CHAPTER 63. GAME AND NONGAME ANIMALS
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE B. HUNTING AND FISHING
CHAPTER 63. GAME AND NONGAME ANIMALS
SUBCHAPTER A. GAME ANIMALS
Sec. 63.001. GAME ANIMALS. (a) The following animals are game
animals: mule deer, white-tailed deer, pronghorn antelope, desert
bighorn sheep, gray or cat squirrels, fox squirrels or red
squirrels, and collared peccary or javelina.
(b) No species of any animal set out in Subsection (a) of this
section or any other animal is a game animal if it is not
indigenous to this state.
(c), (d) Repealed by Acts 1997, 75th Leg., ch. 863, Sec. 8, eff.
Sept. 1, 1997.
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. 6,
eff. Aug. 31, 1981; Acts 1987, 70th Leg., ch. 35, Sec. 1, eff.
Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1256, Sec. 8, eff. Sept.
1, 1997.
Sec. 63.002. POSSESSION OF LIVE GAME ANIMALS. No person may
possess a live game animal in this state for any purpose not
authorized by this code.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 91, eff. Sept. 1,
1997.
SUBCHAPTER B. NONGAME ANIMALS
Sec. 63.101. PROTECTION OF BATS. (a) Except as provided by
Subsections (b) and (c), no person may:
(1) hunt a bat; or
(2) sell, offer for sale, purchase, offer to purchase, or
possess after purchase a bat or any part of a bat, dead or alive.
(b) A bat may be removed or hunted if the bat is inside or on a
building occupied by people.
(c) This section does not apply to:
(1) an animal control officer, a peace officer, or a health
official who captures a bat that the officer or official
considers injured or diseased;
(2) a person who transports a bat for the purpose of laboratory
testing if the bat has exposed or potentially exposed humans or
domestic animals to rabies; or
(3) a person who is licensed to provide pest control services.
Added by Acts 2001, 77th Leg., ch. 363, Sec. 1, eff. Sept. 1,
2001.
Sec. 63.102. WOLVES. (a) No person may possess, transport,
receive, or release a live wolf in this state.
(b) Subsection (a) does not apply to the transportation of a
wolf by a state or county official while performing an official
duty or to the possession or transportation of a wolf by the
owner or agent of a licensed circus, zoo, or menagerie for
exhibition or scientific purposes.
(c) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110,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. 63.103. SALE OF CERTAIN LIVE ANIMALS. (a) No person may
sell or possess for the purpose of sale in this state a living
armadillo.
(b) This section does not apply to:
(1) the sale of an animal by or to a zoo;
(2) the sale of an animal to an educational institution or a
medical or research center for scientific purposes as authorized
by a permit issued under Subchapter C, Chapter 43, of this code;
or
(3) the sale to a commercial dealer who in turn resells for
purposes authorized in Subdivisions (1) and (2) of this
subsection.
(c) In this section, "zoo" means a publicly or privately owned
establishment that has a permanent place of business open to the
public and that displays 15 or more different species of
wildlife.
(d) A peace officer who has probable cause to believe that an
animal has been sold or held for sale in violation of Subsection
(a) of this section may seize the animal and hold it for
observation to determine if the animal has rabies or any other
communicable disease harmful to man or other animals. If the
animal is free from disease, the officer may release the animal
or, if the animal is otherwise dangerous or harmful, may destroy
it. If the animal is diseased, it shall be destroyed. An officer
exercising the duties under this section is immune from
liability.
(e) A person who violates Subsection (a) of this section, in
addition to the penalties under Section 63.104 of this code, on
conviction shall pay all costs and expenses incurred under
Subsection (d) of this section.
Added by Acts 1979, 66th Leg., p. 386, ch. 177, Sec. 1, eff. Aug.
27, 1979. Amended by Acts 1981, 67th Leg., p. 2741, ch. 748, Sec.
5, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 267, art. 3,
Sec. 51, eff. Sept. 1, 1985.
Sec. 63.104. PENALTIES. (a) A person who violates Section
63.102 of this code commits an offense that is a Parks and
Wildlife Code felony.
(b) A person who violates Section 63.103 of this code commits an
offense that is a Class B Parks and Wildlife Code misdemeanor.
(c) A person who violates Section 63.002 or 63.101 of this code
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 52, eff.
Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 354, Sec. 1,
eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 363, Sec. 2, eff.
Sept. 1, 2001.