTER E. PUNISHMENTS

Sec. 12.401. APPLICATION. A person adjudged guilty of an

offense under this code or a proclamation or regulation adopted

under this code shall be punished in accordance with this

subchapter and the Code of Criminal Procedure, 1965.

Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 1, eff.

Sept. 1, 1985.

Sec. 12.402. CIVIL PENALTY. This subchapter does not deprive a

court of authority conferred by law to forfeit property, suspend

or cancel a license or permit, cite for contempt, or impose any

other civil penalty. The civil penalty may be included in the

sentence.

Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 1, eff.

Sept. 1, 1985.

Sec. 12.403. CLASSIFICATION OF OFFENSES. (a) Offenses are

designated as Parks and Wildlife Code misdemeanors or Parks and

Wildlife Code felonies.

(b) Misdemeanors are classified according to the relative

seriousness of the offense into three categories:

(1) Class A Parks and Wildlife Code misdemeanors;

(2) Class B Parks and Wildlife Code misdemeanors; and

(3) Class C Parks and Wildlife Code misdemeanors.

of offenses under this code.

Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 1, eff.

Sept. 1, 1985.

Sec. 12.404. CLASS A PARKS AND WILDLIFE CODE MISDEMEANOR. An

individual adjudged guilty of a Class A Parks and Wildlife Code

misdemeanor shall be punished by:

(1) a fine of not less than $500 nor more than $4,000;

(2) confinement in jail for a term not to exceed one year; or

(3) both such fine and imprisonment.

Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 1, eff.

Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, Sec.

11, eff. Sept. 1, 1997.

Sec. 12.405. CLASS B PARKS AND WILDLIFE CODE MISDEMEANOR. An

individual adjudged guilty of a Class B Parks and Wildlife Code

misdemeanor shall be punished by:

(1) a fine of not less than $200 nor more than $2,000;

(2) confinement in jail for a term not to exceed 180 days; or

(3) both su

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Texas Codes and Statutes

CHAPTER 12. POWERS AND DUTIES CONCERNING WILDLIFE