CHAPTER 46. FISHING LICENSES
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE A. HUNTING AND FISHING LICENSES
CHAPTER 46. FISHING LICENSES
SUBCHAPTER A. GENERAL FISHING LICENSE
Sec. 46.001. PROHIBITED ACTS. No person may fish in the public
water of this state, or unload in this state fish or other
aquatic life taken for sporting purposes from waters managed by
the Gulf of Mexico Fishery Management Council established under
the Fishery Conservation and Management Act of 1976 (16 U.S.C.
Section 1801 et seq.), unless he has acquired a fishing license
issued under this subchapter, except as provided by Sections
46.0012 and 46.002. The commission by rule may prescribe
requirements relating to possessing a license required by this
subchapter.
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. 29,
eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 799, Sec. 1, eff.
June 15, 1989; Acts 1995, 74th Leg., ch. 931, Sec. 49, eff. June
16, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 42, eff. September 1, 2007.
Sec. 46.0011. RESIDENT AND NONRESIDENT DEFINED. (1) "Resident"
means:
(A) an individual who has resided continuously in this state for
more than six months immediately before applying for a fishing
license required by this chapter;
(B) a member of the United 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.
Added by Acts 1977, 65th Leg., p. 1110, ch. 409, Sec. 1, eff.
Aug. 29, 1977. Amended by Acts 1991, 72nd Leg., ch. 301, Sec. 2,
eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 838, Sec. 21, eff.
July 15, 1993.
Sec. 46.0012. FREE SPORTFISHING DAY. On the first Saturday in
June of each year, a fishing license is not required of any
person fishing for sporting purposes in public water. This
section is limited to license requirements and does not affect
other provisions of this code relating to the taking or
possession of fish for sporting purposes.
Added by Acts 1989, 71st Leg., ch. 799, Sec. 2, eff. June 15,
1989.
Sec. 46.002. EXEMPTIONS. (a) A license issued under this
chapter is not required of a person:
(1) who is a resident and whose birth date is before September
1, 1930;
(2) who is a nonresident, if the person's birth date is before
September 1, 1930, and the person's state of residence grants a
similar age exemption to Texas residents;
(3) who is mentally disabled and who is engaging in recreational
fishing as part of medically approved therapy, and who is fishing
under the immediate supervision of personnel approved or employed
by a hospital, residence, or school for mentally disabled
persons;
(4) who is mentally retarded and is engaged in recreational
fishing under the immediate supervision of a person who:
(A) holds a license issued under this chapter; and
(B) has the permission of the mentally retarded person's family
head or legal guardian to take the mentally retarded person
fishing if the person is not a member of the family of the
mentally retarded person; or
(5) who is participating in an event that is sponsored or
co-sponsored by the Texas Parks and Wildlife Department with the
approval of the Executive Director.
(b) The mentally disabled person recreationally fishing under
Subsection (a)(3) shall carry an authorization identifying the
entity supplying the service. This authorization may be in the
form of a tag that contains the name of the sponsoring entity.
(c) A mentally retarded person who is engaged in recreational
fishing under Subsection (a)(4) must carry a note from a doctor
stating that the person has been diagnosed as mentally retarded.
Added by Acts 1987, 70th Leg., ch. 27, Sec. 1, eff. April 22,
1987. Amended by Acts 1989, 71st Leg., ch. 1153, Sec. 1, eff.
Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 838, Sec. 22, eff. July
15, 1993; Acts 1995, 74th Leg., ch. 629, Sec. 2, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 1058, Sec. 1, eff. Sept. 1, 2001.
Sec. 46.004. LICENSE FEES. (a) The resident fishing license
fee is $8 or an amount set by the commission, whichever amount is
more.
(b) The commission may establish a lower fee or waive the fee or
license requirement for:
(1) a resident who has a general commercial fisherman's license
of this state;
(2) a resident who is blind as defined by Section 94.001, Human
Resources Code;
(3) a resident or nonresident who is under 17 years old; or
(4) a resident or nonresident who is 65 years old or over.
(c) The commission shall waive the fee for a qualified disabled
veteran as defined by Section 42.012 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.
(d) The department may issue a lifetime resident fishing license
to residents of this state. The fee for this license is $300 or
an amount set by the commission, whichever amount is more.
(e) The nonresident fishing license fee is $15 or an amount set
by the commission, whichever amount is more.
(f) The commission may establish collection and issuance fees
for licenses and tags issued under this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 1110, ch. 409, Sec. 2,
eff. Aug. 29, 1977; Acts 1977, 65th Leg., p. 1475, ch. 599, Sec.
1, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 1397, ch. 623,
Sec. 3, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 2607, ch.
695, Sec. 2, eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 1331,
ch. 277, Sec. 19, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch.
267, art. 2, Sec. 30, eff. Sept. 1, 1986; Acts 1987, 70th Leg.,
ch. 27, Sec. 2, eff. April 22, 1987; Acts 1995, 74th Leg., ch.
629, Sec. 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 931,
Sec. 80, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 840, Sec.
2, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
145, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
243, Sec. 2, eff. May 25, 2007.
Sec. 46.0045. TAG FEES. The commission by rule may establish
fees for initial and duplicate tags issued under this subchapter.
Added by Acts 1993, 73rd Leg., ch. 457, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 50, eff.
June 16, 1995.
Sec. 46.005. TEMPORARY SPORTFISHING LICENSES. (a) Any person
who is a Texas resident or other person designated by the
commission is entitled to receive from the department a license
allowing fishing for sporting purposes in public water for a
period of 14 consecutive days or other period set by the
commission. The commission may authorize the issuance of more
than one type of license under this subsection and may prescribe
the categories of persons to whom the licenses may be issued.
(b) The fee for a temporary sportfishing license is an amount
set by the commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2607, ch. 695, Sec. 2,
eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 1331, ch. 277, Sec.
20, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2,
Sec. 31, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, Sec.
51, eff. June 16, 1995.
Sec. 46.0051. TEMPORARY NONRESIDENT LICENSES. (a) A
nonresident or other person designated by the commission is
entitled to receive from the department a license allowing
fishing for sporting purposes in public water for a period of
five consecutive days or other period set by the commission. The
commission may authorize the issuance of more than one type of
license under this subsection and may prescribe the categories of
persons to whom the licenses may be issued.
(b) The fee for a license is an amount set by the commission.
Added by Acts 1977, 65th Leg., p. 1110, ch. 409, Sec. 3, eff.
Aug. 29, 1977. Amended by Acts 1979, 66th Leg., p. 1397, ch. 623,
Sec. 4, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 1331, ch.
277, Sec. 21, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267,
art. 2, Sec. 32, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch.
931, Sec. 52, eff. June 16, 1995.
Sec. 46.006. DUPLICATE LICENSE OR TAG. (a) If a license issued
under this subchapter is lost or destroyed, a license deputy may
issue a duplicate license on application of the license holder
and receipt of $5 or an amount set by the commission, whichever
amount is more. If a tag issued under this subchapter is lost or
destroyed, a license deputy may issue a duplicate tag on
application of the tag holder and payment of a fee set by the
commission under Section 46.0045 of this code.
(b) The application for a duplicate license or tag must be an
affidavit containing:
(1) a statement of fact concerning the loss or destruction of
the license or tag; and
(2) any other information which the commission by regulation may
prescribe as necessary.
(c) Repealed by Acts 1995, 74th Leg., ch. 931, Sec. 80, eff.
June 16, 1995.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1332, ch. 277, Sec. 22,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
33, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 457, Sec. 2,
eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 838, Sec. 23, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 53, 80, eff.
June 16, 1995.
Sec. 46.007. EXPIRATION OF LICENSES AND TAGS. (a) Except as
provided by Subsections (b), (c), (d), (e), and (f) of this
section, a license required or authorized by this subchapter is
valid only during the yearly period for which it is issued
without regard to the date on which the license 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 license fee for a license issued during a
transition period at an amount lower than prescribed in this
section and provide for a license term for a transition period
that is shorter or longer than a year.
(b) A license issued under Section 46.005 or 46.0051 of this
code is valid for the number of consecutive days authorized and
does not necessarily expire on August 31 or another date set by
the commission.
(c) A tag or duplicate tag required or authorized by this
subchapter is valid for a period as established by the
commission.
(d) A license issued under Section 46.004 of this code that is
issued before September 1 or another date set by the commission
and does not expire until August 31 of the following 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.
(e) A lifetime resident fishing license is valid for the
lifetime of the license holder.
(f) A duplicate license is valid for the period of validity of
the original license only.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 1110, ch. 409, Sec. 4,
eff. Aug. 29, 1977; Acts 1977, 65th Leg., p. 1536, ch. 626, Sec.
1, eff. Aug. 29, 1977; Acts 1993, 73rd Leg., ch. 457, Sec. 2,
eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 838, Sec. 24, eff.
July 15, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 54, eff. June
16, 1995.
Sec. 46.008. LICENSE INFORMATION. A license issued under this
subchapter must contain information determined by the commission
to be necessary.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 1476, ch. 599, Sec. 2,
eff. Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 473, Sec. 2, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 457, Sec. 2, eff. Sept.
1, 1993; Acts 1993, 73rd Leg., ch. 838, Sec. 25, eff. Sept. 1,
1993.
Sec. 46.0085. FORM AND ISSUANCE OF LICENSES AND TAGS. (a) The
department shall issue and prescribe the form and manner of
issuance of the licenses and tags authorized by this chapter. The
commission by rule may prescribe identification and compliance
requirements.
(b) A license and tag issued under this chapter is not valid
until the person to whom it is issued completes all required
information on the license and tag.
(c) The department may issue tags for finfish species allowed by
law to be taken during each year or season from coastal waters of
the state to holders of licenses authorizing the taking of
finfish species or to other categories of persons.
Added by Acts 1991, 72nd Leg., ch. 473, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 457, Sec. 2, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 55, eff. June
16, 1995.
Sec. 46.0086. FINFISH TAGS: PROHIBITED ACTS. (a) No person may
purchase or use more finfish tags during a license year than the
number and type authorized for the year by the commission,
excluding duplicate tags issued under Section 46.006 of this
code.
(b) Except as provided by Subsection (c), no person may:
(1) use the same finfish tag on more than one finfish;
(2) use a finfish tag issued in the name of another;
(3) use a tag on a finfish for which another tag is specifically
required; or
(4) take a finfish required to be tagged and fail to immediately
attach a properly executed tag to the finfish in the manner
prescribed by the commission.
(c) The commission by rule may modify or eliminate the
requirements of this section.
Added by Acts 1993, 73rd Leg., ch. 457, Sec. 2, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 56, eff.
June 16, 1995.
Sec. 46.013. ISSUANCE OR ACCEPTANCE OF LICENSE. No person may
issue or accept a license or tag required by this subchapter
except on a form provided by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 457, Sec. 2, eff.
Sept. 1, 1993.
Sec. 46.014. FISHING UNDER THE LICENSE OF ANOTHER. No person
may fish under a license issued to another or allow another
person to fish under a license issued to him.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 457, Sec. 2, eff.
Sept. 1, 1993.
Sec. 46.015. PENALTY. (a) A person who violates a provision of
this subchapter or, except as provided by Subsection (b) of this
section, who fails or refuses to show an officer his license or
tag on the request of the officer commits an offense that is a
Class C Parks and Wildlife Code misdemeanor.
(b) If on or before the trial of any person charged with the
failure or refusal to show an officer a license or tag issued
under this subchapter, the person produces for the court or the
prosecuting attorney the proper fishing license or tag 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; Acts 1985, 69th Leg., ch. 267, art. 3, Sec.
31, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 457, Sec. 2,
eff. Sept. 1, 1993.
SUBCHAPTER B. LAKE TEXOMA FISHING LICENSE
Sec. 46.101. LAKE TEXOMA. This subchapter applies only to Lake
Texoma, which is the portion of this state inundated by the water
impounded by a dam across the channel of the Red River, known as
Denison Dam, and any other portion of that area of land acquired
by the United States for the operation of the reservoir.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 46.102. FISHING LICENSE REQUIRED. Except as provided in
this subchapter, no person may catch fish in Lake Texoma unless
he has acquired a license issued under this subchapter. The
commission by rule may prescribe requirements relating to
possessing a license required by this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 57, eff.
June 16, 1995.
Sec. 46.103. EXEMPTIONS. Residents of this state engaged in
fishing within the territorial boundaries of this state are not
required to obtain a license issued under this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 46.104. LICENSE: PERIOD OF VALIDITY AND FEE. (a) A Lake
Texoma fishing license is valid until December 31 following its
date of issuance.
(b) The fee for the license is $5.75 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 1979, 66th Leg., p. 1400, ch. 623, Sec. 12,
eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 1332, ch. 277, Sec.
23, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2,
Sec. 34, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, Sec.
58, eff. June 16, 1995.
Sec. 46.105. LAKE TEXOMA 10-DAY FISHING LICENSE. (a) A Lake
Texoma 10-day fishing license is valid for 10 consecutive days
including the date of issuance.
(b) The fee for the license is $1.25 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 1985, 69th Leg., ch. 267, art. 2, Sec. 35,
eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, Sec. 59, eff.
June 16, 1995.
Sec. 46.106. FORM OF LICENSE. Licenses issued under this
subchapter shall be on the form prescribed by the department and
must contain information necessary for enforcement of this
subchapter as required by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 838, Sec. 26, eff.
Sept. 1, 1993.
Sec. 46.108. DIVISION OF FEES. The department shall keep
separate and strict account of the revenue received from licenses
issued under this subchapter for annual division between this
state and the State of Oklahoma. The division shall be on a basis
of the proportionate area of Lake Texoma lying within the
territorial jurisdiction of the respective states.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 46.109. PAYMENT BY COMPTROLLER. On February 1 of each year
the comptroller shall pay to the state of Oklahoma 70 percent of
the revenue collected from licenses issued under this subchapter
during the previous calendar year.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 46.110. PENALTY. A person who violates a 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. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 32,
eff. Sept. 1, 1985.
Sec. 46.111. EFFECTIVE DATE OF SUBCHAPTER. This subchapter does
not become effective until:
(1) the State of Oklahoma makes provision for the sale of
licenses in Oklahoma that are parallel to the licenses authorized
by this subchapter;
(2) the State of Oklahoma provides for payment to this state of
not less than 30 percent of all revenue collected by Oklahoma for
the licenses; and
(3) the department is satisfied that this subchapter and the
provisions of Oklahoma law are not in conflict and directs that
this subchapter is effective.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.