CHAPTER 62. PROVISIONS GENERALLY APPLICABLE TO HUNTING
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE B. HUNTING AND FISHING
CHAPTER 62. PROVISIONS GENERALLY APPLICABLE TO HUNTING
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 62.001. DEFINITIONS. For the purpose of enforcement of the
game laws of this state:
(1) "Closed season" means the period of time during which it is
unlawful to hunt a game animal, wild fowl, or bird.
(2) "Open season" means the period of time during which it is
lawful to hunt a specified animal, game animal, wild fowl, or
bird.
(3) "Public road or right-of-way" means a public street, alley,
road, right-of-way, or other public way, including a berm, ditch,
or shoulder.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 43, eff. June 15, 2007.
Sec. 62.002. COMPUTER-ASSISTED REMOTE HUNTING. (a) In this
section:
(1) "Computer-assisted remote hunting" means the use of a
computer or any other device, equipment, or software, to remotely
control the aiming and discharge of archery equipment, a
crossbow, or a firearm to hunt an animal, including a bird.
(2) "Firearm" and "archery equipment" have the meanings assigned
by Section 62.014.
(b) A person may not engage in computer-assisted remote hunting
or provide or operate facilities for computer-assisted remote
hunting if the animal being hunted is located in this state.
(c) For purposes of this section, facilities for
computer-assisted remote hunting include real property and
improvements on the property associated with hunting, including
hunting blinds, offices, and rooms equipped to facilitate
computer-assisted remote hunting.
(d) A person who violates this section commits an offense that
is a Class B Parks and Wildlife Code misdemeanor, unless it is
shown at the trial of the defendant that the defendant has been
convicted one or more times before the trial date of a violation
of this section, in which case the offense is a Class A Parks and
Wildlife Code misdemeanor.
(e) It is an exception to the application of this section that a
person provides only:
(1) general-purpose equipment, including a computer, camera,
fencing, and building materials;
(2) general-purpose computer software including an operating
system and communications programs; or
(3) general telecommunications hardware or networking services
for computers, including adapters, modems, servers, routers, and
other facilities associated with Internet access.
Added by Acts 2005, 79th Leg., Ch.
992, Sec. 22, eff. June 18, 2005.
Sec. 62.003. HUNTING FROM VEHICLES. (a) Except as provided in
Subsection (b), no person may hunt any wild bird or wild animal,
other than an alligator, frog, or turtle, from any type of
aircraft or airborne device, motor vehicle, powerboat, or
sailboat, or from any other floating device.
(b) Animals and birds not classified as migratory may be hunted
from a motor vehicle, powerboat, or sailboat, or from any other
floating device within the boundaries of private property or upon
private water by a person who is legally on the property or water
for the purpose of hunting if no attempt is made to hunt any wild
bird or wild animal on any part of the road system of this state.
(c), (d) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec.
110, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2698, ch. 735, Sec. 3,
eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 267, art. 3, Sec.
110, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch.
992, Sec. 23, eff. June 18, 2005.
Sec. 62.0031. HUNTING FROM PUBLIC ROAD OR RIGHT-OF-WAY
PROHIBITED. (a) Except as provided by Subsection (b), a person
may not hunt a wild animal or bird when the person is on a public
road or right-of-way.
(b) This section does not apply to the trapping of a raptor for
educational or sporting purposes as provided by Chapter 49.
Added by Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 44, eff. June 15, 2007.
Sec. 62.004. HUNTING AT NIGHT. No person may hunt any wild
bird, wild game bird, wild fowl, or wild game animal protected by
this code at any season of the year between one-half hour after
sunset and one-half hour before sunrise.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2699, ch. 735, Sec. 4,
eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 267, art. 3, Sec.
40, eff. Sept. 1, 1985.
Sec. 62.005. HUNTING WITH LIGHT. Except as provided by Section
62.0055 or 62.0056, no person may hunt a game animal or bird
protected by this code with the aid of an artificial light that
casts or reflects a beam of light onto or otherwise illuminates
the game animal or bird, including the headlights of a motor
vehicle.
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. 110,
eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 83, eff.
Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
603, Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
111, Sec. 1, eff. May 23, 2009.
Sec. 62.0055. HUNTING WITH LASER SIGHTING DEVICE BY LEGALLY
BLIND HUNTER. (a) In this section, "legally blind" has the
meaning assigned by Section 62.104, Government Code.
(b) A legally blind hunter may use a laser sighting device
during regular hunting hours when assisted by a person who:
(1) is not legally blind;
(2) has a hunting license; and
(3) is at least 13 years of age.
(c) The legally blind hunter must carry proof of being legally
blind.
(d) Section 62.014 applies to a hunter under this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
603, Sec. 2, eff. June 15, 2007.
Sec. 62.0056. HUNTING WITH LASER SIGHTING DEVICE BY HUNTERS WITH
CERTAIN DISABILITIES. (a) In this section, "person with a
physical disability" means a person with a documented permanent
physical disability that renders the person incapable of using a
traditional firearm sighting device. A physician's or
optometrist's statement certifying the extent of the disability
is sufficient documentation.
(b) A hunter who is a person with a physical disability may use
a laser sighting device during lawful hunting hours in open
seasons when assisted by a person who:
(1) is not a person with a physical disability;
(2) has a hunting license; and
(3) is at least 13 years of age.
(c) The hunter who is a person with a physical disability must
carry proof of the disability.
(d) Section 62.014 applies to a hunter under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
111, Sec. 2, eff. May 23, 2009.
Sec. 62.006. HUNTING FOR HIRE. (a) No person may employ
another person or be employed by another person for compensation
or promise of compensation to hunt any bird, wild fowl, or game
animal protected by this code.
(b) If a person testifies against another person who employed
him in violation of this section, all prosecutions against him in
the case in which he testifies shall be dismissed.
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. 41,
eff. Sept. 1, 1985.
Sec. 62.0061. HUNTING ON OR OVER CERTAIN SUBMERGED LAND. (a)
Except as provided by Subsection (b), a person may not hunt or
take any wild animal or wild bird when the person is on or over
privately owned land that is:
(1) submerged under:
(A) public fresh water due to seasonal or occasional
innundation; or
(B) public salt water and located above the mean high tide line
of the Gulf of Mexico and its bays and estuaries; and
(2) conspicuously marked as privately owned by a sign or signs
that are substantially similar to the following:
POSTED. PRIVATE PROPERTY. NO HUNTING.
(b) This section does not apply to:
(1) fishing or to fish and other aquatic life;
(2) a person who:
(A) owns the submerged land; or
(B) obtains the landowner's consent;
(3) land that is dedicated to the permanent school fund and that
is located within:
(A) the tidewater limits of this state; or
(B) the gradient boundaries of a navigable river or stream in
this state; or
(4) land that is:
(A) submerged by public water; and
(B) located below the mean high tide line of the Gulf of Mexico
and its bays and estuaries.
(c) This section does not authorize a person to fish by any
means or method or at any time or place that is otherwise
prohibited by this code.
Added by Acts 2005, 79th Leg., Ch.
1002, Sec. 1, eff. September 1, 2005.
Renumbered from Parks and Wildlife Code, Section 62.002 by Acts
2007, 80th Leg., R.S., Ch.
921, Sec. 17.001(60), eff. September 1, 2007.
Sec. 62.0065. HUNTING DEER WITH DOGS. (a) Except as provided
by Subsection (d), a person may not recklessly use a dog to hunt
or pursue a deer in this state.
(b) Subject to Subsection (a), the commission by rule may
prescribe the type of firearm that may be possessed during an
open deer season by a person who is in actual or constructive
possession of a dog while in the field on another person's land
or property in Angelina, Hardin, Harris, Harrison, Houston,
Jasper, Jefferson, Liberty, Montgomery, Nacogdoches, Newton,
Orange, Panola, Polk, Rusk, Sabine, San Augustine, San Jacinto,
Shelby, Trinity, Tyler, or Walker County.
(c) It is not a defense to prosecution under Subsection (a) or
to prosecution for violation of a rule adopted under Subsection
(b) that the defendant was not the owner or in immediate
possession of the dog or that the offense or violation was
committed without the effective consent of the dog's owner.
(d) The commission by rule may authorize the use of dogs to
trail wounded deer.
Added by Acts 2005, 79th Leg., Ch.
989, Sec. 2, eff. September 1, 2005.
Sec. 62.007. STOPPING FOR SEARCH. (a) An authorized employee
of the department may search the game bag, receptacle,
automobile, or other vehicle if he has reason to believe that the
bag, receptacle, automobile, or vehicle contains game unlawfully
killed or taken.
(b) A person who refuses to allow a search or refuses to stop a
vehicle when requested to do so by an authorized employee commits
an offense.
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. 42,
eff. Sept. 1, 1985.
Sec. 62.008. PRIMA FACIE EVIDENCE. Except as provided in
Subchapter B of this chapter, possession of a wild game bird,
wild game animal, or other species of protected wildlife, whether
dead or alive, during a time when the hunting of the animal,
bird, or species is prohibited is prima facie evidence of the
guilt of the person in possession.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 62.009. PURCHASE FOR EVIDENCE. A person who, for the
purpose of establishing testimony, purchases a game bird or
animal whose sale is prohibited by this code, is immune from
prosecution for the purchase. A conviction for the unlawful sale
of game may be sustained on the uncorroborated testimony of the
purchaser.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 62.010. EXCEEDING BAG LIMITS, HUNTING DURING CLOSED SEASON,
ETC.; PENALTY. (a) No person may kill or take more than the
daily, weekly, or seasonal bag limits for game birds or animals
as set out in this code.
(b) No person may hunt any game bird or animal at any time of
the year other than during the open season provided by this code.
(c) No person may kill, take, capture, wound, or shoot at any
game bird or animal for which no open season is set out by this
code.
(d) No person may possess an illegally killed game bird or
animal.
(e) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110,
eff. Sept. 1, 1985.
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. 110,
eff. Sept. 1, 1985.
Sec. 62.011. RETRIEVAL AND WASTE OF GAME. (a) Except as
provided by Subsection (c), it is an offense if a person while
hunting kills or wounds a game bird or game animal and
intentionally or knowingly fails to make a reasonable effort to
retrieve the animal or bird and include it in the person's daily
or seasonal bag limit.
(b) Except as provided by Subsection (c), it is an offense if a
person intentionally takes or possesses a game bird, game animal,
or fish and intentionally, knowingly, recklessly, or with
criminal negligence fails to keep the edible portions of the
bird, animal, or fish in an edible condition.
(c) It is an offense if a person while hunting kills or wounds a
desert bighorn sheep, pronghorn antelope, mule deer, or
white-tailed deer in violation of Section 61.022, 62.003,
62.0031, 62.004, or 62.005 and intentionally or knowingly fails
to make a reasonable effort to retrieve the animal or
intentionally, knowingly, recklessly, or with criminal negligence
fails to keep the edible parts of the animal in an edible
condition.
(d) In this section:
(1) "Edible condition" means fit for human consumption. The
term does not include any portion of a game bird, game animal, or
fish that is:
(A) bruised by bullet, shot, or arrow, or otherwise destroyed as
a result of harvest;
(B) decayed or rotting; or
(C) obviously infected or diseased.
(2) "Edible parts" means the meaty portions of a carcass that
are retained for consumption after quartering as defined in
Section 42.001(8).
Acts 1975, 64th Leg., p. 1214, ch. 456, Sec. 15, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110,
eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 267, art. 4, Sec.
1, eff. Sept. 1, 1985; Acts 1999, 76th Leg., ch. 959, Sec. 7,
eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
138, Sec. 1, eff. September 1, 2009.
Sec. 62.012. WRITTEN CONSENT TO HUNT OR TARGET SHOOT REQUIRED.
(a) This section applies only to a county having a population of
3.3 million or more. This section does not apply to a person
hunting or target shooting on a public or private shooting range.
(b) Except as provided by Subsection (d) of this section, no
person possessing a firearm may hunt a wild animal or wild bird,
or engage in target shooting on land owned by another unless the
person has in his immediate possession the written consent of the
owner of the land to hunt or engage in target shooting on the
land.
(c) To be valid, the written consent required by Subsection (b)
of this section must:
(1) contain the name of the person permitted to hunt or engage
in target shooting on the land;
(2) identify the land on which hunting or target shooting is
permitted;
(3) be signed by the owner of the land or by an agent, lessee,
or legal representative of the owner; and
(4) show the address and phone number of the person signing the
consent.
(d) The owner of the land on which hunting or target shooting
occurs, the landowner's lessee, agent, or legal representative,
and a person hunting or target shooting with the landowner or the
landowner's lessee, agent, or legal representative are not
required to have in their possession the written consent required
by Subsection (b) of this section.
(e) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110,
eff. Sept. 1, 1985.
Added by Acts 1981, 67th Leg., p. 989, ch. 371, Sec. 1, eff. Aug.
31, 1981. Amended by Acts 1983, 68th Leg., p. 4590, ch. 773, Sec.
1, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 267, art. 3,
Sec. 110, eff. Sept. 1, 1985; Acts 2001, 77th Leg., ch. 669, Sec.
116, eff. Sept. 1, 2001.
Sec. 62.0121. DISCHARGE OF FIREARM ACROSS PROPERTY LINE. (a)
In this section, "firearm" has the meaning assigned by Section
62.014(a).
(b) A person commits an offense if:
(1) the person, while hunting or engaging in recreational
shooting, knowingly discharges a firearm; and
(2) the projectile from the firearm travels across a property
line.
(c) It is a defense to prosecution under this section that the
person:
(1) owns the property on both sides of each property line
crossed by the projectile; or
(2) has a written agreement with any person who owns property on
either side of each property line crossed by the projectile that
allows the person to discharge a firearm on, over, or across the
property or property line.
(d) The written agreement required under Subsection (c)(2) must:
(1) contain the name of the person allowed to hunt or engage in
recreational shooting in a manner described by Subsection (b);
(2) identify the property on either side of the property line
crossed by the projectile; and
(3) be signed by any person who owns the property on either side
of the line crossed by the projectile.
(e) An offense under this section is a Class C Parks and
Wildlife Code misdemeanor.
(f) If conduct constituting an offense under this section
constitutes an offense under a section of the Penal Code, the
person may be prosecuted under either section or both sections.
Added by Acts 2005, 79th Leg., Ch.
270, Sec. 1, eff. September 1, 2005.
Sec. 62.0125. HARASSMENT OF HUNTERS, TRAPPERS, AND FISHERMEN.
(a) This section may be cited as the Sportsman's Rights Act.
(b) In this section:
(1) "Wildlife" means all species of wild mammals, birds, fish,
reptiles, or amphibians.
(2) "Process of hunting or catching" means any act directed at
the lawful hunting or catching of wildlife, including camping or
other acts preparatory to hunting or catching of wildlife that
occur on land or water on which the affected person has the right
or privilege of hunting or catching that wildlife.
(c) No person may intentionally interfere with another person
lawfully engaged in the process of hunting or catching wildlife.
(d) No person may intentionally harass, drive, or disturb any
wildlife for the purpose of disrupting a person lawfully engaged
in the process of hunting or catching wildlife.
(e) No person may enter or remain on public land or enter or
remain on private land without the landowner's or his agent's
consent if the person intends to disrupt another person lawfully
engaged in the process of hunting or catching wildlife.
(f) This section does not apply to a peace officer of this
state, a law enforcement officer of the United States, a member
of the armed forces of the United States or of this state, or
employees of the department or other state or federal agencies
having statutory responsibility to manage wildlife or land during
the time that the officer, member, or employee is in the actual
discharge of official duties.
(g) A person who violates this section commits an offense. An
offense under this section is a Class B misdemeanor.
(h) It is an affirmative defense to prosecution that the
defendant's conduct is protected by the right to freedom of
speech under the constitution of this state or the United States.
Added by Acts 1985, 69th Leg., ch. 731, Sec. 1, eff. Aug. 26,
1985. Amended by Acts 1993, 73rd Leg., ch. 700, Sec. 1, eff.
Sept. 11, 1993.
Sec. 62.013. PENALTIES. (a) Except as provided by Subsections
(b) and (c) of this section, a person who violates a provision of
this subchapter commits an offense that is a Class C Parks and
Wildlife Code misdemeanor.
Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.
989, Sec. 3
(b) A person who violates Section 62.003, 62.004, 62.005,
62.0065, or 62.011(c), or a rule adopted under Section 62.0065
commits an offense that is a Class A Parks and Wildlife Code
misdemeanor, unless it is shown at the trial of the defendant for
a violation of that section or rule, as appropriate, that the
defendant has been convicted one or more times before the trial
date of a violation of that section or rule, as appropriate, in
which case the offense is a Parks and Wildlife Code state jail
felony.
Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.
1156, Sec. 1
(b) A person who violates Section 62.003, 62.004, 62.005,
62.011(c), or 350.001 commits an offense that is a Class A Parks
and Wildlife Code misdemeanor, unless it is shown at the trial of
the defendant for a violation of that section that the defendant
has been convicted one or more times before the trial date of a
violation of that section, in which case the offense is a Parks
and Wildlife Code state jail felony.
Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.
989, Sec. 3
(c) In addition to the punishments provided in Subsections (a)
and (b), a person who violates Section 62.003, 62.004, 62.005,
62.0065, or 62.011(c), or a rule adopted under Section 62.0065 is
punishable by the revocation or suspension under Section 12.5015
of hunting and fishing licenses and permits.
Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.
1156, Sec. 1
(c) In addition to the punishments provided in Subsections (a)
and (b), a person who violates Section 62.003, 62.004, 62.005,
62.011(c), or 350.001 is punishable by the revocation or
suspension under Section 12.5015 of hunting and fishing licenses
and permits.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 43, eff.
Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 738, Sec. 1,
eff. Sept. 1, 1989; Acts 1999, 76th Leg., ch. 959, Sec. 8, eff.
Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
989, Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1156, Sec. 1, eff. September 1, 2005.
Sec. 62.014. HUNTER EDUCATION PROGRAM. (a) In this section:
(1) "Firearm" means any device designed, made, or adapted to
expel a projectile through a barrel by using the energy generated
by an explosion or burning substance or any device readily
convertible to that use.
(2) "Archery equipment" means a long bow, recurved bow, or
compound bow.
(b) The department may establish and administer a statewide
hunter education program. The program must include but is not
limited to instruction concerning:
(1) the safe handling and use of firearms, archery equipment,
and crossbows;
(2) wildlife conservation and management;
(3) hunting laws and applicable rules and regulations; and
(4) hunting safety and ethics, including landowners' rights.
(c) The department shall issue a certificate to a person who has
successfully completed a hunter education course. The department
shall prescribe the form of the certificate.
(d) If funds are available for its implementation the commission
may establish a mandatory hunter education program and may
require a person to have successfully completed a training course
before the person may hunt with firearms, archery equipment as
defined in Subsection (a) of this section, or crossbows in Texas.
If the certificate is so required, the person must possess the
certificate or other evidence of completion of the program while
hunting with firearms, archery equipment as defined in Subsection
(a) of this section, or crossbows. The commission may provide
that residents or nonresidents who have successfully completed
the same or a comparable hunter education course and possess a
certificate or other evidence of completion have satisfied the
requirements imposed under this subsection. The commission may
establish a minimum age for participation in the program. Those
persons who cannot participate in the hunter education program
because they do not meet the minimum age or other requirements
established by the commission can only hunt with firearms,
archery equipment as defined in Subsection (a) of this section,
or crossbows in Texas if they are accompanied by a person who is
17 years of age or older and licensed to hunt in Texas.
Additionally, a person under 17 years of age hunting with a
person licensed to hunt in Texas who is 17 years of age or older
is not required to have certification under this Act.
The commission may implement the program by age group. Persons
who are 17 years of age or older on September 1, 1988, or on the
date on which a mandatory hunter education course is implemented,
whichever is later, are exempt from the requirements imposed
under this subsection.
The department is responsible for offering mandatory hunter
education courses that are accessible to those persons required
to take this course. To this end, the department shall provide
hunter education opportunities in each county of the state when a
substantial number of residents request a class or at least once
a year.
(e) The commission may maximize the utilization of volunteer
instructors to minimize the costs of the course and is authorized
to charge a fee not to exceed $15 to defray administrative costs.
Fees collected under this subsection, less any instructor
expenses approved by the department, shall be deposited to the
credit of the game, fish, and water safety account. The
commission by rule may establish a procedure to allow a volunteer
instructor to retain an amount from the fees collected by the
instructor under this subsection to cover the instructor's actual
and necessary out-of-pocket expenses.
(f) The department shall determine qualifications for
instructors in the hunter education program and shall recruit,
train, and certify instructors for the program.
(g) The department may cooperate with educational institutions,
local governments, individuals, or organizations interested in
hunter education in administering this section. The department
may accept gifts, grants, and donations to be used in
administering this section.
(h) The commission shall adopt rules to implement the hunter
education program.
(i) The commission may establish an incentive program to
encourage citizens to participate in the program as instructors.
(j) A person who violates any provision of this section or any
proclamation or regulation of the commission issued under the
authority of this section commits an offense.
(k) If the commission requires a person to possess a certificate
issued under this section and if the person is charged with a
Class C Parks and Wildlife Code misdemeanor for failing to
possess the required certificate, the person may present to the
court not later than the 10th day after the date of the alleged
offense an oral request or written motion to take a hunter safety
training course.
(l) If a person requests a hunter safety training course as
provided by Subsection (d) of this section, the court shall defer
proceedings and allow the person 90 days to present written
evidence that, after being charged with failure to possess the
certificate, the person has successfully completed a hunter
safety training course approved by the department. If a person
successfully completes the course and the evidence presented is
accepted by the court, the court shall dismiss the charge.
(m) It is a defense to prosecution under this section for
failure to possess a certificate that the person charged produces
in court a certificate issued to that person that was valid on
the date of the alleged offense.
Added by Acts 1987, 70th Leg., ch. 276, Sec. 1, eff. Aug. 31,
1987. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 43, eff.
Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 732, Sec. 1, eff. Sept.
1, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 84, 85, eff. Sept.
1, 1997.
Sec. 62.015. HUNTING AND POSSESSION OF EXOTIC ANIMALS. (a) In
this section, "exotic animal" means exotic livestock or exotic
fowl as defined by Section 161.001(a), Agriculture Code, aoudad
sheep, or elk.
(b) No person on a public road or on the right-of-way of a
public road may hunt an exotic animal.
(c) No person may hunt on the land of another for an exotic
animal without the express consent of the owner of the land to
hunt for exotic animals.
(d) Except as provided in Subsections (e) and (f) of this
section, no person may possess an exotic animal or the carcass of
an exotic animal.
(e) Subsection (d) of this section does not apply to the owner
or employee of the owner of the exotic animal, a person who holds
a permit for the management of wildlife or exotic animals by the
use of aircraft under Subchapter G, Chapter 43, of this code, a
public health officer, a law enforcement officer, or a
veterinarian.
(f) It is an affirmative defense to a prosecution under
Subsection (d) of this section that the person possessed the
exotic animal or the carcass of the exotic animal with the
knowledge and consent of the owner.
(g) A person who violates this section commits an offense that
is a Class A Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 477, Sec. 1, eff. Aug. 26,
1985. Renumbered from Sec. 62.013 by Acts 1989, 71st Leg., ch. 2,
Sec. 16.01(28), eff. Aug. 28, 1989. Amended by Acts 1991, 72nd
Leg., ch. 424, Sec. 2, eff. Sept. 1, 1991; Acts 1995, 74th Leg.,
ch. 969, Sec. 12, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch.
863, Sec. 6, eff. Sept. 1, 1997.
Sec. 62.016. COMPETITIVE HUNTING DOG EVENTS. The department may
permit a person to hold or participate in a competitive hunting
dog field trial, in an area controlled by the department and
designated by the commission as a public hunting area if:
(1) a participant in the event is prohibited from:
(A) using a firearm in the event; or
(B) taking the wildlife that is the object of the event; and
(2) the event does not deter other persons from hunting during a
designated hunting season.
Added by Acts 1995, 74th Leg., ch. 372, Sec. 1, eff. Aug. 28,
1995.
Sec. 62.017. DISPOSITION OF SEIZED PROPERTY. (a) If a person
is finally convicted of an offense under Section 61.022, 62.003,
62.004, 62.005, 62.0065, or 62.011(c), or violation of a rule
adopted under Section 62.0065, the court entering judgment of
conviction may order any weapon or other personal property used
in the commission of the offense or violation destroyed or
forfeited to the department.
(b) If the department receives a forfeiture order from a court
as authorized by this section, the department may:
(1) use the property in its normal operation;
(2) sell or transfer the property; or
(3) destroy the property.
(c) This section does not apply to a vehicle, aircraft, vessel,
or dog.
(d) If the disposition of property under this section is by sale
of the property, the sale proceeds shall be deposited in the
game, fish, and water safety account.
Added by Acts 1999, 76th Leg., ch. 851, Sec. 3, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 959, Sec. 9, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 15.001, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
989, Sec. 4, eff. September 1, 2005.
SUBCHAPTER B. SALE, TRANSPORTATION, AND STORAGE OF GAME
Sec. 62.021. SALE OR PURCHASE OF CERTAIN GAME. (a) Except as
provided by Subsection (c), no person may sell, offer for sale,
purchase, offer to purchase, or possess after purchase a wild
bird, game bird, or game animal, dead or alive, or part of the
bird or animal.
(b) This section applies only to a bird or animal protected by
this code without regard to whether the bird or animal is taken
or killed in this state.
(c) This section does not prohibit the sale of:
(1) a live game animal, a dead or live game bird, or the
feathers of a game bird if the sale is conducted under authority
of a license or permit issued under this code; or
(2) the following inedible parts:
(A) an inedible part, including the feathers, bones, or feet, of
a game bird other than a migratory game bird that was lawfully
taken or is lawfully possessed;
(B) the hair, hide, antlers, bones, horns, skull, hooves, or
sinew, as applicable, of a deer, pronghorn antelope, desert
bighorn sheep, collared peccary or javelina, red squirrel, or
gray squirrel; or
(C) the feathers of a migratory game bird in accordance with
federal law.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2699, ch. 735, Sec. 5,
eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 267, art. 3, Sec.
44, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 86,
eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
952, Sec. 12, eff. September 1, 2009.
Sec. 62.023. SALE BY TAXIDERMIST. (a) If the owner of a
lawfully taken game animal or game bird, including the head or
hide of a lawfully taken game animal or game bird that has been
mounted or tanned, has not claimed the mounted game animal, game
bird, or head or the tanned hide within 90 days after
notification by a taxidermist or tanner, the taxidermist or
tanner may sell the mounted game animal, game bird other than a
migratory game bird, or head or tanned hide for the amount due
for labor performed.
(b) Repealed by Acts 2005, 79th Leg., Ch. 992, Sec. 32(2), eff.
June 18, 2005.
(c) A taxidermist or tanner selling a mounted game animal, game
bird, or head or tanned hide under this section shall maintain,
until the second anniversary of the completion of the taxidermy
or tanning, documentation of the identity of the person who left
the game animal, game bird, head, or hide for taxidermy or
tanning. Documentation under this section may include a hunting
tag, wildlife resource document, or cold storage record.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Amended by:
Acts 2005, 79th Leg., Ch.
992, Sec. 24, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch.
992, Sec. 32(2), eff. June 18, 2005.
Sec. 62.024. IMPORTATION OF GAME. No person may bring into this
state any bird or animal protected by this code during the closed
season for that bird or animal except as provided by this code.
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. 45,
eff. Sept. 1, 1985.
Sec. 62.025. IMPORTATION OF GAME. No person may bring into this
state a bird or animal protected by this code for sale, barter,
exchange, or shipment for sale during the open season for that
bird or animal except as provided in Section 62.026 of this code.
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. 46,
eff. Sept. 1, 1985.
Sec. 62.026. IMPORTATION OF PROTECTED WILDLIFE FROM MEXICO. (a)
It is lawful to ship or bring any wild game birds, wild game
animals, or other protected species of wildlife from the Republic
of Mexico into this state at any season if the person importing
the wildlife has obtained:
(1) Repealed by Acts 1979, 66th Leg., p. 550, ch. 260, art. 5,
Sec. 1(1), eff. Sept. 1, 1979.
(2) a statement from the United States Customs Officer at the
port of entry showing that the wildlife was brought from the
Republic of Mexico.
(b) to (d) Repealed by Acts 1979, 66th Leg., p. 550, ch. 260,
art. 5, Sec. 1(1), eff. Sept. 1, 1979.
(e) The department may prescribe reasonable rules and
regulations for the importation of wild game birds, wild game
animals, and other protected species of wildlife, and the number
of each species that may be imported during a calendar week under
this section.
(f) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110,
eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1979, 66th Leg., p. 550, ch. 260, art. 5,
Sec. 1(1), eff. Sept. 1, 1979; Acts 1985, 69th Leg., ch. 267,
art. 3, Sec. 110, eff. Sept. 1, 1985.
Sec. 62.0265. TRANSPORTATION OF WILD ANIMALS AND BIRDS. (a) A
person may transport or ship to and from a taxidermist or tannery
for mounting or preserving purposes or to his home, a specimen or
part of a specimen of a wild bird or wild animal of this state,
if the bird or animal was lawfully taken by the person, and if
the specimen is not for sale.
(b) This section does not prohibit the transportation of a
specimen and parts of a specimen as permitted under Sections
62.021 and 62.022 of this code.
Added by Acts 1977, 65th Leg., p. 610, ch. 221, Sec. 1, eff. May
24, 1977.
Sec. 62.029. RECORDS OF GAME IN COLD STORAGE OR PROCESSING
FACILITY. (a) In this section:
(1) "Carcass" has the meaning assigned by Section 42.001.
(2) "Cold storage or processing facility" has the meaning
assigned by Section 42.001.
(3) "Hunting lease" has the meaning assigned by Section 43.041.
(4) "Private cold storage or processing facility" means a cold
storage or processing facility that is not available for use by
the public.
(5) "Quartering" has the meaning assigned by Section 42.001.
(b) The owner, operator, or lessee of a cold storage or
processing facility shall maintain a book containing a record of:
(1) the name, address, and hunting license number of each person
who killed a game bird or game animal that is placed in the
facility;
(2) the name and address of each person who places a game bird
or game animal in the facility, if different from the person who
killed the bird or animal;
(3) the number and kind of game birds or game animals placed in
the facility; and
(4) the date on which each game bird or game animal is placed in
the facility.
(c) The owner, operator, or lessee shall enter all information
into the book as required by this section before placing in
storage or processing any game animal or game bird.
(d) The cold storage or processing facility record book shall be
kept at the facility and may be inspected by an authorized
employee of the department during business hours or at any other
reasonable time.
(e) Each cold storage or processing facility record book shall
be kept at the facility until the first anniversary of the date
of the last entry in the book.
(f) This section does not apply to a private, noncommercial,
family-owned cold storage or processing facility unless the
facility is located on a hunting lease and is made available to
individuals other than the landowner, the landowner's nonpaying
family members, or the landowner's nonpaying guests.
(g) This section does not require the entry or maintenance of a
record for the carcass of a deer or antelope that is properly
tagged and is placed in a private cold storage or processing
facility.
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. 110,
eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 87, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 558, Sec. 2, eff. Sept.
1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
218, Sec. 2, eff. September 1, 2009.
Sec. 62.030. POSSESSION OF GAME IN COLD STORAGE OR PROCESSING
FACILITY. A person may place and maintain, or possess, in a cold
storage or processing facility lawfully killed game birds and
game animals not in excess of the number permitted to be
possessed by law.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 88, eff.
Sept. 1, 1997.
Sec. 62.031. INSPECTIONS OF FACILITIES. (a) Authorized
employees of the department may enter and inspect a cold storage
or processing facility or other place, including taxidermist
shops and tanneries, where protected wildlife are stored.
(b) In this section "protected wildlife" means game animals,
game birds, nongame animals, and nongame birds that are the
subject of any protective law or regulation of this state or the
United States.
(c) Inspections under this section may be made during normal
business hours or at any other reasonable time.
Added by Acts 1977, 65th Leg., p. 611, ch. 221, Sec. 3, eff. May
24, 1977. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 89,
eff. Sept. 1, 1997.
Sec. 62.032. PENALTIES. (a) Except as provided by Subsection
(b) of this section, a person who violates a provision of this
subchapter or a rule adopted under this subchapter commits an
offense that is a Class C Parks and Wildlife Code misdemeanor.
(b) If it is shown at the trial of the defendant for a violation
of Section 62.021 of this code that he has been convicted within
five years before the trial date of a violation of that section,
on conviction he shall be punished for a Class B Parks and
Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 48, eff.
Sept. 1, 1985.
SUBCHAPTER D. HUNTING IN STATE PARKS
Sec. 62.061. PROHIBITED ACTS. Except as authorized by the
commission under this subchapter, no person may hunt a wild
animal, wild bird, or wild fowl in a state park, fort, or
historic site under the jurisdiction of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 62.062. SEASON. (a) As sound biological management
practices warrant and until August 31, 1995, the commission may
prescribe an open season for hunting in state parks, forts, or
sites where size, location, and other physical conditions permit
hunting.
(b) After August 31, 1995, as sound biological practices
warrant, and after it has established a classification system for
parks in accordance with Section 13.001(b) of this code, the
commission may prescribe an open season for recreational hunting
in state parks, forts, or sites where size, location, physical
conditions, safety, and other uses permit hunting.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 350, ch. 139, Sec. 2,
eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 267, art. 1, Sec.
77, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 217, Sec. 2,
eff. May 18, 1993.
Sec. 62.063. REGULATORY AUTHORITY. The commission may prescribe
the number, size, kind, and sex and the means and methods of
taking any wildlife during an open season in a state park, fort,
or historic site.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 62.0631. SEA RIM STATE PARK. (a) The commission may
provide an open season for recreational hunting in Sea Rim State
Park that is not inconsistent with sound biological management
practices normally exercised to protect or utilize the wildlife
resources occurring therein.
(b) The regulations of the commission under this section may not
provide for a longer season, a greater seasonal or daily bag
limit, or less restrictive means or methods of taking any
wildlife resource than are provided in the regulations of the
commission promulgated under the Wildlife Conservation Act of
1983 (Chapter 61 of this code), and Subchapter C, Chapter 64, of
this code for the same year applicable to the remainder of
Jefferson County.
(c) The limitations provided in Subsections (a) and (b) of
Section 62.062 of this code do not apply to the regulations of
the commission under this section.
Added by Acts 1981, 67th Leg., p. 350, ch. 139, Sec. 1, eff. Aug.
31, 1981. Amended by Acts 1983, 68th Leg., p. 33, ch. 9, art. II,
Sec. 1, eff. Aug. 29, 1983.
Sec. 62.066. MANAGEMENT OF RESOURCES. The commission may direct
the service or division of the department charged with the
management of wildlife resources to manage the aquatic and
wildlife resources found in state parks, forts, or historic
sites.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 62.067. GENERAL HUNTING LICENSE. The provisions of this
subchapter do not waive the requirement of a hunting license
under this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 62.068. ARREST. A peace officer, game warden, or
commissioned state park employee may arrest without warrant a
person found committing a violation of this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Amended by:
Acts 2005, 79th Leg., Ch.
992, Sec. 25, eff. June 18, 2005.
Sec. 62.069. 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. 49,
eff. Sept. 1, 1985.
SUBCHAPTER E. WEAPONS ON LOWER COLORADO RIVER AUTHORITY LAND
Sec. 62.081. WEAPONS PROHIBITED. Except as provided in Section
62.082 of this code, no person may hunt with, possess, or shoot a
firearm, bow, crossbow, slingshot, or any other weapon on or
across the land of the Lower Colorado River Authority.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 62.082. TARGET RANGES, MANAGED HUNTS, AND OTHER EXCEPTIONS;
RULES. (a) The Board of Directors of the Lower Colorado River
Authority may lease river authority land to be used on a
nonprofit basis for a target rifle or archery range.
(b) A member of the boy scouts or the girl scouts or other
nonprofit public service group or organization may possess and
shoot a firearm, bow, and crossbow for target or instructional
purposes under the supervision of a qualified instructor
registered with and approved by the Lower Colorado River
Authority on ranges designated by the Lower Colorado River
Authority.
(c) The Board of Directors of the Lower Colorado River Authority
may authorize lawful hunting on Lower Colorado River Authority
lands, consistent with sound biological management practices.
(d) Section 62.081 does not apply to:
(1) an employee of the Lower Colorado River Authority;
(2) a person authorized to hunt under Subsection (c);
(3) a peace officer as defined by Article 2.12, Code of Criminal
Procedure; or
(4) a person who:
(A) possesses a concealed handgun and a license issued under
Subchapter H, Chapter 411, Government Code, to carry a concealed
handgun of the same category as a handgun the person is carrying;
or
(B) under circumstances in which the person would be justified
in the use of deadly force under Chapter 9, Penal Code, shoots a
handgun of the same category as a handgun the person is licensed
to carry under Subchapter H, Chapter 411, Government Code.
(e) A state agency, including the department, the Department of
Public Safety, and the Lower Colorado River Authority, may not
adopt a rule that prohibits a person who possesses a license
issued under Subchapter H, Chapter 411, Government Code, from
entering or crossing the land of the Lower Colorado River
Authority while:
(1) possessing a concealed handgun of the same category as a
handgun the person is licensed to carry; or
(2) under circumstances in which the person would be justified
in the use of deadly force under Chapter 9, Penal Code, shooting
a handgun of the same category as a handgun the person is
licensed to carry.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 90, eff.
Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
375, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
375, Sec. 2, eff. September 1, 2007.
Sec. 62.083. APPROVED INSTRUCTOR AND RANGE RECORDS. The Lower
Colorado River Authority shall maintain in its Austin office a
current listing of approved and registered instructors and a map
indicating the location of the designated ranges. The records
shall be made available on request to enforcement officers and
county attorneys.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 62.084. PENALTY. A person who violates Section 62.081 of
this code 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. 50,
eff. Sept. 1, 1985.
SUBCHAPTER F. UNLAWFUL CONTROLLED KILLING OF OR ATTEMPTING TO
INJURE DANGEROUS WILD ANIMALS
Sec. 62.101. DEFINITIONS. In this subchapter:
(1) "Captivity" means the state of being held under control or
kept caged or penned.
(2) "Dangerous wild animal" means a lion, tiger, leopard,
cheetah, hyena, bear, elephant, wolf, or rhinoceros and includes
any species, subspecies, or hybrid of any of those animals.
(3) "Hybrid" means an offspring of two animals of different
breeds, species, or genera.
(4) "Lion" means African and Asiatic lion.
(5) "Sanctuary" means a place of refuge where abused, neglected,
unwanted, impounded, abandoned, orphaned, or displaced dangerous
wild animals are provided care for their lifetime or until
released back to their natural habitat.
Added by Acts 1995, 74th Leg., ch. 23, Sec. 1, eff. Sept. 1,
1995.
Sec. 62.102. CONTROLLED KILLING OF OR ATTEMPTING TO INJURE
DANGEROUS WILD ANIMAL PROHIBITED. No person may:
(1) kill or attempt to injure a dangerous wild animal that is:
(A) in captivity in this state; or
(B) released from captivity in this state for the purpose of
being killed; or
(2) conduct, promote, assist, or advertise an activity
prohibited by Subdivision (1).
Added by Acts 1995, 74th Leg., ch. 23, Sec. 1, eff. Sept. 1,
1995.
Sec. 62.103. UNLAWFUL CONTROLLED KILLING; CERTAIN COMMERCIAL
ACTIVITY PROHIBITED. No person may:
(1) sell or offer for sale, or transport or consign for
transportation in this state, including interstate commerce in
this state, a dangerous wild animal that is to be used for
controlled killing prohibited by Section 62.102(1); or
(2) sell or offer for sale a part of or a product made from a
dangerous wild animal that is used in a controlled kill
prohibited by Section 62.102(1).
Added by Acts 1995, 74th Leg., ch. 23, Sec. 1, eff. Sept. 1,
1995.
Sec. 62.104. SEIZURE OF DANGEROUS WILD ANIMAL OR CARCASS, HIDE,
PART OR PRODUCT. (a) A peace officer may seize a live dangerous
wild animal or a carcass, hide, or part of or a product made from
a dangerous wild animal if the officer has probable cause to
believe that the live animal, carcass, hide, part, or product
possessed by a person was killed, wounded, or injured in, or
obtained as a result of, a controlled kill prohibited by Section
62.102(1).
(b) The commission shall adopt rules for the final disposition
of a carcass, hide, part, product, or live animal seized under
this section.
(c) The department, a game warden, or other department employee
authorized to act under this section is immune from criminal or
civil liability and from prosecution or civil suit for a seizure
conducted under this section or rules adopted under this section.
Added by Acts 1995, 74th Leg., ch. 23, Sec. 1, eff. Sept. 1,
1995.
Sec. 62.105. AUTHORITY OF LOCAL GOVERNMENT. This subchapter
does not restrict the authority of a local government to regulate
the possession of a dangerous wild animal if the regulation does
not conflict with this subchapter.
Added by Acts 1995, 74th Leg., ch. 23, Sec. 1, eff. Sept. 1,
1995.
Sec. 62.106. EXCEPTIONS. (a) This subchapter does not apply to
a peace officer or other employee of a municipality, a county, or
this state, or a person acting at the direction of such an
officer or employee, who, while acting in an official capacity or
at the direction of such an officer or employee acting in an
official capacity, injures or kills a dangerous wild animal that
the officer or employee reasonably believes to present, under the
circumstances, the possibility of danger to the public. A person
described by this subsection is immune from criminal or civil
liability and from prosecution or civil suit for causing injury
or death to the animal.
(b) This subchapter does not apply to a licensed veterinarian or
an employee of a sanctuary exempt from federal taxation under
Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
Section 501) or of a facility accredited by the Association of
Zoos and Aquariums, who, while in the course of such employment,
humanely euthanizes a dangerous wild animal to eliminate the
suffering of that animal due to illness or injury. A person
described by this subsection is immune from criminal or civil
liability and from prosecution or civil suit for causing injury
or death to the animal.
Added by Acts 1995, 74th Leg., ch. 23, Sec. 1, eff. Sept. 1,
1995.
Sec. 62.107. CRIMINAL PENALTY. A person who violates this
subchapter commits an offense that is a Class A Parks and
Wildlife Code misdemeanor, unless it is shown at the trial of the
defendant for a violation of this subchapter that the defendant
has been convicted one or more times before the trial date of a
violation of this subchapter, in which case the offense is a
Parks and Wildlife Code felony.
Added by Acts 1995, 74th Leg., ch. 23, Sec. 1, eff. Sept. 1,
1995.