CHAPTER 43. SPECIAL LICENSES AND PERMITS
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE A. HUNTING AND FISHING LICENSES
CHAPTER 43. SPECIAL LICENSES AND PERMITS
SUBCHAPTER C. PERMITS FOR SCIENTIFIC RESEARCH, ZOOLOGICAL
COLLECTION, REHABILITATION, AND EDUCATIONAL DISPLAY
Sec. 43.021. PROTECTED WILDLIFE. In this subchapter, "protected
wildlife" means all indigenous mammals, indigenous birds,
indigenous reptiles, indigenous amphibians, indigenous fish, and
other indigenous aquatic life the taking, collecting, holding,
possession, propagation, release, display, or transport of which
is governed by a provision of this code other than this
subchapter or by a commission rule adopted under any provision of
this code other than this subchapter and includes endangered
species.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1995, 74th Leg., ch. 927, Sec. 2, eff. Dec.
1, 1995.
Sec. 43.022. PERMIT REQUIREMENT. (a) No person may collect,
hold, possess, display, transport, release, or propagate
protected wildlife for the purposes of this subchapter without a
permit issued under this subchapter.
(b) A permit under this subchapter is not required for an
activity that may be lawfully conducted under the authority of
another license or permit issued under this code or in accordance
with another provision of this code.
(c) No other license is required for an activity conducted under
the authority of a permit issued under this subchapter.
(d) A permit under this subchapter is not required to hold,
transport, propagate, or display a marine mammal held under the
authority of the federal Marine Mammal Protection Act (16 U.S.C.
Section 1361 et seq.) unless the marine mammal is:
(1) a marine mammal for which the department has been delegated
management authority under Section 1379 of the Marine Mammal
Protection Act (16 U.S.C. Section 1379); or
(2) a marine mammal listed under the federal Endangered Species
Act (16 U.S.C. Section 1531 et seq.).
(e) The department may issue a permit to a qualified person to
collect, hold, possess, display, transport, release, or propagate
protected wildlife for scientific research, educational display,
zoological collection, or rehabilitation. A permit may not be
issued to propagate protected wildlife for rehabilitation or
educational display.
(f) The commission shall adopt rules to govern the collecting,
holding, possession, propagation, release, display, or transport
of protected wildlife for scientific research, educational
display, zoological collection, or rehabilitation.
(g) The commission by rule may set fees for review of permit
applications, inspections, transportation and boarding of seized
animals, laboratory analysis, or other department actions
necessary for implementation of this subchapter.
(h) The commission by rule may exempt certain categories of
activities from the permitting and fee requirements of or
established under this subchapter if those activities are
determined to provide a public benefit and do not adversely
affect a protected wildlife resource.
(i) A permit authorized by this subchapter may be issued by the
director or the director's designee.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 2, eff.
Sept. 1, 1991; Acts 1995, 74th Leg., ch. 927, Sec. 3, eff. Dec.
1, 1995.
Sec. 43.024. DISPOSITION OF PROTECTED WILDLIFE. (a) All
protected wildlife collected and subsequently held under this
subchapter or rules adopted under this subchapter remain the
property of the state and shall be relinquished to the department
or an agent of the department on demand or otherwise disposed of
in a manner prescribed by the department.
(b) No permit may be issued for the taking or transportation of
any endangered fish or wildlife the possession, taking, or
transportation of which is prohibited by federal law.
(c) A permit issued for the taking of migratory birds is not
valid unless the applicant has obtained a federal permit for the
taking of migratory birds.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 3, eff.
Sept. 1, 1991; Acts 1995, 74th Leg., ch. 927, Sec. 4, eff. Dec.
1, 1995.
Sec. 43.028. CIVIL SUIT; INJUNCTIVE RELIEF; COSTS. (a) The
department, on the approval of the director or commission, may
authorize the filing and prosecution of a civil suit to enforce
this subchapter or a rule adopted under this subchapter.
(b) On finding of a violation of this subchapter or a rule
adopted under this subchapter, a court may assess a civil penalty
in addition to providing injunctive relief. The penalty may not
exceed $1,000 for each violation. Each day of violation is a
separate offense. A civil suit filed under this subchapter is not
a bar to any criminal or administrative action.
(c) On entry of a judgment in favor of the department, the court
may award attorney's fees and court costs to the state.
Added by Acts 1995, 74th Leg., ch. 927, Sec. 5, eff. Dec. 1,
1995.
Sec. 43.030. PENALTY. A person who violates Section 43.022, a
commission rule, or the conditions of a permit issued under this
subchapter 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. 18,
eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 927, Sec. 6, eff.
Dec. 1, 1995.
SUBCHAPTER D. HUNTING LEASE LICENSES
Sec. 43.041. DEFINITIONS. In this subchapter:
(1) "Hunting cooperative" means a cooperative enterprise in
which participating landowners pool their acreage and lease it
for hunting purposes under the authority of a hunting lease
license and in which the leasing profits are distributed to the
landowners according to the landowners' participation.
(2) "Hunting lease" means the aggregate amount of land owned by
one individual, partnership, firm, or corporation or the
aggregate amount of land in a hunting cooperative in a county and
leased for hunting purposes. If an individual, partnership, firm,
or corporation owns a single tract of land, or if a hunting
cooperative has land, located partially in one county and
partially in another county, the individual, partnership, firm,
or corporation or the hunting cooperative may not be required to
have a separate hunting lease license for that portion of the
land located in the second county, unless the individual,
partnership, firm, or corporation, or a landowner participating
in the hunting cooperative, owns other land leased for hunting
purposes in the second county. If an individual, partnership,
firm, or corporation owns a single tract of land, or if a hunting
cooperative has land, located partially in one county and
partially in another county and the individual, partnership,
firm, or corporation or the hunting cooperative is not required
to have two licenses, the aggregate acreage of the tract shall be
used for determining the amount of the license fee required by
this subchapter.
(3) "Licensee" means:
(A) a person who owns the land, or manages a hunting cooperative
that has land, on which a hunting lease is located; or
(B) an individual listed on the license application as the
landowner's agent who holds a hunting lease license.
(4) "Guest" means a person, other than a licensee, who hunts or
takes an animal or bird on a hunting lease.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3,
eff. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 267, art. 3, Sec.
19, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 512, Sec. 1,
eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 856, Sec. 1, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, Sec. 15.02, eff.
Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 805, Sec. 1, eff. Sept.
1, 1991.
Sec. 43.042. LICENSE REQUIRED. (a) The owner of a hunting
lease or the landowner's agent may not receive as a guest for pay
or other consideration another person engaged in hunting unless
the owner or agent has acquired a hunting lease license from the
department.
(b) The license shall be displayed on the hunting lease.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3,
eff. Sept. 1, 1975; Acts 1989, 71st Leg., ch. 512, Sec. 1, eff.
Sept. 1, 1989.
Sec. 43.043. ISSUANCE OF LICENSE. The department may issue a
hunting lease license only in the name of the owner of a hunting
lease or the name of the landowner's agent.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3,
eff. Sept. 1, 1975; Acts 1989, 71st Leg., ch. 512, Sec. 1, eff.
Sept. 1, 1989.
Sec. 43.0431. APPLICATION FOR LICENSE. (a) The department may
require an application for a license and may prescribe the form
and content of the application.
(b) A written agreement containing the name, signature, address,
and number of acres for each participating landowner included in
a hunting cooperative must be attached to the application for a
hunting lease license for a hunting lease that is a hunting
cooperative.
Added by Acts 1989, 71st Leg., ch. 512, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 805, Sec. 2, eff.
Sept. 1, 1991.
Sec. 43.0432. WILDLIFE MANAGEMENT ASSOCIATION AREA HUNTING LEASE
LICENSES. (a) The owner of a tract of land included in a
wildlife management association area under Section 81.301 of this
code may apply for a wildlife management association area hunting
lease license for that tract of land.
(b) A wildlife management association area hunting lease license
applies only to the tract of land for which it is issued.
(c) Except as inconsistent with this section, this subchapter
applies to a wildlife management association area hunting lease
license in the same manner that it applies to a hunting lease
license.
Added by Acts 1993, 73rd Leg., ch. 418, Sec. 1, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 635, Sec. 4, eff. Sept. 1, 1993.
Sec. 43.044. LICENSE FEES. (a) The fees for hunting lease
licenses, other than hunting leases that are hunting
cooperatives, are determined by the following schedule or
determined by the commission, whichever amount is more:
(1) $15 if the area of the hunting lease is less than 500 acres;
(2) $40 if the area of the hunting lease is 500 acres or more
but less than 1,000 acres; and
(3) $60 if the area of the hunting lease is 1,000 acres or more.
(b) The fee for a license for a hunting lease that is a hunting
cooperative is as follows:
(1) $60 + $5 per participating landowner if the area of the
hunting lease is less than 10,000 acres;
(2) $120 + $5 per participating landowner if the area of the
hunting lease is between 10,000 and 50,000 acres; and
(3) $240 + $5 per participating landowner if the area of the
hunting lease is over 50,000 acres.
(c) The fee for a wildlife management association area hunting
lease license is:
(1) $30 + $5 per participating landowner if the area of the
wildlife management association is less than 10,000 acres;
(2) $60 + $5 per participating landowner if the area of the
wildlife management association is between 10,000 and 50,000
acres; and
(3) $120 + $5 per participating landowner if the area of the
wildlife management association is over 50,000 acres.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3,
eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 1329, ch. 277, Sec.
12, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2,
Sec. 22, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 512, Sec.
1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 856, Sec. 2,
eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, Sec. 15.03,
eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 805, Sec. 3 eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 418, Sec. 2, eff. Sept.
1, 1993; Acts 1993, 73rd Leg., ch. 635, Sec. 5, eff. Sept. 1,
1993.
Sec. 43.045. DURATION OF LICENSE. A hunting lease license is
valid for the period from September 1 or another date set by the
commission through August 31 of the next 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 subchapter and provide for a
license term for a transition period that is shorter or longer
than a year.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3,
eff. Sept. 1, 1975; Acts 1989, 71st Leg., ch. 512, Sec. 1, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 931, Sec. 20, eff. June
16, 1995.
Sec. 43.055. PENALTY. A person who violates any provision of
this subchapter or who fails to comply with any provision of this
subchapter 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. Renumbered from Sec. 43.057 and amended by Acts 1975, 64th
Leg., p. 1204, ch. 456, Sec. 3, eff. Sept. 1, 1975. Amended by
Acts 1977, 65th Leg., p. 813, ch. 303, Sec. 2, eff. Aug. 29,
1977; Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 21, eff. Sept.
1, 1985; Acts 1989, 71st Leg., ch. 512, Sec. 1, eff. Sept. 1,
1989.
SUBCHAPTER E. PERMITS FOR TRAPPING, TRANSPORTING, AND
TRANSPLANTING GAME ANIMALS AND GAME BIRDS
Sec. 43.061. TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME
ANIMALS AND GAME BIRDS; PERMIT REQUIRED. (a) No person may
capture, transport, or transplant any game animal or game bird
from the wild in this state unless that person has obtained a
permit to trap, transport, and transplant from the department.
(b) The department may issue permits for trapping, transporting,
and transplanting game animals or game birds from the wild to
allow adjustments in game populations for better wildlife
management. The permits may be issued only if recommended by
separate wildlife stocking plans approved by the department for
both the origin and the destination of the game animals or game
birds.
(c) The state is not liable for and may not incur any expense
for the trapping, transporting, and transplanting of game animals
and game birds under a permit issued under this section.
(d) A person receiving a permit under this section commits an
offense if that person does not comply with the conditions listed
on the permit, including conditions designed to minimize stress
and maximize the humane treatment of trapped or transplanted
animals and to minimize human health and safety risks.
(e) This section does not apply to any game animals or game
birds that are possessed or propagated under a license or permit
issued for that activity under another section of this code or to
an activity conducted under a permit issued under Section
43.0611.
(f) The commission by rule may set fees for review of permit
applications or other department actions necessary to implement
this section. If the permit authorizes the applicant to trap,
transport, and transplant squirrels that are causing damage to
personal property, the applicant is exempt from the payment of
the fee.
(g) The commission shall adopt rules for the content of wildlife
stocking plans, certification of wildlife trappers, and the
trapping, transporting, and transplanting of game animals and
game birds under this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1995, 74th Leg., ch. 927, Sec. 8, eff. Dec.
1, 1995.
Sec. 43.0611. URBAN WHITE-TAILED DEER REMOVAL; PERMIT REQUIRED.
(a) The department may issue to an individual an urban
white-tailed deer removal permit for the trapping, transporting,
and transplanting of white-tailed deer if the individual shows to
the department's satisfaction that:
(1) there is an overpopulation of the deer in an area where deer
hunting is inadequate, because of human health or safety
concerns, for maintaining a balanced population of deer;
(2) the deer will be removed and transplanted to an area of
adaptable natural habitat capable of sustaining the additional
deer without exceeding the capacity of the habitat; and
(3) the deer will be subject to lawful hunting after the
relocation.
(b) The state is not liable for and may not incur any expense
for the trapping, transporting, and transplanting of white-tailed
deer under a permit issued under this section.
(c) The commission by rule may set fees for review of permit
applications or other department actions necessary to implement
this section. If the permit authorizes the applicant to remove
white-tailed deer only from property owned by a political
subdivision or institution of higher education of this state, the
applicant is exempt from the payment of the fee.
(d) A person holding a permit issued under this section commits
an offense if that person does not comply with conditions listed
on the permit, including conditions designed to minimize stress
and maximize the humane treatment of trapped or transplanted
animals and that minimize human health and safety risks.
(e) The department may establish times when only department
staff may trap, transport, or transplant deer under this section.
(f) Permits issued under this section do not entitle a person to
take, trap, or possess white-tailed deer on any privately owned
land without the landowner's written permission.
(g) The commission shall adopt rules for fees, applications, and
activities, including limitations on the times of the activities,
relating to permits for trapping, transporting, or transplanting
white-tailed deer.
Added by Acts 1995, 74th Leg., ch. 927, Sec. 9, eff. Dec. 1,
1995.
Sec. 43.0612. TRAPPING AND TRANSPORTING SURPLUS WHITE-TAILED
DEER; PERMIT REQUIRED. (a) In this section, "property owners'
association" has the meaning assigned by Section 202.001,
Property Code.
(b) The department may issue to a political subdivision or a
property owners' association a permit authorizing the trapping
and transporting of surplus white-tailed deer found within the
boundaries of the political subdivision or the geographic area in
which property subject to the property owners' association is
located.
(c) Not later than the 30th day before the date of the first
planned trapping and transporting of white-tailed deer, a
political subdivision or a property owners' association shall
file with the department an application showing that an
overpopulation of white-tailed deer exists within the political
subdivision or the geographic area in which property subject to
the property owners' association is located. If the department
issues a permit to a requesting political subdivision or property
owners' association the permit shall contain specific
instructions detailing the location to which the trapped
white-tailed deer are to be transported or transplanted.
(d) After receipt of an application, the department may issue to
the political subdivision or property owners' association a
permit specifying:
(1) the location to which trapped white-tailed deer must be
transported; and
(2) the purpose for which the trapped deer are to be used.
(e) The department may deny a political subdivision or a
property owners' association a permit if no suitable destination
for the trapped white-tailed deer exists.
(f) A political subdivision or property owners' association
trapping and transporting white-tailed deer under this section
must make reasonable efforts to ensure:
(1) safe and humane handling of trapped white-tailed deer; and
(2) minimization of human health and safety hazards in every
phase of the trapping and transporting of white-tailed deer.
(g) A permit issued under this section may authorize a political
subdivision or a property owners' association to trap and
transport white-tailed deer only between October 1 of a year and
March 31 of the following year, unless white-tailed deer found in
the political subdivision or in the geographic area in which
property subject to the property owners' association is located
pose a threat to human health or safety, in which case the
provision of Subsection (e) does not apply and a permit may
authorize the political subdivision or property owners'
association to trap and transport white-tailed deer at any time
of the year.
(h) A permit issued under this section does not entitle a person
to take, trap, or possess white-tailed deer found on any
privately owned land without the landowner's written permission.
(i) The state is not liable for and may not incur any expense
for the trapping and transporting of white-tailed deer under a
permit issued under this section.
(j) The department may not charge a fee for a white-tailed deer
trapping and transporting permit issued under this section.
(k) The commission may adopt rules necessary for the
implementation of this chapter, including rules which enhance the
opportunity to relocate overpopulation of urban deer and relating
to required notification, record-keeping, permit conditions, and
the disposition of trapped white-tailed deer.
Added by Acts 2003, 78th Leg., ch. 1241, Sec. 1, eff. Sept. 1,
2003.
Sec. 43.062. PENALTY. A person who violates any provision of
this subchapter or the terms of a permit issued under this
subchapter commits an offense that is a Class B Parks and
Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 22, eff.
Sept. 1, 1985.
SUBCHAPTER F. PRIVATE BIRD HUNTING AREAS
Sec. 43.071. DEFINITIONS. In this subchapter:
(1) "Private bird hunting area" means a tract of land on which
the hunting or taking of pen-reared birds is authorized under
this subchapter.
(2) "Licensee" means a person who holds a private bird hunting
area license.
(3) "Guest" means a person other than a licensee who hunts or
takes birds on a private bird hunting area.
(4) "Field trial" means the hunting of banded pen-reared birds
in a formal trial of bird dogs that has been licensed or
sanctioned by an organization or association of bird dog clubs,
with or without the awarding of points.
(5) "Pen-reared birds" means bobwhite quail, pheasant, pigeons,
partridge, and mallard ducks propagated or acquired under Chapter
45 of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff.
Sept. 1, 1989; Acts 1990, 71st Leg., 6th C.S., ch. 22, Sec. 1,
eff. Nov. 1, 1990.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
952, Sec. 11, eff. September 1, 2009.
Sec. 43.072. APPLICATION FOR LICENSE. (a) Any person may apply
to the department for a private bird hunting area license.
(b) The application for a private bird hunting area license must
be on a form supplied by the department and must include:
(1) the name and address of the applicant;
(2) the total number of contiguous acres to be licensed;
(3) the name and general location of the property; and
(4) the species of pen-reared birds to be hunted.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1330, ch. 277, Sec. 13,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
23, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 512, Sec. 2,
eff. Sept. 1, 1989.
Sec. 43.0721. LICENSE REQUIRED. (a) No person may release
banded pen-reared birds under this subchapter unless the person
holds a valid private bird hunting area license.
(b) The license must be displayed on the private bird hunting
area.
(c) A person is not required to hold a hunting lease license
issued under Subchapter D to hunt banded pen-reared birds
released under the authority of this subchapter.
Added by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 171, Sec. 1, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1256, Sec. 32, eff.
Sept. 1, 1997.
Sec. 43.0722. ISSUANCE OF LICENSE; FEE; VALIDITY. (a) The
department may issue a license for a private bird hunting area
under this subchapter.
(b) The license shall be issued in the name of a person.
(c) The fee for a private bird hunting area license is $60 or an
amount set by the commission, whichever amount is more.
(d) The department may not issue more than one private bird
hunting area license for a single tract of land.
(e) A private bird hunting area license is valid only for the
tract of land for which it is issued.
(f) The private bird hunting area license is valid from
September 1 or another date set by the commission through August
31 of the next 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 subchapter and provide for a license term for
a transition period that is shorter or longer than a year.
Added by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff. Sept. 1,
1989. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 22, eff.
June 16, 1995.
Sec. 43.073. AREA LIMITATIONS AND MARKINGS. (a) A private bird
hunting area must consist of contiguous acreage owned by an
individual, partnership, firm, or corporation.
(b) A private bird hunting area shall be distinguished from any
other club, hunting lease, or other leased premises for hunting
purposes by clearly marking its boundaries with wood, plastic, or
metal signs bearing the words, "Private Bird Hunting Area," and
the identification number. The lettering and identification
number on these signs must be in block letters and arabic numbers
not less than three inches high, and must be in a color that
contrasts with the background.
(c) Signs must be placed at each entrance to a private bird
hunting area to identify clearly the boundaries of each licensed
area.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff.
Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch.
992, Sec. 8, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch.
992, Sec. 9, eff. June 18, 2005.
Sec. 43.074. TAKING OF PEN-REARED BIRDS AUTHORIZED. (a) A
licensee or a guest may take banded pen-reared birds on a
licensed private bird hunting area during the private bird
hunting area season.
(b) The private bird hunting area season begins each September 1
and extends through the following August 31.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff.
Sept. 1, 1989.
Sec. 43.075. GAME BIRDS IN CAPTIVITY; BANDING. (a) A licensee
may hold pen-reared birds in captivity on the private bird
hunting area only for release to provide hunting.
(b) All pen-reared birds released on a private bird hunting area
shall be banded with a metal or plastic band before release.
(c) Each band must show the identification number of the
licensee.
(d) The band must remain on each bird killed until the bird is
taken to the permanent residence of the hunter, the permanent
residence of another person receiving the bird, or a cold storage
or processing facility unless the name and identification number
of the licensee has been stamped or printed on the box, wrapping,
or package containing the carcass of a bird that has been
processed and possessed, shipped, or transported without the band
attached.
(e) This subchapter may not be construed to exempt the holder of
a private bird hunting area license from the requirement of a
commercial game bird breeder's license if the pen-reared birds
are propagated on the licensed area.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff.
Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1256, Sec. 33, eff.
Sept. 1, 1997.
Sec. 43.076. LICENSE FORM. A private bird hunting area license
must be on a form prescribed by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff.
Sept. 1, 1989.
Sec. 43.0762. REGULATIONS. The commission may adopt regulations
necessary to administer this subchapter, including any provision,
limitation, or prohibition necessary to manage and protect game
birds occurring naturally in the wild.
Added by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff. Sept. 1,
1989.
Sec. 43.0763. APPLICATION FOR FIELD TRIAL PERMIT. (a) Any
person, including a licensee, may apply to the department for a
field trial permit.
(b) The application must be on a form prescribed by the
department and must contain the following information:
(1) name and address of the applicant;
(2) name, address, and identification number of the licensee for
the private bird hunting area at which the field trial is to be
held;
(3) the species of birds to be used in the field trial; and
(4) the name of the association or organization of bird dog
clubs licensing or sanctioning the field trial.
(c) Repealed by Acts 1991, 72nd Leg., ch. 171, Sec. 2, eff.
Sept. 1, 1991.
Added by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 171, Sec. 2, eff.
Sept. 1, 1991.
Sec. 43.0764. FIELD TRIAL PERMIT; FEE; VALIDITY. (a) No
person, club, or organization may hold a field trial unless that
person, club, or organization has in its immediate possession a
valid field trial permit issued by the department.
(b) The fee for a field trial permit is $50 or an amount set by
the commission, whichever amount is more.
(c) A field trial permit shall be issued in the name of an
individual.
(d) A field trial permit is valid for a period of nine
consecutive days.
(e) A field trial permit is not valid for a tract of land or
premises that is not licensed as a private bird hunting area.
Added by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff. Sept. 1,
1989.
Sec. 43.077. PENALTY. A person who violates any provision of
this subchapter or a regulation of the commission under this
subchapter 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. 23,
eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 512, Sec. 2, eff.
Sept. 1, 1989.
Sec. 43.078. HUNTING LICENSE REQUIRED. (a) Except as provided
by Subsection (b) of this section, this subchapter does not
authorize any person to hunt pen-reared birds on a licensed
private bird hunting area without having in the person's
immediate possession a hunting license required by Chapter 42 of
this code.
(b) A person registered to participate in a field trial held
under a field trial permit issued by the department is exempt,
for the field trial, from the hunting license requirements of
Chapter 42 of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff.
Sept. 1, 1989.
SUBCHAPTER G. PERMITS TO MANAGE WILDLIFE AND EXOTIC ANIMALS FROM
AIRCRAFT
Sec. 43.101. APPLICABILITY OF SUBCHAPTER. This subchapter and a
proclamation or regulation of the commission adopted under this
subchapter apply to all counties of the state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1975, 64th Leg., p. 1222, ch. 456, Sec. 23,
eff. Sept. 1, 1975; Acts 1977, 65th Leg., p. 568, ch. 202, Sec.
1, eff. May 20, 1977; Acts 1979, 66th Leg., p. 255, ch. 133, Sec.
1, eff. May 9, 1979; Acts 1979, 66th Leg., p. 784, ch. 346, Sec.
1, eff. June 6, 1979; Acts 1981, 67th Leg., p. 936, ch. 351, Sec.
1, eff. June 10, 1981; Acts 1983, 68th Leg., p. 4706, ch. 819,
Sec. 1, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 730, Sec.
1, eff. Aug. 26, 1985; Acts 1989, 71st Leg., ch. 545, Sec. 1,
eff. Sept. 1, 1989.
Sec. 43.102. PERMIT AUTHORIZED. Under Public Law 92-159,
Section (b)(1) (85 Stat. 480, 16 U.S.C. 742j-1), the department
may issue permits for the management of wildlife and exotic
animals by the use of aircraft in this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 2, eff. Sept.
1, 1995.
Sec. 43.103. DEFINITIONS. In this subchapter:
(1) "Aircraft" means a mechanical or other device used for
flight in the air.
(2) "Depredating animals" means bobcats, feral hogs, red foxes,
coyotes, and crossbreeds between coyotes and dogs but does not
include birds or fowl.
(3) "Exotic animals" includes exotic livestock and exotic fowl
as defined by Section 161.001(a), Agriculture Code, wild animals
that are nonindigenous to Texas, aoudad sheep, and elk.
(4) "Harass" means to disturb, worry, molest, harry, torment,
rally, concentrate, drive, or herd.
(5) "Management by the use of aircraft" means counting,
photographing, relocating, capturing, or hunting by the use of
aircraft.
(6) "Wildlife" means any vertebrate species or their hybrids
that normally live in a state of nature and are not ordinarily
domesticated. This definition includes depredating animals.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.
Sept. 1, 1989; Acts 1990, 71st Leg., 6th C.S., ch. 22, Sec. 2,
eff. Nov. 1, 1990. Amended by Acts 1991, 72nd Leg., ch. 424, Sec.
1, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 969, Sec. 3,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 863, Sec. 2, eff.
Sept. 1, 1997.
Sec. 43.104. GROUNDS TO ISSUE PERMIT. The department may issue
a permit to any person if the department finds that management of
wildlife or exotic animals by the use of aircraft is necessary to
protect or to aid in the administration or protection of land,
water, wildlife, livestock, domesticated animals, human life, or
crops and will not have a deleterious effect on indigenous
species.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 4, eff. Sept.
1, 1995.
Sec. 43.105. APPLICATION FOR PERMIT. (a) An applicant for a
permit under this subchapter shall file with the application one
or more affidavits, containing facts as well as opinion, as to
why the permit should be issued for the management of wildlife or
exotic animals by the use of aircraft.
(b) A permit holder under this subchapter must submit a
landowner's authorization to manage wildlife or exotic animals to
the department identifying the land to be managed and stating the
kind and number of wildlife or exotic animals to be managed. The
landowner's authorization may be submitted by a group of
landowners or by an association on behalf of such landowners.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 5, eff. Sept.
1, 1995.
Sec. 43.106. FORM AND PERIOD OF VALIDITY OF PERMIT; RENEWAL.
(a) The department shall prescribe the form and manner of
issuance of, and periods of validity and renewal dates for,
permits and landowner's authorizations authorized by this
subchapter.
(b) A landowner agreement application to manage wildlife or
exotic animals may be approved by the department for the time
period required to complete the management activity but not for
less than one year.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 6, eff. Sept.
1, 1995.
Sec. 43.107. REPORTS REQUIRED. (a) The holder of a permit
under this subchapter shall report to the department in the time
and manner required by commission proclamation.
(b) An offense under this section may be prosecuted in the
county in which the defendant resides or in the county where the
offense took place.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 7, eff. Sept.
1, 1995.
Sec. 43.108. REPORTS BY DEPARTMENT. The department shall report
annually to the Secretary of the Interior of the United States as
required by federal law.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.
Sept. 1, 1989.
Sec. 43.109. REGULATIONS. (a) The commission may make
regulations governing management of wildlife or exotic animals by
the use of aircraft under this subchapter.
(b) A proclamation or regulation of the commission adopted under
this subchapter may:
(1) prescribe forms and procedures for permit applications;
(2) establish procedures for the management of wildlife or
exotic animals by the use of aircraft;
(3) limit the time and the place for which a permit is valid;
(4) prohibit acts; and
(5) require, limit, or prohibit any activity as necessary to
implement this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 8, eff. Sept.
1, 1995.
Sec. 43.1095. PROHIBITED ACTS. (a) For purposes of this
subchapter, a person commits an offense if that person:
(1) hunts or kills, or attempts to hunt or kill, from an
aircraft any animal or bird that is not specifically authorized
by a permit issued under this subchapter;
(2) uses an aircraft to manage wildlife or exotic animals
without first obtaining and having in the person's immediate
possession a permit and a landowner's authorization for the
management of wildlife or exotic animals by the use of aircraft;
or
(3) uses an aircraft to harass wildlife, exotic animals, or any
other animal or bird.
(b) It is a defense to prosecution for harassment of wildlife or
exotic animals under this section if the person is engaged in the
activity of counting, photographing, relocating, capturing, or
hunting wildlife or exotic animals under the authority of a
permit under this subchapter.
(c) Nothing in this chapter authorizes a person to hunt any
animal or bird from an aircraft for sport.
Added by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1995, 74th Leg., ch. 969, Sec. 9, eff.
Sept. 1, 1995.
Sec. 43.110. PERMIT FEE. The commission shall set a fee for a
permit that authorizes the management of wildlife or exotic
animals by the use of aircraft.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 10, eff. Sept.
1, 1995.
Sec. 43.111. PENALTY. (a) Except as otherwise provided by this
section, a person who violates any provision of this subchapter
or a proclamation or regulation adopted under this subchapter
commits an offense that is a Class A Parks and Wildlife Code
misdemeanor.
(b) A person who violates Section 43.107 commits an offense that
is a Class C Parks and Wildlife Code misdemeanor.
(c) If it is shown at the trial of the defendant for a violation
of this subchapter or a proclamation or regulation adopted under
this subchapter that the defendant has been convicted of a Class
A Parks and Wildlife Code misdemeanor violation of this
subchapter within 10 years preceding the trial date, on
conviction the defendant shall be punished for a Parks and
Wildlife Code felony. This subsection does not apply if the
previous conviction was for a violation of Section 43.107.
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. 24,
eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 11, eff. Sept.
1, 1995.
SUBCHAPTER H. PERMITS TO CONTROL WILDLIFE PROTECTED BY THIS CODE
Sec. 43.151. THREATS TO PUBLIC SAFETY OR DAMAGE BY WILDLIFE. A
person who has evidence clearly showing that wildlife protected
by this code is causing serious damage to commercial
agricultural, horticultural, or aquicultural interests, or is a
threat to public safety, and who desires to kill the protected
wildlife shall give written notice of the facts to the
department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1987, 70th Leg., ch. 610, Sec. 1, eff.
Sept. 1, 1987; Acts 2001, 77th Leg., ch. 968, Sec. 38, eff. Sept.
1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
251, Sec. 1, eff. May 29, 2009.
Sec. 43.1515. RULES. The commission may adopt rules to
implement this subchapter, including rules governing:
(1) reports that must be submitted to the department by a person
who holds a permit issued by the department under this
subchapter;
(2) the reinstatement of a canceled permit and a fee for the
reinstatement;
(3) the possession of wildlife resources taken or held under
this subchapter;
(4) the circumstances required to qualify for a permit; and
(5) the electronic issuance of permits.
Added by Acts 2009, 81st Leg., R.S., Ch.
251, Sec. 2, eff. May 29, 2009.
Sec. 43.152. DEPARTMENT INSPECTION. (a) On receiving notice
from a person under Section 43.151, the department may inspect
the property and determine if damage or a threat to public safety
is occurring as alleged in the notice.
(b) If the notice received by the department under Section
43.151 alleges damage or a threat to public safety caused by mule
deer, pronghorn antelope, or desert bighorn sheep, the department
may not issue a permit under Section 43.154 unless the department
inspects the property and determines whether serious damage or a
threat to public safety is occurring.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1987, 70th Leg., ch. 610, Sec. 1, eff.
Sept. 1, 1987; Acts 2001, 77th Leg., ch. 968, Sec. 39, eff. Sept.
1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
251, Sec. 3, eff. May 29, 2009.
Sec. 43.153. APPLICATION FOR PERMIT. (a) A person who has
evidence of damage by depredation or threat to public safety may
file with the department an application for a permit to kill the
protected wildlife.
(b) The application must be in writing, be sworn to by the
applicant, and contain:
(1) a statement of facts relating to the damage or threat; and
(2) an agreement by the applicant to comply with the provisions
of this subchapter and any rules adopted by the commission under
this subchapter.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 251, Sec. 10,
eff. May 29, 2009.
(d) The application must be accompanied by a permit application
fee of $50 or an amount set by the commission, whichever amount
is more. Proceeds from the fee shall be deposited in the special
game, fish, and water safety account.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1987, 70th Leg., ch. 610, Sec. 1, eff.
Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
251, Sec. 4, eff. May 29, 2009.
Acts 2009, 81st Leg., R.S., Ch.
251, Sec. 10, eff. May 29, 2009.
Sec. 43.154. PERMIT. (a) On receipt of an application, the
department may issue a permit for the killing of wildlife without
regard to the closed season, bag limit, or means and methods. As
soon as practicable, but not later than the 10th business day
after the date the department receives an application, the
department shall approve or deny the application and, if the
application is approved, issue the permit.
(a-1) The department may not issue a permit under this section
for the killing of mule deer, pronghorn antelope, or desert
bighorn sheep unless:
(1) the department has inspected the property and has verified
that serious damage or a threat to public safety as described in
the notice under Section 43.151 is occurring;
(2) the department has made recommendations to the applicant
regarding ways to minimize the damage or threat; and
(3) the applicant has made a reasonable effort to comply with
the recommendations made by the department under this section.
(b) The department shall deliver or mail the permit, if issued,
to the person requesting the permit or to the regional or local
office of the department for pickup by the person. The
department may issue the permit electronically.
(c) A permit must specify:
(1) the period of time during which it is valid;
(2) the area in which it applies;
(3) the kind and number of wildlife authorized to be killed; and
(4) the persons permitted to kill the noxious wildlife.
(d) No state permit is required to authorize a person to kill
migratory birds protected by the Federal Migratory Bird Treaty
Act if the person has obtained a permit authorizing that activity
from the United States Department of the Interior or the United
States Department of Agriculture.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1987, 70th Leg., ch. 610, Sec. 1, eff.
Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1256, Sec. 34, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 968, Sec. 40, eff. Sept.
1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
251, Sec. 5, eff. May 29, 2009.
Sec. 43.155. DISPOSITION OF WILDLIFE. (a) The holder of a
permit issued under this subchapter or a person designated by
Section 43.154(c)(4) who kills wildlife under the authority of
the permit shall dispose of the carcass by donating it to a
charitable institution, a hospital, a needy person, or any other
appropriate recipient.
(b) The permit holder or a person designated under Section
43.154(c)(4) may not keep or sell any part of the wildlife taken
under this subchapter, including antlers.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1987, 70th Leg., ch. 610, Sec. 1, eff.
Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
251, Sec. 6, eff. May 29, 2009.
Sec. 43.156. CANCELLATION OF PERMIT. The department may cancel
a permit if:
(1) the permit does not accomplish its intended purposes;
(2) the permit holder fails to submit a required report to the
department; or
(3) the permit holder intentionally made false claims on the
application for the permit.
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. 48,
eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 610, Sec. 1, eff.
Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
251, Sec. 7, eff. May 29, 2009.
Sec. 43.1565. REINSTATEMENT OF PERMIT. The department may
reinstate a canceled permit if the permit holder submits an
application for reinstatement in the same manner as required by
Section 43.153 for an original permit and pays a fee set by the
commission.
Added by Acts 2009, 81st Leg., R.S., Ch.
251, Sec. 8, eff. May 29, 2009.
Sec. 43.157. VIOLATIONS; PENALTY. (a) Repealed by Acts 2009,
81st Leg., R.S., Ch. 251, Sec. 10, eff. May 29, 2009.
(b) No permittee may dispose of a wildlife carcass killed under
the permit or allow the wildlife to be disposed of except as
allowed under Section 43.155 of this code.
(c) No permittee may violate a term or condition of the permit.
(d) Except as provided by Subsection (e), a person who violates
this section commits an offense that is a Class B Parks and
Wildlife Code misdemeanor.
(e) A person who violates a reporting requirement adopted under
this subchapter 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. 25,
eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 610, Sec. 1, eff.
Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
251, Sec. 9, eff. May 29, 2009.
Acts 2009, 81st Leg., R.S., Ch.
251, Sec. 10, eff. May 29, 2009.
Sec. 43.158. LANDOWNER PERMIT EXEMPTION. Nothing in this
subchapter prevents a landowner or the landowner's agent or
lessee from taking depredating feral hogs on the landowner's land
without having acquired a permit under this subchapter.
Added by Acts 2003, 78th Leg., ch. 809, Sec. 4, eff. June 20,
2003.
SUBCHAPTER I. ARCHERY STAMPS
Sec. 43.201. ARCHERY STAMP REQUIRED. (a) Except as provided by
Subsection (c) or (d), no person may hunt deer, turkey, or
javelina (collared peccary) during an open archery season
provided by law or by the proclamations of the commission and
during which season only crossbows, longbows, recurved bows, and
compound bows may be used unless the person has acquired an
archery hunting stamp issued to the person by the department.
The commission by rule may prescribe requirements relating to
possessing a stamp required by this subchapter. In a county that
does not permit hunting with a firearm, a hunter may use a
crossbow only if the hunter is a person with upper limb
disabilities and has an archery hunting stamp.
(b) The stamp shall be issued in the form and manner prescribed
by the department and, except as provided by Subsection (d), must
be signed on its face by the person using the stamp for the stamp
to be valid for hunting purposes.
(c) The commission by regulation may exempt a person from the
stamp requirement of this section.
(d) The commission by rule may prescribe alternate requirements
for identifying the purchaser of a stamp issued in an automated
manner.
(e) A stamp issued under this subchapter is valid for hunting
only during the yearly period for which the stamp is issued
without regard to the date on which the stamp is acquired. Each
yearly period 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. The commission by rule may
set the amount of a stamp fee for a stamp issued during a
transition period at an amount lower than prescribed in this
subchapter and provide for a stamp term for a transition period
that is shorter or longer than a year.
Added by Acts 1975, 64th Leg., p. 1203, ch. 456, Sec. 1, eff.
Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 838, Sec. 9,
eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 24, eff.
June 16, 1995; Acts 1997, 75th Leg., ch. 1256, Sec. 35, eff.
Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
99, Sec. 1, eff. September 1, 2009.
Sec. 43.202. FEE. The fee for an archery hunting stamp is $6 or
an amount set by the commission, whichever amount is more. The
department may issue other editions of the stamp that are not
valid for hunting at an amount set by the commission.
Acts 1975, 64th Leg., p. 1203, ch. 456, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1330, ch. 277, Sec. 14,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
24, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, Sec. 25,
eff. June 16, 1995.
Sec. 43.203. HUNTING LICENSE REQUIRED. The purchase or
possession of an archery hunting stamp does not permit a person
to hunt deer, turkey, or javelina without the license required by
Chapter 42 or by any means or methods not allowed by law.
Acts 1975, 64th Leg., p. 1203, ch. 456, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 36, eff.
Sept. 1, 1997.
Sec. 43.204. STAMP SALE RECEIPTS. The net revenue derived from
the sale of archery hunting stamps shall be sent to the
department.
Acts 1975, 64th Leg., p. 1203, ch. 456, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1979, 66th Leg., p. 548, ch. 260, art. 1,
Sec. 4, eff. Sept. 1, 1979.
Sec. 43.205. PENALTY. (a) A person who violates Section 43.201
of this code commits an offense that is a Class C Parks and
Wildlife Code misdemeanor.
(b) A person hunting a species covered by this chapter during an
open archery season who fails or refuses on the demand of any
game warden or other peace officer to exhibit an archery hunting
stamp or proof that the person is eligible for any exemptions
provided by Section 43.201(c) is presumed to be in violation of
Section 43.201 of this code.
Acts 1975, 64th Leg., p. 1203, ch. 456, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 26,
eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 838, Sec. 10, eff.
Sept. 1, 1993.
SUBCHAPTER L. DEER BREEDER'S PERMIT
Sec. 43.351. DEFINITIONS. In this subchapter:
(1) "Breeder deer" means a white-tailed deer or mule deer
legally held under a permit authorized by this subchapter.
(2) "Deer breeder" means a person holding a valid deer breeder's
permit.
(3) "Captivity" means the keeping of a breeder deer in an
enclosure suitable for and capable of retaining the breeder deer
it is designed to retain at all times under reasonable and
ordinary circumstances and to prevent entry by another deer. The
term includes the temporary keeping of a breeder deer in a
vehicle or trailer.
(4) "Deer" means a white-tailed deer or mule deer.
(5) "Durable identification tag" means a single tag not easily
dislodged or removed and made of a material that is not likely to
disintegrate or decompose. The term includes, but is not limited
to, newly developed technologies, including radio frequency
identification tags.
(6) "Immediate locality" means land that is contiguous and that
is owned by the same person. For purposes of this subdivision,
land divided or separated only by a public road or a public
waterway is contiguous.
(7) "Transfer" means any movement of breeder deer from a breeder
facility, a nursing facility, or a deer management permit
facility other than to an accredited veterinarian for medical
purposes.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff.
Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
79, Sec. 2, eff. September 1, 2007.
Sec. 43.352. PERMIT AUTHORIZED; DURATION OF PERMIT. (a) The
department shall issue a permit to a qualified person to possess
live breeder deer in captivity.
(b) The department may issue a permit under this section that is
valid for longer than one year.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff.
Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 8,
eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
79, Sec. 2, eff. September 1, 2007.
Sec. 43.353. PERMIT IS DEFENSE. In any prosecution for the
unlawful possession or transportation of white-tailed deer or
mule deer, the possession of a permit issued under this
subchapter to the accused is a complete defense if the conduct
was authorized under the terms of the permit.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff.
Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 9,
eff. Sept. 1, 1991.
Sec. 43.356. SERIAL NUMBER. The department shall issue a
serial number to a permittee when the department issues the
permittee a deer breeder's permit. The same serial number shall
be assigned to the permittee if the department issues the
permittee a subsequent deer breeder's permit.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff.
Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 12,
eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1255, Sec. 2, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1256, Sec. 38, eff.
Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
79, Sec. 2, eff. September 1, 2007.
Sec. 43.3561. IDENTIFICATION OF BREEDER DEER. (a) Not later
than March 31 of the year following the year in which the breeder
deer is born, a breeder deer held in a permitted deer breeding
facility must be identified by placing on each breeder deer
possessed by the deer breeder a single, reasonably visible,
durable identification tag bearing an alphanumeric number of not
more than four characters assigned by the department to the
breeding facility in which the breeder deer was born and unique
to that breeder deer. A deer breeder is not required to remove
the tag for any purpose but may remove the tag and replace the
tag immediately to meet the requirements of this section.
(b) A person may not remove or knowingly permit the removal of a
breeder deer held in a facility by a permittee under this
subchapter unless the breeder deer has been permanently and
legibly tattooed in one ear with the unique identification number
assigned to the breeder in lawful possession of the breeder deer
and specific to the breeding facility in which the breeder deer
was born or initially introduced if from an out-of-state source.
(c) A person may not knowingly accept or permit the acceptance
of a breeder deer into a facility regulated under this subchapter
unless the breeder deer has been permanently and legibly tattooed
in one ear with the unique identification number assigned to the
breeder in lawful possession of the breeder deer and specific to
the facility in which the breeder deer was born or initially
introduced if from an out-of-state source.
Added by Acts 2007, 80th Leg., R.S., Ch.
79, Sec. 2, eff. January 1, 2008.
Sec. 43.357. PERMIT PRIVILEGES; REGULATIONS. (a) The holder of
a valid deer breeder's permit may:
(1) engage in the business of breeding breeder deer in the
immediate locality for which the permit was issued; and
(2) sell, transfer to another person, or hold in captivity live
breeder deer for the purpose of propagation or sale.
(a-1) A deer breeder, a deer breeder's authorized agent, or an
assistant who is not a permittee under this subchapter but is
acting under the direction of a deer breeder or a deer breeder's
authorized agent may capture a breeder deer held in a permitted
facility for:
(1) removal from an enclosure;
(2) veterinary treatment;
(3) tagging;
(4) euthanasia for the purpose of:
(A) humane dispatch of the breeder deer; or
(B) the conduct of a test for a reportable disease as required
by law; or
(5) any other purpose required or allowed by law.
(b) The commission may make regulations governing:
(1) the possession of breeder deer held under the authority of
this subchapter;
(2) the recapture of lawfully possessed breeder deer that have
escaped from the facility of a deer breeder;
(3) permit applications and fees;
(4) reporting requirements;
(5) procedures and requirements for the purchase, transfer,
sale, or shipment of breeder deer;
(6) the endorsement of a deer breeder facility by a certified
wildlife biologist;
(7) the number of breeder deer that a deer breeder may possess;
and
(8) the dates for which a deer breeder permit is valid.
(c) A person who holds a permit under this subchapter or a
person who receives a breeder deer under this subchapter is not
required to have the release site inspected or approved before
the release of a breeder deer from a breeding facility. This
section does not preclude the department from making a habitat
inspection but does direct the department to refrain from
implementing habitat inspection rul