CHAPTER 42. GENERAL HUNTING LICENSE
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE A. HUNTING AND FISHING LICENSES
CHAPTER 42. GENERAL HUNTING LICENSE
Sec. 42.001. DEFINITIONS. 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 hunting
license;
(B) a member of the United States armed forces on active duty;
(C) a dependent of a member of the United States armed forces on
active duty; or
(D) a member of any other category of individuals that the
commission by regulation designates as residents.
(2) "Nonresident" means an individual who is not a resident.
(3) "Carcass" means the body of a dead deer or antelope, as
listed in Section 63.001(a), that has not been processed more
than by quartering.
(4) "Final destination," for a carcass or wild turkey or any
part of a carcass or wild turkey, means:
(A) the permanent residence of the hunter;
(B) the permanent residence of any other person receiving the
carcass or wild turkey or the part of a carcass or wild turkey;
or
(C) a cold storage or processing facility.
(5) "Final processing," for a carcass or wild turkey, means the
cleaning of the dead animal for cooking or storage purposes. For
a carcass, the term also includes the processing of the animal
more than by quartering.
(6) "Cold storage or processing facility" means a stationary
facility designed and constructed to store or process game
animals and game birds.
(7) "Wildlife resource document" means a document prescribed by
the department, other than a tag or permit, that allows a person
to give, leave, receive, or possess any species of legally taken
game bird or game animal, or part of a legally taken game bird or
game animal, if the game bird or game animal is otherwise
required to have a tag or permit attached or is protected by a
bag or possession limit.
(8) "Quartering" means the processing of an animal into not more
than two hindquarters each having the leg bone (femur) attached
down to the knee and two front shoulders each having the leg
bones (scapula and humerus) attached down to the elbow. The term
also includes removal of two back straps.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 612, ch. 223, Sec. 1,
eff. Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 301, Sec. 1, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 838, Sec. 1, eff. July
15, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 28, eff. Sept. 1,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
218, Sec. 1, eff. September 1, 2009.
Sec. 42.002. RESIDENT LICENSE REQUIRED; EXEMPTION. (a) Except
as provided by Subsections (b) and (c) of this section, no
resident may hunt any bird or animal in this state without having
acquired a hunting license.
(b) A resident possessing a valid resident trapper's license or
fur-bearing animal propagation permit is not required to have a
license issued under this section to take or possess the species
covered by the license or permit.
(c) A resident landowner or the landowner's agent or lessee may
take feral hogs causing depredation on the resident landowner's
land without having acquired a hunting license.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 7,
eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, Sec. 4, eff.
June 16, 1995; Acts 2003, 78th Leg., ch. 809, Sec. 1, 2, eff.
June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
992, Sec. 6, eff. June 18, 2005.
Sec. 42.0021. LIFETIME RESIDENT HUNTING LICENSE. The department
may issue to residents of this state a lifetime resident hunting
license.
Added by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 8, eff.
Sept. 1, 1986.
Sec. 42.005. NONRESIDENT LICENSE REQUIRED. (a) No nonresident
in this state may hunt a mule deer, white-tailed deer, turkey,
pronghorn antelope, or desert bighorn sheep in this state without
first having acquired a general nonresident hunting license.
(b) Except as provided by Subsection (f), no nonresident may
hunt any bird or animal in this state without first having
acquired a general nonresident hunting license, a nonresident
special hunting license, or a nonresident five-day special
hunting license.
(c) A nonresident possessing a valid nonresident trapper's
license is not required to have a license issued under this
section to take or possess the species governed by the license.
(d) No nonresident may hunt a turkey during the spring turkey
hunting season without first having acquired a license as
required by Subsection (b) of this section or a nonresident
spring turkey hunting license.
(e) A nonresident may not acquire or possess during a license
year:
(1) more than one nonresident spring turkey hunting license; or
(2) a general nonresident hunting license and a nonresident
spring turkey hunting license.
(f) A nonresident landowner or the landowner's agent or lessee
may take feral hogs causing depredation on the nonresident
landowner's land without having acquired a hunting license
required by this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 317, ch. 150, Sec. 1,
eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 1859, ch. 439, Sec.
1, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 267, art. 2,
Sec. 9, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 609, Sec.
1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 95, Sec. 1, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 863, Sec. 1, eff. Sept.
1, 1997; Acts 2003, 78th Leg., ch. 809, Sec. 3, eff. June 20,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
992, Sec. 7, eff. June 18, 2005.
Sec. 42.006. POSSESSION OF LICENSE: RULES. The commission by
rule may prescribe requirements relating to possessing a license
issued under this chapter.
Added by Acts 1995, 74th Leg., ch. 931, Sec. 5, eff. June 16,
1995.
Sec. 42.010. ISSUANCE AND FORM OF LICENSES AND TAGS. (a) The
department shall prescribe the form of and issue the licenses and
tags authorized by this chapter.
(b) The department may issue tags for animals or birds allowed
by law to be killed during each year or season to holders of
licenses authorizing the killing of animals or birds. The
commission may establish fees for the tags.
(c) A person commits an offense if the person does not enter the
required information on a license or tag before hunting or if the
person possesses a tag without a name entered on the tag.
(d) No person may issue or receive a license or tag authorized
by this chapter except on the form provided by the department.
(e) The commission by regulation shall determine the number of
tags that may be issued to an individual for taking animals or
birds.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 612, ch. 223, Sec. 2,
eff. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
10, eff. Sept. 1, 1986; Acts 1991, 72nd Leg., ch. 911, Sec. 1,
eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 931, Sec. 6, eff.
June 16, 1995.
Sec. 42.012. RESIDENT LICENSE FEE. (a) The fee for a resident
hunting license is $8 or an amount set by the commission,
whichever amount is more.
(b) The commission may set a lower fee or waive the fee or
license requirement for a resident who is under 17 years old, 65
years old or older, or participating in an event that is
sponsored or co-sponsored by the Texas Parks and Wildlife
Department with the approval of the executive director. The
commission shall waive the fee for a qualified disabled veteran
and for a resident on active duty as a member of the United
States military forces, the Texas Army National Guard, the Texas
Air National Guard, or the Texas State Guard.
(c) "Qualified disabled veteran" means a veteran with a service
connected disability, as defined by the Veterans' Administration,
consisting of the loss of the use of a lower extremity or of a
disability rating of 60 percent or more and who is receiving
compensation from the United States for the disability.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1328, ch. 277, Sec. 7,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
12, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 838, Sec. 2,
eff. July 15, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 7, eff.
June 16, 1995; Acts 1997, 75th Leg., ch. 840, Sec. 1, eff. Sept.
1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
145, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
243, Sec. 1, eff. May 25, 2007.
Sec. 42.0121. LIFETIME RESIDENT HUNTING LICENSE FEE. The fee
for a lifetime resident hunting license is $300 or an amount set
by the commission, whichever amount is more.
Added by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 13, eff.
Sept. 1, 1986. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 8,
eff. June 16, 1995.
Sec. 42.014. NONRESIDENT SPECIAL HUNTING LICENSE FEE. The fee
for a nonresident special hunting license is $37.75 or an amount
set by the commission, whichever amount is more.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 317, ch. 150, Sec. 2,
eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1397, ch. 623, Sec.
1, eff. Aug. 27, 1979; Acts 1985, 69th Leg., ch. 267, art. 2,
Sec. 14, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 609, Sec.
2, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 931, Sec. 9,
eff. June 16, 1995.
Sec. 42.0141. GENERAL NONRESIDENT HUNTING LICENSE FEE. The fee
for a general nonresident hunting license is $100.75 or an amount
set by the commission, whichever amount is more.
Added by Acts 1977, 65th Leg., p. 317, ch. 150, Sec. 3, eff. Aug.
29, 1977. Amended by Acts 1979, 66th Leg., p. 1397, ch. 623, Sec.
2, eff. Aug. 27, 1979; Acts 1985, 69th Leg., ch. 267, art. 2,
Sec. 15, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, Sec.
10, eff. June 16, 1995.
Sec. 42.0142. NONRESIDENT BANDED BIRD HUNTING LICENSE FOR
HUNTING ON A PRIVATE BIRD HUNTING AREA. (a) In lieu of a
general or nonresident special hunting license, a nonresident may
acquire a banded bird hunting license from the department
entitling the nonresident to take pen-reared, banded birds from a
licensed private bird hunting area only.
(b) The fee for a nonresident banded bird hunting license is an
amount set by the commission.
Added by Acts 1987, 70th Leg., ch. 609, Sec. 3, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 512, Sec. 3, eff.
Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 838, Sec. 3, eff. Sept.
1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 11, eff. June 16,
1995.
Sec. 42.0143. NONRESIDENT FIVE-DAY SPECIAL HUNTING LICENSE. A
nonresident five-day special hunting license is valid for five
consecutive days. The fee for the license is set by the
commission in an amount not to exceed 50 percent of the amount of
the fee set for a nonresident special hunting license.
Added by Acts 1987, 70th Leg., ch. 609, Sec. 4, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 12, eff.
June 16, 1995.
Sec. 42.0144. NONRESIDENT SPRING TURKEY HUNTING LICENSE FEE.
The fee for a nonresident spring turkey hunting license is $75 or
an amount set by the commission, whichever amount is more.
Added by Acts 1991, 72nd Leg., ch. 95, Sec. 2, eff. Sept. 1,
1991.
Sec. 42.017. DUPLICATE LICENSE AND TAGS. (a) If a person
licensed to hunt under the provisions of this chapter loses the
license or tags or if the license or tags are destroyed, the
person may apply to the department for and receive a duplicate
license or tags.
(b) The application for a duplicate license or tags is in the
form of an affidavit and must contain a statement of fact
concerning the loss or destruction of the license or tags and a
statement of the number of birds or animals, if any, killed under
the authority of the lost or destroyed license or tags. The
commission by regulation may prescribe additional requirements
for the issuance of a duplicate license or tag under this
section.
(c) A duplicate license entitling the holder to hunt any bird or
animal shall be clearly marked to indicate those birds or animals
previously killed under the authority of the lost or destroyed
license or tags and to prevent the killing of more birds or
animals than allowed for the year.
(d) The fee for a duplicate license or tags is $5 or an amount
set by the commission, whichever amount is more.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 612, ch. 223, Sec. 3,
eff. Sept. 1, 1977; Acts 1983, 68th Leg., p. 1329, ch. 277, Sec.
9, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2,
Sec. 16, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 838, Sec.
4, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 13,
eff. June 16, 1995.
Sec. 42.0175. EXPIRATION DATE. (a) A license issued under this
chapter, other than a lifetime resident hunting license or a
nonresident five-day special hunting license is valid only during
the yearly period for which the license is issued without regard
to the date on which a license is acquired. Each yearly period
begins on September 1 or on another date set by the commission
and extends through August 31 of the next year or another date
set by the commission. A license issued under this chapter other
than a nonresident five-day special hunting license that is
issued before September 1 or another date set by the commission
and does not expire until August 31 of the next year or another
date set by the commission is valid from the date of issuance
through August 31 of the following year or another date set by
the commission. The commission by rule may set the amount of a
license fee for a license issued during a transition period at an
amount lower than prescribed in this chapter and provide for a
license term for a transition period that is shorter or longer
than a year.
(b) A license issued under Section 42.012(b) of this code to a
person who is 16 years of age at the time the license is issued,
but reaches the age of 17 during the term of the license, is
valid for the entire term of the license.
Added by Acts 1977, 65th Leg., p. 1536, ch. 626, Sec. 2, eff.
Aug. 29, 1977. Amended by Acts 1993, 73rd Leg., ch. 838, Sec. 5,
eff. July 15, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 14, eff.
June 16, 1995.
Sec. 42.0177. BIRD OR ANIMAL TAGS: COMMISSION RULES. The
commission by rule may modify or eliminate the tagging
requirements of Section 42.018, 42.0185, or 42.020, or other
similar tagging requirements in this chapter.
Added by Acts 1995, 74th Leg., ch. 931, Sec. 15, eff. June 16,
1995.
Sec. 42.018. TAG TO BE ATTACHED TO DEER. (a) Except as
provided by Subsection (d) or commission rule, no person may
possess the carcass of a deer before the carcass has been finally
processed at a final destination unless there is attached to the
carcass a properly executed deer tag from a hunting license
provided by the department and issued to the person who killed
the deer.
(b) A tag is properly executed only when the month and the date
of the kill are cut out and the tag is filled out to show the
place the deer to which the tag is attached was killed and to
show other information required on the tag by the commission.
(c) If the deer's head is severed from the carcass, the properly
executed tag must remain with the carcass.
(d) A wildlife resource document completed by the person who
killed the deer must accompany the head or other part of the deer
not accompanied by a tag if at any time before the carcass is
finally processed the head or other part of the deer no longer
accompanies the carcass. If a portion of the carcass is divided
among persons and separated and the person who killed the deer
retains a portion of the carcass, that person shall retain the
tag with the portion of the carcass retained by that person. A
wildlife resource document shall be retained with the head of a
deer that is not kept with the carcass until the head is
delivered to the owner after taxidermy or, if not treated by a
taxidermist, until delivered to a final destination.
(e) Final processing for a deer carcass may occur only at a
final destination.
(f) This section does not prohibit a person before delivering a
deer carcass to a final destination from removing and preparing a
part of the deer if the removal and preparation occur immediately
before the part is cooked or consumed.
(g) A landowner or the landowner's agent operating under a
wildlife management plan approved by the department is, if
authorized by the commission, exempt from the tag requirements of
this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 17,
eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 38, Sec. 1, eff.
Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 635, Sec. 2, eff. Sept.
1, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 29, eff. Sept. 1,
1997.
Sec. 42.0185. TAG TO BE ATTACHED TO TURKEY. (a) Except as
provided by commission rule, no person may possess a wild turkey
at any time after the turkey is killed and before it has been
finally processed at a final destination unless there is attached
to the turkey a properly executed turkey tag from a hunting
license provided by the department and issued to the person who
killed the turkey.
(b) A turkey tag is properly executed only when the month and
the date of the kill are cut out and the tag is filled out to
show the place the turkey to which the tag is attached was killed
and to show other information required on the tag.
(c) A wildlife resource document completed by the person who
killed the turkey must accompany a part of the turkey if at any
time before the turkey reaches a final destination the part of
the turkey no longer accompanies the tagged turkey and is
possessed by the person who killed the turkey or is given to,
left with, or possessed by another person, including a
taxidermist.
(d) This section does not prohibit a person before delivering a
wild turkey to a final destination from preparing part of the
turkey immediately before cooking and consuming the part.
Added by Acts 1977, 65th Leg., p. 613, ch. 223, Sec. 4, eff.
Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 38, Sec. 2,
eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 30, eff.
Sept. 1, 1997.
Sec. 42.019. POSSESSION OF CERTAIN PARTS OF ANTELOPE. (a)
Except as provided by Subsection (c), no person may possess the
carcass of an antelope before it has been finally processed at a
final destination unless there is attached to the carcass an
antelope permit provided by the department that is executed
legibly, accurately, and completely by the person who killed the
antelope.
(b) If the antelope's head is severed from the carcass, the
properly executed permit must remain with the carcass.
(c) A wildlife resource document completed by the person who
killed the antelope must accompany the head or other part of the
antelope not accompanied by a permit if at any time before the
carcass is finally processed the head or other part of the
antelope no longer accompanies the carcass. If a portion of the
carcass is divided among persons and separated and the person who
killed the antelope retains a portion of the carcass, that person
shall retain the permit with the portion of the carcass retained
by that person. A wildlife resource document shall be retained
with the head of an antelope that is not kept with the carcass
until the head is delivered to the owner after taxidermy or, if
not treated by a taxidermist, until delivered to a final
destination.
(d) Final processing for an antelope carcass may occur only at a
final destination.
(e) This section does not prohibit a person before delivering an
antelope carcass to a final destination from removing and
preparing a part of the antelope if the removal and preparation
occur immediately before the part is cooked and consumed.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 31, eff.
Sept. 1, 1997.
Sec. 42.020. BIRD OR ANIMAL TAGS: PROHIBITED ACTS. (a) No
person may purchase or use more bird or animal tags during a
license year than the number and type authorized for the year by
the commission, excluding duplicate licenses issued under Section
42.017 of this code.
(b) No person may:
(1) use the same bird or animal tag on more than one bird or
animal;
(2) use a bird or animal tag issued in the name of another;
(3) use a tag on a bird or animal for which another tag is
specifically required;
(4) kill a bird or animal required to be tagged and fail to
immediately attach a properly executed tag to the carcass; or
(5) hunt a bird or animal that requires a tag without having in
his immediate possession the tag required to be attached to the
carcass of the bird or animal being hunted.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 613, ch. 223, Sec. 5,
eff. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
18, eff. Sept. 1, 1985.
Sec. 42.021. BAG LIMITS AND SEASON NOT AFFECTED. The provisions
of this chapter do not authorize any person to exceed any bag
limit or to hunt deer or turkey during a closed season, and the
attachment of deer or turkey tags as provided by this chapter is
not prima facie evidence that the deer or turkey was lawfully
killed.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 613, ch. 223, Sec. 6,
eff. Sept. 1, 1977.
Sec. 42.022. ONE LICENSE FOR EACH YEAR. (a) No person may
acquire or possess more than one hunting license during a license
year. For purposes of this section, a violation does not occur
unless a person acquires or possesses more than one license
having the same expiration date.
(b) This section does not apply to the acquisition and
possession of a duplicate hunting license acquired as provided in
this chapter.
(c) This section does not apply to the acquisition and
possession by a nonresident of more than one nonresident hunting
license if the nonresident does not acquire or possess during a
license year:
(1) more than one nonresident:
(A) general hunting license; or
(B) spring turkey hunting license; or
(2) both a nonresident general hunting license and a nonresident
spring turkey hunting license.
(d) For purposes of this section, a license year begins on
September 1 or another date set by the commission and extends
through August 31 of the next year or another date set by the
commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 317, ch. 150, Sec. 4,
eff. Aug. 29, 1977; Acts 1987, 70th Leg., ch. 609, Sec. 5, eff.
Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 635, Sec. 3, eff. Sept.
1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 16, eff. June 16,
1995.
Sec. 42.023. HUNTING UNDER LICENSE OF ANOTHER. No person may
hunt under a license issued to another or permit another to hunt
under a license issued to him.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 42.024. EXHIBITING LICENSE. (a) No person required by the
provisions of this chapter to have a hunting license may fail or
refuse to show the license to an officer on demand.
(b) If on or before the trial of any person charged with a
violation of this section, the person produces for the court or
the prosecuting attorney the proper hunting license issued to the
person and valid at the time of the offense, the court having
jurisdiction of the suit shall dismiss the charge.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1979, 66th Leg., p. 810, ch. 368, Sec. 1,
eff. Aug. 27, 1979.
Sec. 42.025. PENALTY. A person who violates any 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. 15,
eff. Sept. 1, 1985.