CHAPTER 61. UNIFORM WILDLIFE REGULATORY ACT
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE B. HUNTING AND FISHING
CHAPTER 61. UNIFORM WILDLIFE REGULATORY ACT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 61.001. TITLE. This chapter may be cited as the Wildlife
Conservation Act of 1983.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 22, ch. 9, art. I, Sec.
1, eff. Aug. 29, 1983.
Sec. 61.002. PURPOSE. The purpose of this chapter is to provide
a comprehensive method for the conservation of an ample supply of
wildlife resources on a statewide basis to insure reasonable and
equitable enjoyment of the privileges of ownership and pursuit of
wildlife resources. This chapter provides a flexible law to
enable the commission to deal effectively with changing
conditions to prevent depletion and waste of wildlife resources.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 22, ch. 44, art. I,
Sec. 2, eff. Aug. 29, 1983.
Sec. 61.003. APPLICABILITY OF CHAPTER. This chapter applies to
every county, place, and wildlife resource in the state, except
as otherwise provided by this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 71, eff.
Sept. 1, 1997.
Sec. 61.005. DEFINITIONS. In this chapter:
(1) "Wildlife resources" means all wild animals, wild birds, and
aquatic animal life.
(2) "Depletion" means the reduction of a species below its
immediate recuperative potential by any cause.
(3) "Waste" means the failure to provide for the regulated
harvest of surplus wildlife resources when that harvest would
allow, promote, or optimize a healthy and self-sustaining
population of a species.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 439, ch. 184, Sec. 2,
eff. Aug. 31, 1981; Acts 1981, 67th Leg., p. 2740, ch. 748, Sec.
2, eff. Sept. 1, 1981; Acts 1997, 75th Leg., ch. 1256, Sec. 72,
eff. Sept. 1, 1997.
Sec. 61.006. CRAYFISH. Except for Section 61.022 and Chapter 68
of this code, this chapter does not apply to crayfish, other than
in public water.
Added by Acts 1981, 67th Leg., p. 399, ch. 161, Sec. 3, eff. May
20, 1981.
SUBCHAPTER B. PROHIBITED ACTS
Sec. 61.021. TAKING WILDLIFE RESOURCES PROHIBITED. Except as
permitted under a proclamation issued by the commission under
this chapter, no person may hunt, catch, or possess a game bird
or game animal, fish, marine animal, or other aquatic life at any
time or in any place covered by this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 506, ch. 213, Sec. 2,
eff. Aug. 31, 1981; Acts 1981, 67th Leg., p. 2740, ch. 748, Sec.
3, eff. Sept. 1, 1981.
Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF
LANDOWNER PROHIBITED. (a) No person may hunt or catch by any
means or method or possess a wildlife resource at any time and at
any place covered by this chapter unless the owner of the land,
submerged land, or water, or the owner's agent, consents.
(b) Except as provided by Subsection (c), a person who violates
Subsection (a) the first time commits an offense that is a Class
A Parks and Wildlife Code misdemeanor and is punishable in
addition by the revocation or suspension under Section 12.5015 of
hunting and fishing licenses and permits.
(c) A person who violates Subsection (a) the first time by
killing a desert bighorn sheep, pronghorn antelope, mule deer, or
white-tailed deer commits an offense that is a Parks and Wildlife
Code state jail felony and is punishable in addition by the
revocation or suspension under Section 12.5015 of hunting and
fishing licenses and permits.
(d) A second violation of Subsection (a) shall be classified as
one category higher than the first violation or a Parks and
Wildlife Code felony, whichever is lesser, and is punishable in
addition by the revocation or suspension under Section 12.5015 of
hunting and fishing licenses and permits.
(e) A third or subsequent violation of Subsection (a) shall be
classified as a Parks and Wildlife Code felony and is punishable
in addition by the revocation or suspension under Section 12.5015
of hunting and fishing licenses and permits.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 2,
eff. Aug. 31, 1981; Acts 1981, 67th Leg., p. 2740, ch. 748, Sec.
3, eff. Sept. 1, 1981; Acts 1997, 75th Leg., ch. 1090, Sec. 1,
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1256, Sec. 73, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 959, Sec. 6, eff. Sept.
1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1002, Sec. 2, eff. September 1, 2005.
Sec. 61.0221. DISPOSITION OF SEIZED PROPERTY. (a) If a person
is finally convicted of an offense under Section 61.022, the
court entering judgment may order that a weapon or other personal
property used in the commission of the offense be destroyed or
forfeited to the department.
(b) If the department receives a forfeiture order from a court
under this section, the department may:
(1) use the property in the department's normal operations;
(2) sell or transfer the property; or
(3) destroy the property.
(c) The department shall deposit money from the sale of
forfeited property under this section in the game, fish, and
water safety account.
(d) This section does not apply to a vehicle, aircraft, or
vessel.
Added by Acts 2005, 79th Leg., Ch.
603, Sec. 1, eff. September 1, 2005.
Sec. 61.023. APPLYING CONTRACEPTIVES TO WILDLIFE RESOURCES. No
person may intentionally apply contraceptives to any vertebrate
wildlife resource unless the person first obtains written
authorization from the department.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 74, eff. Sept. 1,
1997.
SUBCHAPTER C. REGULATORY DUTIES
Sec. 61.051. DUTY TO INVESTIGATE AND STUDY CERTAIN WILDLIFE
RESOURCES. (a) The department shall conduct scientific studies
and investigations of all species of game animals, game birds,
and aquatic animal life to determine:
(1) supply;
(2) economic value;
(3) environments;
(4) breeding habits;
(5) sex ratios; and
(6) effects of any factors or conditions causing increases or
decreases in supply.
(b) The studies and investigations may be made periodically or
continuously.
(c) The commission shall make findings of fact based on the
studies and investigations of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 75, eff.
Sept. 1, 1997.
Sec. 61.052. GENERAL REGULATORY DUTY. (a) The commission shall
regulate the periods of time when it is lawful to hunt, take, or
possess game animals, game birds, or aquatic animal life in or
from the places covered by this chapter.
(b) The commission shall regulate the means, methods, and places
in which it is lawful to hunt, take, or possess game animals,
game birds, or aquatic animal life in or from the places covered
by this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 3,
eff. Aug. 31, 1981; Acts 1997, 75th Leg., ch. 1256, Sec. 76, eff.
Sept. 1, 1997.
Sec. 61.053. OPEN SEASONS. The commission shall provide open
seasons for the hunting, taking, or possession of game animals,
game birds, or aquatic animal life if its investigations and
findings of fact reveal that open seasons may be safely provided
or if the threat of waste requires an open season to conserve
game animals, game birds, or aquatic animal life.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 3,
eff. Aug. 31, 1981; Acts 1997, 75th Leg., ch. 1256, Sec. 77, eff.
Sept. 1, 1997.
Sec. 61.054. PROCLAMATIONS OF THE COMMISSION. (a) Regulation
of the hunting, taking, or possession of game animals, game
birds, or aquatic animal life under this chapter shall be by
proclamation of the commission.
(b) A proclamation of the commission authorizing the hunting,
taking, or possession of game animals, game birds, or aquatic
animal life must specify:
(1) the species, quantity, age or size, and, to the extent
possible, the sex of the game animals, game birds, or aquatic
animal life authorized to be hunted, taken, or possessed;
(2) the means or method that may be used to hunt, take, or
possess the game animals, game birds, or aquatic animal life; and
(3) the region, county, area, body of water, or portion of a
county where the game animals, game birds, or aquatic animal life
may be hunted, taken, or possessed.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 3,
eff. Aug. 31, 1981; Acts 1997, 75th Leg., ch. 1256, Sec. 78, eff.
Sept. 1, 1997.
Sec. 61.055. AMENDMENTS AND REVOCATIONS. (a) If the commission
finds that there is a danger of depletion or waste, it shall
amend or revoke its proclamations to prevent the depletion or
waste and to provide to the people the most equitable and
reasonable privilege to hunt game animals or game birds or catch
aquatic animal life.
(b) The commission may amend or revoke its proclamations at any
time it finds the facts warrant a change.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 3,
eff. Aug. 31, 1981; Acts 1997, 75th Leg., ch. 1256, Sec. 79, eff.
Sept. 1, 1997.
Sec. 61.056. PROCLAMATIONS CONCERNING CERTAIN DEER AND ANTELOPE.
A proclamation of the commission authorizing the taking of
antlerless deer or antelope in this state is not effective for a
specific tract of land unless the landowner or the landowner's
agent agrees in writing to the number of antlerless deer or
antelope permits authorized for the property.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 1860, ch. 439, Sec. 3,
eff. Aug. 31, 1981; Acts 1997, 75th Leg., ch. 863, Sec. 4, eff.
Sept. 1, 1997.
Sec. 61.057. ANTLERLESS DEER AND ANTELOPE. (a) Except as
provided in Subsection (c) of this section, no person may hunt an
antlerless deer or antelope in this state without first having
acquired an antlerless deer or antelope permit issued by the
department on a form provided by the department.
(b) The permit may be distributed by the landowner or
landowner's agent for land which is subject to an agreement under
Section 61.056 of this code. A landowner or landowner's agent may
distribute permits only for the land the person owns or the land
for which the person is an agent.
(c) When conditions warrant, the commission may allow hunting of
antlerless deer or antelope in this state without a permit. The
proclamation allowing hunting without a permit must be specific
as to the county or portion of a county to which it applies.
(d) No person may sell or trade a permit authorized by this
section for anything of value.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 1860, ch. 439, Sec. 4,
5, eff. Aug. 31, 1981; Acts 1997, 75th Leg., ch. 863, Sec. 5,
eff. Sept. 1, 1997.
Sec. 61.058. YOUTH HUNTING AND FISHING. (a) The commission may
provide for special open seasons during which the taking and
possession of game animals and game birds are restricted to
persons under 17 years old.
(b) The commission may provide for special means and methods for
the taking and possession of aquatic animal life by persons under
17 years old.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 80, eff. Sept. 1,
1997.
Sec. 61.060. DEFENSE TO PROSECUTION: HUMANE DISPATCH OF CERTAIN
GAME ANIMALS AND BIRDS. (a) In this section:
(1) "Dispatch" means to kill by any humane method.
(2) "Game animal" has the meaning assigned by Section 63.001.
(3) "Game bird" has the meaning assigned by Section 64.001.
(b) It is a defense to prosecution for a violation of this
chapter or of a regulation adopted or proclamation issued under
the authority of this chapter by the commission that the actor
dispatched a game animal or game bird that:
(1) was mortally wounded, not through the actor's conduct; or
(2) behaved in a manner that:
(A) is inconsistent with the manner in which a game animal or
game bird that is not diseased typically behaves; and
(B) leads a reasonable person to believe that the game animal or
game bird poses a substantial risk of serious harm to itself, a
person, or other wildlife.
(c) The commission may adopt rules, including rules concerning
the disposition of a game animal or a game bird that has been
dispatched under this section, to implement this section.
Added by Acts 2005, 79th Leg., Ch.
157, Sec. 1, eff. May 24, 2005.
SUBCHAPTER D. ADMINISTRATIVE PROCEDURES
Sec. 61.101. LOCAL HEARING ON PROCLAMATION. (a) Before a
proclamation of the commission may be adopted, the department
shall hold public hearings in the county to be affected by the
proclamation if the director or the director's designee receives
a petition for a public hearing signed by not less than 25
persons who reside in the county.
(b) The hearing may be conducted by a member of the commission
or by any designated employee of the department. This subsection
does not require the presence of a member at any local hearing.
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. 58,
eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 81, eff.
Sept. 1, 1997.
Sec. 61.102. NOTICE ON LOCAL HEARING. Notice of the hearing
must be given in a newspaper published in the county in which the
hearing is to be held at least 10 days before the date of the
hearing. If no newspaper is published in the county in which the
hearing is to be held, the notice must be given in a newspaper
published in an adjoining county and having wide circulation in
the county in which the hearing is to be held.
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. 59,
eff. Sept. 1, 1985.
Sec. 61.103. ADOPTION OF PROCLAMATIONS. (a) A proclamation
under this chapter must be adopted by a quorum of the commission
at a meeting of the commission held in the commission's office in
Austin.
(b) A proclamation may be adopted at any special or regular
meeting of the commission, for which the date and time are
designated by the commission.
(c) Any person interested in a proclamation is entitled to be
heard at the meeting and may introduce evidence on the imminence
of depletion or waste.
(d) For the purpose of adopting a proclamation under this
chapter, a quorum of the commission is five members.
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. 60,
eff. Sept. 1, 1985.
Sec. 61.104. EFFECTIVE DATE AND DURATION OF PROCLAMATIONS. (a)
Except as provided in Subsection (b) of this section, a
proclamation takes effect at the time determined by the
commission. The time designated by the commission may not be
earlier than 20 days after the day the proclamation is adopted by
the commission.
(b) If the commission finds that there is an immediate danger of
depletion in any area as to a species, the commission may declare
a state of emergency, and a proclamation issued under the state
of emergency takes effect on issuance.
(c) A proclamation of the commission continues in effect until
it expires by its own terms or until it is amended or repealed.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art. 2,
Sec. 1, eff. Sept. 1, 1979.
Sec. 61.106. JUDICIAL REVIEW OF PROCLAMATION. (a) The venue
for any suit challenging the validity of a proclamation of the
commission under this chapter is in Travis County.
(b) The party complaining of a proclamation has the burden of
proof to show invalidity.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER E. PROVISIONS AFFECTING LIMITED AREAS
Sec. 61.201. LIVINGSTON DAM FISHING PLATFORM. (a) No person
may permanently anchor a barge, boat, or other fishing platform
on the Trinity River downstream from the Livingston Dam within
the area between the restricted area boundary that is 1,000 feet
from the dam and a point 1,500 feet downstream from the dam. A
barge, boat, or other fishing platform is considered permanently
anchored if it is anchored in the described area:
(1) for more than 10 hours in a 24-hour period without moving
100 feet or more during that time; or
(2) for five or more consecutive days, whether or not it has
been moved.
(b) No person may leave a barge, boat, or other fishing platform
unattended for any period of time if the barge, boat, or platform
is within the area described in Subsection (a) of this section.
(c) A barge, boat, or other fishing platform that is left
unattended for any period of time within the area described in
Subsection (a) of this section may be impounded and may be
reclaimed only by payment of both the fine imposed under this
chapter and the cost of impoundment.
(d) Property impounded under this section that has not been
claimed within the time period specified in Section 683.002,
Transportation Code, for disposition of an abandoned automobile
is considered abandoned and may be disposed of in the same manner
as an abandoned automobile in accordance with Chapter 683 of that
code.
(e) This section may be enforced by any peace officer listed in
Article 2.12, Code of Criminal Procedure.
Added by Acts 1993, 73rd Leg., ch. 130, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.234, eff.
Sept. 1, 1997.
Sec. 61.204. BIGHORN SHEEP COOPERATIVE AGREEMENTS. The
department may enter into cooperative agreements with landowners
for the purpose of restoring, protecting, and managing bighorn
sheep. A cooperative agreement may provide that any person
holding a valid bighorn sheep hunting permit may hunt on land
owned by the landowner and covered by the cooperative agreement.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 61, eff.
Sept. 1, 1985.
Sec. 61.205. BIGHORN SHEEP HUNTING PERMITS. (a) No person may
hunt a bighorn sheep without first having acquired a bighorn
sheep hunting permit issued by the department on a form provided
by the department. A holder of a bighorn sheep hunting permit may
hunt only on those lands for which the permit is valid.
(b) The permit may be distributed by the department or by a
party to a cooperative agreement with the department for the
restoration, protection, and management of bighorn sheep. A party
to a cooperative agreement may distribute permits only for land
that he owns or is in charge of or that is designated in the
cooperative agreement.
(c) Permits distributed by the department shall be distributed
to parties to a cooperative agreement and other members of the
public by means of a fair method, subject to the limitations of
the maximum number of permits to be issued.
(d) The department may authorize the sale, trade, auction, or
donation of a bighorn sheep hunting permit if the proceeds of the
sale, trade, auction, or donation are used to restore, protect,
or manage bighorn sheep.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 61, eff.
Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, Sec.
82, eff. Sept. 1, 1997.
Sec. 61.206. BIGHORN SHEEP IDENTIFICATION. A person may not
possess a mounted or unmounted head of a bighorn sheep taken in
this state unless identification items and tags are attached as
prescribed by the commission. The commission may establish fees
for tags or other identification items issued under this section.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 61, eff.
Sept. 1, 1985.
SUBCHAPTER F. PENALTIES
Sec. 61.901. PENALTIES. (a) Except as provided in this
section, a person who violates any provision of this chapter or
any proclamation or regulation of the commission issued under the
authority of this chapter commits an offense that is a Class C
Parks and Wildlife Code misdemeanor.
(b) A person who violates a proclamation of the commission
relating to the daily catch, retention, and size limits for
redfish or speckled sea trout taken for noncommercial purposes is
guilty of an offense and is punishable for the first and
subsequent offenses by the penalties prescribed by Sections
66.2011(d) and 66.218 of this code.
(c) Repealed by Acts 2005, 79th Leg., Ch. 992, Sec. 32(1), eff.
June 18, 2005.
(d) If it is shown at the trial of the defendant for a violation
of a proclamation of the commission that regulates the use and
possession of nets, seines, trawls, traps, or other devices used
for catching aquatic life, except shrimp, in the inside water of
this state that he has been convicted within five years before
the trial date of a violation of the proclamation for which he is
being prosecuted, on conviction he shall be punished for a Class
B Parks and Wildlife Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 381, ch. 190, Sec. 1,
2, eff. May 20, 1977; Acts 1981, 67th Leg., p. 507, ch. 213, Sec.
4, eff. Aug. 31, 1981; Acts 1981, 67th Leg., p. 2698, ch. 735,
Sec. 1, eff. Aug. 31, 1981; Acts 1981, 67th Leg., p. 2740, ch.
748, Sec. 4, eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 970,
ch. 229, Sec. 3, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch.
267, art. 3, Sec. 39, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch.
992, Sec. 32(1), eff. June 18, 2005.