PARKS AND WILDLIFE CODE
CHAPTER 12. POWERS AND DUTIES CONCERNING WILDLIFE
SUBCHAPTER A. GENERAL POWERS AND DUTIES
§ 12.001. GENERAL DUTIES. (a) The department shall
administer the laws relating to game, fish, oysters, and marine
life, as set out in this code.
(b) The department may:
(1) collect and enforce the payment of all taxes,
licenses, fines, and forfeitures due to the department;
(2) inspect all products required to be taxed by the
laws relating to game, fish, oysters, and marine life and verify the
weights and measures of the products;
(3) examine on request all streams, lakes, and ponds
for the purpose of stocking with fish best suited to the locations;
(4) manage the propagation and distribution of fish in
state fish hatcheries; and
(5) manage the propagation and distribution of birds
and game in state reservations.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 12.0011. RESOURCE PROTECTION. (a) The department is
the state agency with primary responsibility for protecting the
state's fish and wildlife resources.
(b) The department's resource protection activities
include:
(1) investigating fish kills and any type of pollution
that may cause loss of fish or wildlife resources, taking necessary
action to identify the cause and party responsible for the fish kill
or pollution, estimating the monetary value of lost resources, and
seeking restoration through presentation of evidence to the agency
responsible for permitting or through suit in county or district
court;
(2) providing recommendations that will protect fish
and wildlife resources to local, state, and federal agencies that
approve, permit, license, or construct developmental projects;
(3) providing information on fish and wildlife
resources to any local, state, and federal agencies or private
organizations that make decisions affecting those resources; and
(4) providing recommendations to the Texas Department
of Water Resources on scheduling of in-stream flows and freshwater
inflows to Texas estuaries for the management of fish and wildlife
resources.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 23, eff. Sept.
1, 1985.
§ 12.003. RECORDS. (a) The department shall keep a
record containing the following information:
(1) the amount of all special taxes collected;
(2) a list of all licenses issued and the amount of
license fees collected;
(3) a list of all certificates issued for location of
private oyster beds, the date of the certificate and application,
when and how the applications were executed, and the manner in which
the bottoms were examined and the amount of rent collected for the
location;
(4) all stock fish furnished, to whom the fish were
furnished, and the cost of the stock fish;
(5) all streams, lakes, or ponds stocked and the
number and kinds of fish stocked in each; and
(6) all collections and disbursements of the
department.
(b) The department shall keep an account with each person,
firm, or corporation holding certificates for the location of
private oyster beds, showing the amounts received as rents.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 12.004. LIST OF FEES AND FINES. (a) Repealed by Acts
1997, 75th Leg., ch. 1256, § 130, eff. Sept. 1, 1997.
(b) The department shall file at the end of each calendar
month a written report with the comptroller showing fines,
licenses, and other fees collected, their disposition, and any
other necessary information.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 130, eff. Sept. 1,
1997.
§ 12.005. FUNDS IN LIEU OF TAXES. (a) The department
shall expend funds to counties and school districts for assessments
in lieu of property taxes on wildlife management areas purchased
from federal funds or grants authorized by the Pittman-Robertson
Act or Dingell-Johnson Act .
(b) No general revenue funds may be expended in lieu of
taxes for wildlife management areas; however, special funds may be
expended for this purpose provided reimbursement or matching from
the federal government is available at a federal ratio of two to one
or better.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 12.006. PUBLICATIONS ON WILDLIFE VALUES AND
MANAGEMENT. (a) The department may provide or sell information,
including books, magazines, photographs, prints, and bulletins, to
the public about wildlife values and management.
(b) The department may receive royalties on
department-owned materials that are sold or supplied to others by
the department for publication.
(c) The department may enter into contractual agreements
for publication of information concerning wildlife values and
management.
(d) Money received under this section shall be deposited in
the State Treasury to the credit of the fund or account from which
expenses for the publication were paid.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 24, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 9, eff. Sept. 1,
1993.
§ 12.008. LEASING OF GRAZING OR FARMING RIGHTS: SALE OF
PRODUCTS. (a) The department may lease grazing or farming rights
on any land acquired by, and for the use of, the department as game
preserves, game sanctuaries, and game management areas. The
department may harvest and sell, or sell in place, any timber, hay,
or other product grown on land of the department when the product is
found to be in excess of wildlife management needs.
(b) The department may agree to accept consideration in lieu
of money as part or full payment for a sale or lease under this
section. The consideration in lieu of money must be materials,
supplies, or services that are needed for wildlife management
projects on any game management area administered by the
department. The materials, supplies, or services accepted in lieu
of money may be assigned a value no greater than that which the
department would have been authorized to pay for them in a bona fide
purchase.
(c) The State Purchasing and General Services Commission
shall execute any sale of products under this section under the
general law governing the sale of state property; however, the
department shall determine the quantity of products to be offered
for sale and the consideration in lieu of money to be received under
the sale. The department may lease grazing or farming rights under
this section. In leasing the rights, the department must follow a
competitive bidding procedure.
(d) All money derived from a sale or lease under this
section shall be deposited in the state treasury to the credit of
the game, fish, and water safety account.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art. 3, § 1,
eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 2885, ch. 491, § 1,
eff. Aug. 29, 1983; Acts 1991, 72nd Leg., ch. 475, § 1, 2, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 679, § 10, eff. Sept. 1,
1993.
§ 12.009. FUNDING FOR LICENSE BUYBACK PROGRAMS.
Text of section expires September 1, 2005
(a) If money is available, the department shall increase the
allocations of the license buyback programs under Sections 47.081,
77.119, and 78.111 by $2 million for the fiscal biennium beginning
September 1, 2003.
(b) The department may finance the increase in funding under
Subsection (a) by donations, grants, or any money appropriated by
the legislature or otherwise available for the programs. The
department may actively solicit donations and apply for grants to
finance the increase.
(c) This section expires September 1, 2005.
Added by Acts 2003, 78th Leg., ch. 677, § 1, eff. June 20, 2003.
§ 12.010. NOXIOUS VEGETATION PROGRAM. The department
may contract with a person not employed by the department or use the
services of department personnel for the control of noxious
vegetation in the water of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 8, eff. Sept. 1,
1997.
§ 12.011. TEACHING EQUIPMENT. On request of a
state-supported institution of higher education engaged in
teaching and research related to marine science and oceanography,
the department may transfer to the institution fish nets, seines,
motors, boats, and other marine equipment confiscated under the
authority of the game and fish laws to be used in the teaching and
research programs of the institution.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 12.013. POWER TO TAKE WILDLIFE. An employee of the
department acting within the scope of the employee's authority may
take, transport, release, and manage any of the wildlife and fish in
this state for investigation, propagation, distribution,
education, or scientific purposes.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 9, eff. Sept. 1,
1997.
§ 12.015. REGULATION OF FISH, SHELLFISH, AND AQUATIC
PLANTS. The department shall regulate the introduction and
stocking of fish, shellfish, and aquatic plants into the public
water of the state.
Added by Acts 1975, 64th Leg., p. 1219, ch. 456, § 17, eff. Sept.
1, 1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 110,
eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 637, § 7, eff.
Sept. 1, 1989.
§ 12.017. DAMAGING MARKERS. (a) No person may damage,
deface, destroy, or remove, tie up a boat to, or in any way render
inoperative or ineffective a marker, buoy, light or sound signal,
radar reflector, or daymark or any part of these devices, including
the attachment intended to hold the device in place.
(b) The fact that a device or part of a device specified in
Subsection (a) of this section may have been established by the
state in water adjacent to but outside the territorial water of the
state is not a defense against a prosecution for damaging state
property.
Added by Acts 1977, 65th Leg., p. 1126, ch. 421, § 2, eff. Aug.
29, 1977. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 2,
eff. Sept. 1, 1985.
§ 12.018. ACCEPTANCE AND DISPOSITION OF
GIFTS. (a) The department may accept a gift or donation from any
person for the purpose of funding any program or function of the
department relating to wildlife conservation.
(b) A gift or donation other than money accepted under this
section may be auctioned off or used as a prize in conjunction with
a fund-raising program or event. All proceeds of the auction or
fund-raising program or event shall be used by the department for
the purposes described by this section.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 25, eff. Sept.
1, 1985.
§ 12.019. PENALTIES. (a) Except as provided by
Subsection (b) of this section, a person who violates Section
12.015, 12.017, or 12.504 of this code or a regulation adopted under
Section 12.015 of this code 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 12.017 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.
(c) A person who violates Section 12.505 of this code
commits an offense that is a Class A Parks and Wildlife Code
misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 3, eff. Sept. 1,
1985.
§ 12.021. ANNUAL ACCOUNTING REPORT. The director or his
designee shall file annually with the governor and the presiding
officer of each house of the legislature a complete and detailed
written report accounting for all funds received and disbursed by
the department during the preceding year. The form of the annual
report and the reporting time shall be that provided in the General
Appropriations Act.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 26, eff. Sept.
1, 1985.
§ 12.024. WATER PERMIT RESPONSIBILITIES. (a) The
Texas Department of Water Resources shall furnish to the department
a copy of all permit applications to store, take, or divert water.
(b) The department shall make recommendations to the Texas
Department of Water Resources to protect fish and wildlife
resources, including permit conditions, mitigation, and schedules
of flow or releases.
(c) The department shall be, on its request, a full party in
any hearing on an application for a permit to store, take, or divert
water.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 29, eff. Sept.
1, 1985.
§ 12.025. TECHNICAL GUIDANCE TO LANDOWNERS. (a) The
department may provide technical guidance to landowners who request
information concerning fish, wildlife, nongame, and habitat
management.
(b) In setting priorities for the provision of money to a
landowner under this section, the department shall consider:
(1) the inventory developed under Section 11.103; and
(2) the priorities set under Section 11.105.
(c) The department shall support landowner education
programs and cooperate with appropriate state agencies.
(d) The department shall provide notice of Section 12.0251
to a private landowner who requests technical assistance before
entering the property to collect and record information about
animal or plant life.
(e) The commission by rule shall adopt policies, including
written guidelines for a method for providing notice under
Subsection (d) and for departmental entry onto privately owned land
to collect information described by Section 12.0251(a). The
policies and guidelines must identify the maximum information that
the department may maintain under Section 12.0251.
(f) A review or update of a record or plan produced by the
department under Section 12.0251 and maintained by the landowner or
the landowner's agent may be requested by the landowner or the
department.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 30, eff. Sept.
1, 1985. Amended by Acts 1995, 74th Leg., ch. 519, § 2, eff. Aug.
28, 1995; Acts 2001, 77th Leg., ch. 968, § 28, eff. Sept. 1,
2001.
§ 12.0251. DISCLOSURE OF INFORMATION COLLECTED DURING
TECHNICAL GUIDANCE TO PRIVATE LANDOWNER. (a) Except as provided
by this section, information is not subject to Chapter 552,
Government Code, and may not be disclosed to any person, including a
state or federal agency, if the information is collected by the
department in response to a landowner request relating to the
specific location, species identification, or quantity of any
animal or plant life that is:
(1) protected by this code; and
(2) located on private land that:
(A) is subject to a wildlife management plan
developed cooperatively with the department for private land; or
(B) is the subject of a recommendation report
prepared by the department for the landowner.
(b) The commission or the department may disclose
information described by this section only to the landowner unless:
(1) the landowner consents to full or specified
partial disclosure of information; and
(2) the consent is in writing and is attached to the
plan or recommendation report.
(c) The department may release game census, harvest,
habitat, or program information only if the information is
summarized in a manner that prevents the identification of an
individual or specific parcel of land and the landowner.
(d) The department may prepare not more than one original
record of the information collected by the department and
incorporated into a wildlife management plan, and the record
becomes the property of the landowner. The department may retain
one copy of the record. The retained copy may not be disclosed
except as provided by this section.
(e) Except as provided by this subsection, the department
shall send a copy of the information retained by the department
relating to a landowner's property to the landowner and destroy the
department's record of the information if the protected information
status assigned by this section is revoked. The department may
retain a copy of the information if the landowner consents in
writing.
(f) In this section, a reference to the department includes
a reference to an agent of the department.
(g) This section does not apply to a parcel of land that is
not privately owned.
Added by Acts 1995, 74th Leg., ch. 519, § 3, eff. Aug. 28, 1995.
Amended by Acts 2001, 77th Leg., ch. 968, § 29, eff. Sept. 1,
2001.
§ 12.026. MULTIPLE USE OF LAND. A tract of land
purchased primarily for a purpose authorized by this code may be
used for any authorized function of the department if the
commission determines that multiple use is the best utilization of
the land's resources.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 31, eff. Sept.
1, 1985.
§ 12.027. ADOPTION OF EMERGENCY RULES. If the
commission finds that there is an immediate danger to a species
authorized to be regulated by the department, the commission may
adopt emergency rules as provided by Chapter 2001, Government Code.
Added by Acts 1989, 71st Leg., ch. 924, § 1, eff. Aug. 28, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
1, 1995.
SUBCHAPTER B. ENFORCEMENT POWERS
§ 12.101. DEFINITIONS. In this subchapter:
(1) "Aircraft" means a device, including an airplane,
ultralight airplane, or helicopter, that can be used for flight in
the air.
(2) "Contraband" means:
(A) an aircraft, vehicle, firearm, or other
device used to commit a violation of Subchapter G, Chapter 43, of
this code or a regulation of the commission adopted under that
subchapter;
(B) a vessel that is not documented by the United
States Coast Guard or registered as provided by Chapter 31 and that
is used to commit an offense under Section 66.006 of this code;
(C) equipment, including a vessel, seized as
provided by Section 66.2011 of this code; or
(D) any aircraft or vessel used to commit a
second or subsequent offense under Section 61.022, 62.003, 62.004,
or 62.005.
(3) "Vessel" means watercraft, including an attached
motor, that can be used for transportation on water.
Added by Acts 1995, 74th Leg., ch. 966, § 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 959, § 1, eff. Sept. 1,
1999.
§ 12.102. INSPECTION OF WILDLIFE RESOURCES. (a) In
this section:
(1) "Residence" means a person's principal or ordinary
home or dwelling place.
(2) "Temporary residence" means a place where a person
temporarily dwells or seeks shelter. The term does not include a
hunting blind. The term does include a:
(A) hunting club or lodge;
(B) clubhouse;
(C) cabin;
(D) tent;
(E) manufactured home used as a hunting club or
lodge; and
(F) hotel room, motel room, or room in a
boardinghouse used during a hunting trip.
(3) "Wildlife resource" means any animal, bird,
reptile, amphibian, fish, or form of aquatic life or any part of an
animal, bird, reptile, amphibian, fish, or form of aquatic life the
hunting, catching, or possession of which is regulated by this
code.
(b) Except as provided by Subsection (d), a game warden or
other peace officer commissioned by the department who observes a
person engaged in an activity regulated by this code or under the
jurisdiction of the commission or reasonably believes that a person
is or has been engaged in an activity regulated by this code or
under the jurisdiction of the commission may inspect:
(1) any license, permit, tag, or other document issued
by the department and required by this code of a person hunting or
catching wildlife resources;
(2) any device that may be used to hunt or catch a
wildlife resource;
(3) any wildlife resource in the person's possession;
and
(4) the contents of any container or receptacle that
is commonly used to store or conceal a wildlife resource.
(c) Except as provided by Subsection (d), a game warden or
other peace officer commissioned by the department may inspect any
wildlife resource that has been taken by a person and is in plain
view of the game warden or other peace officer.
(d) Nothing in this section authorizes a game warden or
other peace officer commissioned by the department to conduct a
search otherwise authorized by this section:
(1) in a person's residence or temporary residence; or
(2) on a publicly maintained road or way that is:
(A) improved, designed, or ordinarily used for
vehicular traffic;
(B) open to the public; and
(C) distinguishable from a shoulder, berm, or
other area not intended for vehicular traffic.
Added by Acts 2003, 78th Leg., ch. 558, § 1, eff. Sept. 1, 2003.
§ 12.103. ENTERING LAND; USE OF INFORMATION OBTAINED BY
ENTRY; CIVIL PENALTY. (a) To enforce the game and fish laws of
the state and to conduct scientific investigations and research
regarding wild game or fish, an authorized employee of the
department may enter on any land or water where wild game or fish
are known to range or stray. No action may be sustained against an
employee of the department to prevent his entering on land or water
when acting in his official capacity as described by this
subsection.
(b) Except as provided by Subsection (d), the department may
use information collected by an employee of the department on
privately owned land only for the purposes of scientific
investigations and research described in Subsection (a) and only if
authorized in writing by the landowner or the landowner's agent.
Unless the department first obtains the written consent of the
landowner or the landowner's agent, the department may not:
(1) use other incidental information obtained on the
land that does not pertain directly to the investigation or
research authorized under Subsection (a); or
(2) enter or permit the entry of any information that
does not pertain directly to the investigation or research
authorized under Subsection (a), into a database:
(A) maintained by the department and available to
a person other than a department employee;
(B) maintained by a natural heritage program
administered by the department; or
(C) established and maintained by any other
person.
(c) Except as provided by Subsection (d), information
collected under this section may only be reported or compiled in a
manner that prevents the identification of an individual parcel or
specific parcels of private property without the written consent of
the landowner or the landowner's agent.
(d) The department may collect and enter data as necessary
relating to the occurrence or harvest of natural resources in
public land or water. The department may collect and report
standardized annual wildlife survey information required by the
Pitman-Robertson Wildlife Restoration Act (16 U.S.C. Section 669 et
seq.).
(e) The department is liable to a private landowner for a
civil penalty in the amount of $1,000 for a violation of this
section involving information collected by an employee of the
department on the landowner's property. A landowner may bring suit
to collect the penalty in the county in which the land is located or
the county in which the landowner resides.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1995, 74th Leg., ch. 521, § 1, eff. Sept. 1,
1995.
§ 12.104. RIGHT TO SEARCH AND INSPECT. (a) A game
warden or other peace officer commissioned by the department may
search a game bag, vehicle, vessel, or other receptacle if the game
warden or peace officer has a reasonable, articulable suspicion
that the game bag, vehicle, vessel, or receptacle contains a
wildlife resource that has been unlawfully killed or taken.
(b) A game warden or other peace officer commissioned by the
department may inspect a wildlife resource or a part or product of a
wildlife resource that is discovered during a search under
Subsection (a) of this section.
(c) In this section "wildlife resource" means an animal,
bird, reptile, amphibian, fish, or other aquatic life the taking or
possession of which is regulated in any manner by this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1991, 72nd Leg., ch. 261, § 1, eff. Aug. 26,
1991.
§ 12.105. SUITS. (a) The department may file
complaints in the name of the State of Texas to recover fines and
penalties for violations of the laws relating to game, birds, and
fish.
(b) The department may file a complaint and commence
proceedings against an individual for violation of the laws
relating to game, birds, and fish without the approval of the county
attorney of the county in which the proceedings are brought. The
department is not required to furnish security for costs for
proceedings under this subsection.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 12.106. NOTICE TO APPEAR. (a) Any peace officer of
this state or a political subdivision of this state or an authorized
employee of the department who arrests a person for a violation of
this code or a regulation of the commission adopted under this code
may deliver to the alleged violator a written notice to appear
before the justice court, county court, or another court having
jurisdiction of the offense not later than 15 days after the date of
the alleged violation.
(b) On signing the written notice to appear and thereby
promising to appear as provided in the notice, the alleged violator
shall be released.
(c) A person who fails to appear for a violation of this code
or a regulation of the commission adopted under this code within the
time specified in the written notice commits an offense that is a
Class C Parks and Wildlife Code misdemeanor, and a warrant for the
arrest of the alleged violator may be issued.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 4, eff. Sept.
1, 1985; Acts 1993, 73rd Leg., ch. 338, § 1, eff. Sept. 1, 1993.
§ 12.107. REMISSION OF FINES. (a) A justice of the
peace, clerk of any court, or any other officer of the state who
receives a fine imposed by a court for a violation of this code or a
regulation of the commission adopted under this code shall send the
fine to the department within 10 days after the date of collection.
A statement containing the docket number of the case, the name of
the person fined, and the section of this code or the regulation
violated must accompany the remission of the fine.
(b) The amount of the fine to be remitted to the department
is 80 percent in county court or higher court cases and 85 percent
in justice court cases.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 269, § 4, eff. Sept. 1,
1985; Acts 1993, 73rd Leg., ch. 338, § 2, eff. Sept. 1, 1993.
§ 12.108. EXPENSES. In making an arrest, summoning a
witness, and serving a process, the department is entitled to the
same fee and mileage allowance as a sheriff. The fee is charged and
collected in the same manner as sheriff's fees.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 12.109. CONFISCATION AND DISPOSITION OF AQUATIC
PRODUCTS. (a) Except as provided by Subsection (c) or (f) of this
section, when an enforcement officer of the department believes
that a person has unlawful possession of any fish, oysters, shrimp,
or other aquatic products as defined by Section 47.001(16) of this
code, taken in violation of this code or a proclamation of the
commission adopted under this code, he shall seize the aquatic
products and all aquatic products aboard any vessel involved, or in
any device used to catch or store aquatic products, whether in
storage or on deck, and whether alive or dead, frozen or fresh,
whole or processed to any extent. The officer shall sell the
aquatic products and dispose of the proceeds as provided in
Subsection (b) of this section.
(b) The confiscated aquatic products shall be sold to the
highest of three bidders. The proceeds of the sale shall be
deposited in the state treasury to the credit of suspense account
No. 900 pending the outcome of the action taken against the person
charged with illegal possession. The officer shall give to the
person a receipt for all aquatic products seized upon the sale of
the aquatic products. If bids cannot be obtained, the department,
if practicable, shall donate the aquatic products to a charitable
institution, hospital, or other person.
(c) If aquatic products are seized due only to a violation
of a daily bag or possession limit, the officer shall allow the
person in possession to retain a lawful quantity of the aquatic
products, but only if the person gives written acknowledgement of
retention of a lawful quantity to the officer on a form provided by
the department. The officer shall sell the remainder of the aquatic
products and dispose of the proceeds as provided by Subsection (b)
of this section.
(d) Unless the person is found guilty, pleads guilty or nolo
contendere, or is placed on deferred adjudication, all the proceeds
shall be paid to the owner of the aquatic products.
(e) This section does not apply to fish, shrimp, or other
aquatic products that are taken from an area declared by the
Commissioner of Health to be a prohibited area.
(f) If an enforcement officer of the department determines
that a person is in possession of oysters that were taken
unlawfully, the officer may direct, if practical, that the oysters
be returned to a public reef.
(g) The department and an enforcement officer of the
department who acts under this section are not liable in any civil
action for the seizure, sale, release, or donation of aquatic
products or for the order to return oysters to a public reef.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1214, ch. 456, § 13(k), eff.
Sept. 1, 1975. Acts 1985, 69th Leg., ch. 433, § 7, eff. June 11,
1985; Acts 1987, 70th Leg., ch. 611, § 1, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 338, § 3, eff. Sept. 1, 1993; Acts
1993, 73rd Leg., ch. 679, § 11, eff. Sept. 1, 1993; Acts 1999,
76th Leg., ch. 454, § 6, eff. Sept. 1, 1999.
§ 12.110. DISPOSITION OF CONFISCATED GAME. (a) The
department shall donate, whenever same is reasonably practicable,
any wild game animal, bird, fowl, or game fish which is unlawfully
killed, taken, shipped, held in storage, or found in a public eating
place to a charitable institution, hospital, or person or persons.
(b) The expense of any cold storage that may be necessary
for an unlawfully possessed game bird, fowl, animal, or game fish
shall be assessed against the violator on his conviction.
(c) The department and an enforcement officer of the
department who acts under this section are not liable in any civil
action for the seizure, sale, or donation of a game bird, other
fowl, animal, or game fish.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 33, ch. 16, § 1, eff. March
16, 1977; Acts 1993, 73rd Leg., ch. 338, § 4, eff. Sept. 1, 1993.
§ 12.1101. SEIZURE AND DISPOSAL OF PELTS. (a) A game
warden or authorized employee of the department may seize the pelt
of any fur-bearing animal taken or possessed in violation of a
provision of this code or a lawful regulation of the commission. If
an alleged violator is charged with a violation of a provision of
this code or of a regulation of the commission in connection with
the pelt seized, the warden or employee shall hold the pelt as
evidence. On conviction of the alleged violator or on his plea of
nolo contendere, the pelts may be sold to the highest bidder after
taking the minimum of three written bids by the department. If the
alleged violator is not guilty of the offense or if the charge is
dismissed the pelts shall be returned to their lawful owner.
(b) A game warden or authorized employee of the department
acting under the authority of this section is immune from liability
and from suit for the seizure of pelts.
(c) Repealed by Acts 1979, 66th Leg., p. 549, ch. 260, art.
1, § 6, eff. Sept. 1, 1979.
Added by Acts 1977, 65th Leg., p. 82, ch. 39, § 1, eff. March 30,
1977. Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art. 1, §
6, eff. Sept. 1, 1979.
§ 12.1105. SEIZURE AND DISPOSITION OF UNLAWFUL FISHING
DEVICES. (a) When a game warden or other peace officer finds in
or on the public water of the state a seine, net, trawl, trap, or
other device that is in or on the water in violation of a provision
of this code or in violation of a lawful regulation of the
commission or is aboard a vessel in violation of a provision of this
code or a lawful regulation of the commission, the warden or other
peace officer shall seize without a warrant the seine, net, trawl,
trap, or device.
(b) When an alleged violator is charged with an offense in
connection with the unlawful use or possession of the seine, net,
trawl, trap, or device seized by the warden or other peace officer,
the warden or other peace officer shall hold the seine, net, trawl,
trap, or device as evidence. Except as provided in Subsection (e)
of this section, on a final conviction for the offense of the
alleged violator, including a final judgment arising from a plea of
nolo contendere, the warden or other peace officer shall destroy
the seine, net, trawl, trap, or device. If the alleged violator is
not guilty of the offense or if the charge is not prosecuted and
dismissed, the seine, net, trawl, trap, or device shall be returned
to the owner.
(c) If no person is charged with an offense in connection
with the seizure of a seine, net, trawl, trap, or other device under
this section, and no person is found in possession of the seine,
net, trawl, trap, or device, the warden or other peace officer shall
give notice of the seizure to the county judge or a judge of a county
court at law or justice court of the county where the seizure
occurred. The notice must include a description of the items seized
and the location of the seizure. The court shall then direct the
sheriff or a constable to post a copy of the notice in the county
courthouse for not less than 10 days. At the expiration of 10 days,
the court shall hold a hearing to determine if the seine, net,
trawl, trap, or device was used or possessed in violation of a
provision of this code or of a lawful regulation of the commission.
Except as provided in Subsection (e) of this section, if the use or
possession was unlawful, the warden or other peace officer shall
destroy the seine, net, trawl, trap, or device.
(d) A game warden or other peace officer who seizes items
under this section is immune from liability and from suit for a
seizure or destruction of a net as authorized by this section.
(e) The Parks and Wildlife Department, when requested by
authorized representatives of units of The University of Texas
System, The Texas A&M University System, and the Texas State
University System engaged in teaching and research related to
marine science and oceanography, may transfer to such units of said
universities and university systems nets, seines, and other marine
equipment, which have been seized under this section, to be used in
carrying out the teaching and research programs within said
institutions.
Added by Acts 1977, 65th Leg., p. 381, ch. 190, § 3, eff. May 20,
1977. Amended by Acts 1991, 72nd Leg., ch. 781, § 1, eff. Sept.
1, 1991; Acts 1995, 74th Leg., ch. 1061, § 10, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 227, § 7, eff. May 23, 1997;
Acts 1999, 76th Leg., ch. 851, § 1, eff. Sept. 1, 1999.
§ 12.1106. SEIZURE AND DISPOSITION OF CONTRABAND;
IMMUNITY. (a) A game warden or other peace officer who has
probable cause to believe property is contraband may seize the
property without a warrant.
(b) The warden or officer shall give notice of the seizure,
including a description of the seized property and the location and
date of seizure, to the county judge or a judge of a county court at
law, justice court, or district court of the county where the
seizure occurred:
(1) when a person pleads guilty or nolo contendere to,
is convicted of, or is placed on deferred adjudication for:
(A) an offense under Section 66.006, Section
66.2011, or Subchapter G, Chapter 43, of this code; or
(B) a second or subsequent offense under Section
61.022, 62.003, 62.004, or 62.005 of this code; or
(2) if no person is arrested for an offense
immediately after the warden or officer seizes the property.
(c) The court shall direct the sheriff or a constable to
post a copy of the notice in the county courthouse for not less than
10 days. At the expiration of 10 days, the court shall hold a
hearing to determine if the seized property is contraband.
(d) The court shall order the seized property:
(1) forfeited to the department if the court
determines by a preponderance of the evidence that:
(A) the seized property is contraband and a
person pleaded guilty or nolo contendere to, was convicted of, or
was placed on deferred adjudication for:
(i) an offense under Section 66.006,
Section 66.2011, or Subchapter G, Chapter 43, of this code; or
(ii) a second or subsequent offense under
Section 61.022, 62.003, 62.004, or 62.005 of this code; or
(B) the seized property is contraband and no
person was arrested for an offense immediately after the warden or
officer seized the property; or
(2) released to the owner if:
(A) the person charged with an offense under
Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of
this code or a second or subsequent offense under Section 61.022,
62.003, 62.004, or 62.005 of this code is acquitted or the charge is
dismissed; or
(B) the court determines that the seized property
is not contraband.
(e) If the department receives a forfeiture order from a
court as authorized by this section, the department may:
(1) use the seized property in its normal operations;
(2) sell or transfer the property; or
(3) destroy the property.
(f) A warden or officer who seizes property under this
section is immune from liability and from suit for a seizure and
disposition of property as authorized by this section.
(g) The commission may adopt rules to implement this
section.
(h) The department shall deposit money received under this
section in the state treasury to the credit of the game, fish, and
water safety account.
Added by Acts 1991, 72nd Leg., ch. 808, § 1, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 679, § 12, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 966, § 2, eff. Sept. 1, 1995;
Acts 1999, 76th Leg., ch. 851, § 2, eff. Sept. 1, 1999; Acts
1999, 76th Leg., ch. 959, § 2, eff. Sept. 1, 1999.
§ 12.113. COASTAL SURVEY CHARTS ADMISSIBLE. In any
prosecution under this code, United States Coastal Survey Charts
are admissible.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 12.114. DRIVER'S LICENSE OR PERSONAL IDENTIFICATION
CERTIFICATE REQUIRED. (a) A person who is 17 years of age or
older and who has a license or permit issued under this code or who
is engaging in an activity that requires a license or permit shall
have a driver's license or personal identification certificate in
the person's immediate possession.
(b) If the person is a resident as defined by Subdivision
(1) of Section 42.001 of this code, "driver's license" and
"personal identification certificate" have the meanings assigned
by Chapter 521, Transportation Code.
(c) If the person is a nonresident as defined by Section
42.001, "driver's license" and "personal identification
certificate" mean those documents that are similar to those defined
in Subsection (b) and that are issued by the agency in the state or
country of which the person is a resident that is authorized to
issue driver's licenses or personal identification certificates.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 32, eff. Sept.
1, 1985. Amended by Acts 1997, 75th Leg., ch. 165, § 30.232,
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1256, § 10, eff.
Sept. 1, 1997.
§ 12.115. OFFENSE. (a) A person who is arrested for an
alleged violation of this code or a proclamation or regulation
adopted under this code commits an offense if the person:
(1) does not have in his immediate possession a
driver's license or personal identification certificate required
by Section 12.114 of this code; or
(2) fails or refuses to display the driver's license or
personal identification certificate required by Section 12.114 of
this code when requested to do so by any peace officer, game warden,
magistrate, or officer of a court of competent jurisdiction.
(b) An offense under this section is a Class C Parks and
Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 32, eff. Sept.
1, 1985.
§ 12.116. JUSTICE COURT TO PROVIDE AFFIDAVITS CERTIFYING
CERTAIN CONVICTIONS. (a) If a person is convicted in justice
court for violating a provision of this code or a proclamation or
regulation adopted under this code that provides enhanced penalties
for subsequent convictions, the court on request shall submit to
the department an affidavit certifying the conviction. The
affidavit must include the driver's license number or personal
identification certificate number obtained from the violator.
(b) The affidavit certifying the conviction, if admissible
under the Texas Rules of Evidence, is available in subsequent
prosecutions of that person for violations of the section,
proclamation, or regulation under which the prior conviction was
obtained.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 32, eff. Sept.
1, 1985.
§ 12.117. JUSTICE COURT TO PROVIDE AFFIDAVITS CERTIFYING
CERTAIN CONVICTIONS AND OTHER INFORMATION. (a) If a person is
convicted in a justice court for violating a provision of this code
or a proclamation or regulation adopted under this code that
provides enhanced penalties for subsequent convictions, the court
on request shall submit to the department an affidavit certifying
the conviction. Along with such affidavit the court shall also
compile and send to the department the defendant's driver's license
number and copies of any photograph, picture, description, or
measurement of the defendant made by any law enforcement agency in
connection with the offense.
(b) A certified copy of such affidavit and documents
pursuant to Subsection (a) of this section is admissible as
evidence in a criminal proceeding to prove that a particular person
was convicted of the offense to which the documents pertain if the
court finds that 15 days before trial, the party against whom the
evidence is offered was provided a copy of the document offered as
evidence.
Added by Acts 1985, 69th Leg., ch. 827, § 10, eff. Aug. 26, 1985.
Amended by Acts 1987, 70th Leg., ch. 218, § 1, eff. Sept. 1,
1987.
§ 12.119. VIOLATION OF COMMISSION RULE ON POSSESSION OF
LICENSE; PENALTY. (a) A person commits an offense if the person
violates a rule adopted by the commission relating to possessing a
license or stamp otherwise required by this code for hunting
wildlife resources or for catching aquatic life.
(b) An offense under this section is a Class C Parks and
Wildlife misdemeanor.
Added by Acts 1995, 74th Leg., ch. 931, § 2, eff. June 16, 1995.
SUBCHAPTER C. OPERATION GAME THIEF
§ 12.201. CREATION OF FUND. The department may accept
and deposit in a special fund outside the state treasury, called the
operation game thief fund, donations from any person made for
purposes of this subchapter. Funds deposited in the operation game
thief fund may be used only for the maintenance of that fund,
promotion of the operation game thief program through advertisement
and marketing, and payment of rewards and death benefits authorized
by this subchapter. The Operation Game Thief Committee shall adopt
rules for the implementation of the operation game thief program
and maintenance of the operation game thief fund.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, § 1, eff. Aug.
31, 1981. Amended by Acts 1987, 70th Leg., ch. 245, § 1, eff. May
28, 1987; Acts 1995, 74th Leg., ch. 244, § 1, eff. Sept. 1, 1995.
§ 12.202. OPERATION GAME THIEF COMMITTEE. (a) The
director shall appoint an Operation Game Thief Committee composed
of 11 members to administer the operation game thief fund and to
make reward payments and death benefit payments from that fund. The
director shall appoint persons who are not employees of the
department and who have a demonstrated interest in game and fish
conservation. The director may consider the recommendations or
nominations of any club or association. The director shall
designate one of the members as chairman of the committee. The
director shall appoint a former committee member to serve as
chairman emeritus. The chairman emeritus has the same rights and
duties as any other committee member. The director or an employee
designated by the director for that purpose shall serve as
secretary to the committee. A member of the committee serves
without compensation.
(b) Each member of the committee, including the chairman
emeritus, serves a term of six years. The terms of approximately
one-third of the members, including the chairman emeritus, expire
on January 31 of each odd-numbered year. The director may reappoint
members.
(c) The committee shall meet at least one time each calendar
year at the department's office in Austin or at a location
designated by the chairman of the committee. Four committee
members must be present for approval of disbursement of rewards to
eligible applicants and death benefit payments to eligible
recipients. Except as provided by Subsection (d), if the vote for
approval of disbursements of rewards or death benefits results in a
tie vote, no action may be taken until the next meeting of the
committee.
(d) Repealed by Acts 2003, 78th Leg., ch. 1170, § 29.02.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, § 1, eff. Aug.
31, 1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 33,
eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 245, § 2, eff. May
28, 1987; Acts 1991, 72nd Leg., ch. 431, § 1, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 631, § 1, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 244, § 2, eff. Sept. 1, 1995; Acts 2003,
78th Leg., ch. 1170, § 29.01, 29.02, eff. Sept. 1, 2003.
§ 12.203. REWARDS; CLAIMS. (a) A person who furnishes
information leading to the arrest and conviction of a person for a
flagrant violation of this code or a regulation or proclamation
adopted under this code that applies to the taking, possession, or
sale of an animal, bird, reptile, or fish may apply to the committee
for a reward to be paid from the operation game thief fund.
(b) The committee may consider claims made at any time
before its meeting, but consideration is limited to claims that
relate to final convictions.
(c) The committee shall prescribe and furnish the forms on
which claims are to be made, including any documentation to be
furnished to substantiate the claim.
(d) For purposes of this section, "flagrant violation"
means a violation of the hunting or fishing laws that is so extreme,
conspicuous, or outstandingly bad as to be impossible not to
notice. A violation of the hunting or fishing license provisions in
Chapter 42 or 46 of this code is not a flagrant violation.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, § 1, eff. Aug.
31, 1981. Amended by Acts 1987, 70th Leg., ch. 245, § 3, eff. May
28, 1987.
§ 12.204. REWARDS; PAYMENTS. No amount in excess of
that on deposit in the operation game thief fund is payable as a
reward under this section or as a death benefit payment under
Section 12.206 of this code. No reward may be granted to a person,
or an immediate family member of a person, who is a peace officer,
deputy game warden, prosecutor, employee of the department, or
member of the judiciary.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, § 1, eff. Aug.
31, 1981. Amended by Acts 1983, 68th Leg., p. 123, ch. 29, § 4,
eff. April 19, 1983; Acts 1987, 70th Leg., ch. 245, § 4, eff. May
28, 1987; Acts 1993, 73rd Leg., ch. 631, § 2, eff. Sept. 1, 1993.
§ 12.205. POWERS OF THE DEPARTMENT. The department may:
(1) provide a toll-free telephone number for use of
the public in reporting violations of the game and fish laws to an
office of the department that has employees on duty 24 hours a day;
and
(2) establish procedures for voluntary donations to
the operation game thief fund to be collected and sent to the
department.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, § 1, eff. Aug.
31, 1981.
§ 12.206. PAYMENT OF DEATH BENEFITS. The committee may
use the operation game thief fund to supplement any death benefits
received by the families of peace officers employed by the
department who are killed in the line of duty. The committee shall
adopt guidelines for the payment of death benefits under this
section.
Added by Acts 1993, 73rd Leg., ch. 631, § 3, eff. Sept. 1, 1993.
SUBCHAPTER D. RECOVERY BY THE STATE FOR VALUE OF FISH, SHELLFISH,
REPTILE, AMPHIBIAN, BIRD, OR ANIMAL
§ 12.301. LIABILITY FOR VALUE OF FISH, SHELLFISH,
REPTILE, AMPHIBIAN, BIRD, OR ANIMAL. A person who kills, catches,
takes, possesses, or injures any fish, shellfish, reptile,
amphibian, bird, or animal in violation of this code or a
proclamation or regulation adopted under this code is liable to the
state for the value of each fish, shellfish, reptile, amphibian,
bird, or animal unlawfully killed, caught, taken, possessed, or
injured.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 34, eff. Sept.
1, 1985.
§ 12.302. VALUE OF FISH, SHELLFISH, REPTILE, AMPHIBIAN,
BIRD, OR ANIMAL. For purposes of this subchapter and for
determining damages under Subsection (b), Section 26.124, Water
Code, the commission shall adopt rules to establish guidelines for
determining the value of injured or destroyed fish, shellfish,
reptiles, amphibians, birds, and animals.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 34, eff. Sept.
1, 1985.
§ 12.303. CIVIL SUIT FOR RECOVERY OF VALUE. (a) The
attorney general or the county attorney of the county in which the
violation occurred may bring a civil suit under this subchapter in
the name of the state to recover the value of each fish, shellfish,
reptile, amphibian, bird, or animal unlawfully killed, caught,
taken, possessed, or injured.
(b) A suit under this section shall be brought in the county
in which the violation occurred, except that the attorney general
may bring suit in Travis County.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 34, eff. Sept.
1, 1985. Amended by Acts 1989, 71st Leg., ch. 73, § 1, eff. Sept.
1, 1989.
§ 12.304. MORE THAN ONE DEFENDANT. If more than one
defendant is named in a suit brought under this subchapter, each
defendant against whom judgment is rendered is jointly and
severally liable for the recovery provided by this subchapter.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 34, eff. Sept.
1, 1985.
§ 12.305. RECOVERY OF VALUE IN ADDITION TO FINE. The
recovery amount provided by this subchapter is in addition to any
fine, forfeiture, penalty, or costs imposed under another law.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 34, eff. Sept.
1, 1985. Amended by Acts 1987, 70th Leg., ch. 193, § 1, eff.
Sept. 1, 1987.
§ 12.306. BOTH CIVIL SUIT AND CRIMINAL PROSECUTION
PERMISSIBLE. The pendency or determination of a suit brought under
this subchapter or the pendency or determination of a criminal
prosecution for the same killing, catching, taking, possession, or
injury does not bar the other action.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 34, eff. Sept.
1, 1985.
§ 12.307. DISPOSITION OF RECOVERY. (a) Any damages
for injury to fish, shellfish, reptiles, amphibians, birds, or
animals recovered in a suit brought by the attorney general shall be
deposited to the credit of the game, fish, and water safety account.
(b) Fifty percent of any damages for injury to fish,
shellfish, reptiles, amphibians, birds, or animals recovered in a
suit brought by a county attorney shall be deposited in the general
fund of the county. The remainder shall be deposited to the credit
of the game, fish, and water safety account.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 34, eff. Sept.
1, 1985. Amended by Acts 1989, 71st Leg., ch. 73, § 2, eff. Sept.
1, 1989; Acts 1993, 73rd Leg., ch. 679, § 13, eff. Sept. 1, 1993.
SUBCHAPTER E. PUNISHMENTS
§ 12.401. APPLICATION. A person adjudged guilty of an
offense under this code or a proclamation or regulation adopted
under this code shall be punished in accordance with this
subchapter and the Code of Criminal Procedure, 1965.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1,
1985.
§ 12.402. CIVIL PENALTY. This subchapter does not
deprive a court of authority conferred by law to forfeit property,
suspend or cancel a license or permit, cite for contempt, or impose
any other civil penalty. The civil penalty may be included in the
sentence.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1,
1985.
§ 12.403. CLASSIFICATION OF OFFENSES. (a) Offenses
are designated as Parks and Wildlife Code misdemeanors or Parks and
Wildlife Code felonies.
(b) Misdemeanors are classified according to the relative
seriousness of the offense into three categories:
(1) Class A Parks and Wildlife Code misdemeanors;
(2) Class B Parks and Wildlife Code misdemeanors; and
(3) Class C Parks and Wildlife Code misdemeanors.
(c) Section 12.41, Penal Code, does not apply to
classifications of offenses under this code.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1,
1985.
§ 12.404. CLASS A PARKS AND WILDLIFE CODE
MISDEMEANOR. An individual adjudged guilty of a Class A Parks and
Wildlife Code misdemeanor shall be punished by:
(1) a fine of not less than $500 nor more than $4,000;
(2) confinement in jail for a term not to exceed one
year; or
(3) both such fine and imprisonment.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1,
1985. Amended by Acts 1997, 75th Leg., ch. 1256, § 11, eff.
Sept. 1, 1997.
§ 12.405. CLASS B PARKS AND WILDLIFE CODE
MISDEMEANOR. An individual adjudged guilty of a Class B Parks and
Wildlife Code misdemeanor shall be punished by:
(1) a fine of not less than $200 nor more than $2,000;
(2) confinement in jail for a term not to exceed 180
days; or
(3) both such fine and imprisonment.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1,
1985. Amended by Acts 1997, 75th Leg., ch. 1256, § 12, eff.
Sept. 1, 1997.
§ 12.406. CLASS C PARKS AND WILDLIFE CODE
MISDEMEANOR. An individual adjudged guilty of a Class C Parks and
Wildlife Code misdemeanor shall be punished by a fine of not less
than $25 nor more than $500.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 535, § 1, eff. Sept.
1, 1987.
§ 12.4061. PARKS AND WILDLIFE CODE STATE JAIL
FELONY. (a) An individual adjudged guilty of a Parks and Wildlife
Code state jail felony shall be punished by confinement in a state
jail for a term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged
guilty of a Parks and Wildlife Code state jail felony may be
punished by a fine of not less than $1,500 and not more than
$10,000.
Added by Acts 1999, 76th Leg., ch. 959, § 3, eff. Sept. 1, 1999.
§ 12.407. PARKS AND WILDLIFE CODE FELONY. (a) An
individual adjudged guilty of a Parks and Wildlife Code felony
shall be punished by confinement in the institutional division of
the Texas Department of Criminal Justice for any term of not more
than 10 years or less than two years.
(b) In addition to imprisonment, an individual adjudged
guilty of a Parks and Wildlife Code felony may be punished by a fine
of not less than $2,000 nor more than $10,000.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1,
1985. Amended by Acts 1997, 75th Leg., ch. 1256, § 13, eff.
Sept. 1, 1997.
§ 12.408. SUBSEQUENT CONVICTIONS. The use of a
conviction for enhancement purposes does not preclude the
subsequent use of a conviction for enhancement purposes.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1,
1985.
§ 12.409. SEPARATE OFFENSES. Each fish, bird, animal,
reptile, or amphibian or part of a fish, bird, animal, reptile, or
amphibian taken, possessed, killed, left to die, imported,
exported, offered for sale, sold, purchased, attempted to be
purchased, or retained in violation of any provision of this code or
a proclamation or regulation adopted under this code constitutes a
separate offense.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1,
1985. Amended by Acts 1997, 75th Leg., ch. 1256, § 14, eff.
Sept. 1, 1997.
§ 12.410. AUTHORIZED PUNISHMENTS FOR CORPORATIONS AND
ASSOCIATIONS. (a) If a corporation or association is adjudged
guilty of an offense under this code that provides a penalty
consisting of a fine only, a court may sentence the corporation or
association to pay a fine in an amount fixed by the court, not to
exceed the fine provided by the offense.
(b) If a corporation or association is adjudged guilty of an
offense that provides a penalty including imprisonment or that
provides no specific penalty, a court may sentence the corporation
or association to pay a fine in an amount fixed by the court, not to
exceed:
(1) $20,000 if the offense is a Parks and Wildlife Code
felony; or
(2) $10,000 if the offense is a Class A or Class B
Parks and Wildlife Code misdemeanor.
(c) In lieu of the fines authorized by Subsections (a) and
(b) of this section, if a court finds that the corporation or
association gained money or property or caused personal injury,
property damage, or other loss through the commission of a Parks and
Wildlife Code felony or Class A or Class B Parks and Wildlife Code
misdemeanor, the court may sentence the corporation or association
to pay a fine in an amount fixed by the court, not to exceed double
the amount gained or caused by the corporation to be lost, whichever
is greater.
(d) In addition to any sentence that may be imposed by this
section, a corporation that has been adjudged guilty of an offense
may be ordered by the court to give notice of the conviction to any
person the court deems appropriate.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1,
1985.
§ 12.411. JURISDICTION OF JUSTICE COURT. In addition to
the jurisdiction provided by the constitution and other law, a
justice court has jurisdiction of Class C Parks and Wildlife Code
misdemeanors.
Added by Acts 1987, 70th Leg., ch. 535, § 2, eff. Sept. 1, 1987.
SUBCHAPTER F. REVOCATION OR SUSPENSION OF LICENSES OR PERMITS
§ 12.501. REVOCATION OR SUSPENSION OF LICENSE OR
PERMIT. (a) In this subchapter, "permittee" or "licensee"
includes each member of a partnership or association, an agent
acting on behalf of a partnership or association, each officer of a
corporation, and the owner of a majority of a corporation's
corporate stock.
(b) The director may suspend or revoke an original or
renewal permit or license issued under this code if it is found,
after notice and hearing, that:
(1) the permittee or licensee has been finally
convicted of a violation of this code or proclamation or regulation
adopted under this code relating to the permit or license to be
suspended or revoked;
(2) the permittee or licensee violated a provision of
this code or proclamation or regulation adopted under this code
relating to the permit or license to be suspended or revoked;
(3) the permittee or licensee made a false or
misleading statement in connection with his original or renewal
application, either in the formal application itself or in any
other written instrument relating to the application submitted to
the commission or its officers or employees;
(4) the permittee or licensee is indebted to the state
for taxes, fees, or payment of penalties imposed by this code or by
a commission rule relating to a permit or license to be suspended or
revoked; or
(5) the permittee or licensee is liable to the state
under Section 12.301.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 36, eff. Sept.
1, 1985. Amended by Acts 1999, 76th Leg., ch. 454, § 1, eff.
Sept. 1, 1999.
§ 12.5015. AUTOMATIC REVOCATION OF HUNTING OR FISHING
LICENSE OR PERMIT. (a) Except as provided by this section, any
hunting or fishing license or permit issued by the department to a
person is automatically revoked on final conviction of the person
of an offense under Section 61.022, 62.003, 62.004, 62.005,
62.011(c), 66.004(a), or 66.004(c).
(b) If the holder of a lifetime license is finally convicted
of an offense under Section 61.022, 62.003, 62.004, 62.005,
62.011(c), 66.004(a), or 66.004(c), the person's lifetime license
is automatically suspended. The suspension is for a period set by
the court of not less than one year or more than five years. If the
court does not set a period, the suspension is for one year from the
date the conviction becomes final.
(c) On conviction of a person for an offense under Section
61.022, 62.003, 62.004, 62.005, 62.011(c), 66.004(a), or
66.004(c), the court shall set a period of not less than one year
and not more than five years during which the department may not
issue that person a license, tag, or stamp under Chapter 42, 46, or
50. If the court does not set a period, the department may not issue
that person a license, tag, or stamp under Chapter 42, 46, or 50
before the first anniversary of the date the conviction becomes
final.
(d) A person who has a license or permit revoked or
suspended under this section shall surrender the revoked or
suspended license or permit to the court. The court shall send the
department the revoked or suspended license or permit and a copy of
the judgment of conviction.
(e) For purposes of this section, "final conviction"
includes a plea of guilty or nolo contendere to or the imposition of
deferred adjudication for an offense.
Added by Acts 1997, 75th Leg., ch. 1090, § 2, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 959, § 4, eff. Sept. 1,
1999.
§ 12.502. NOTICE; HEARING. The department must give
the licensee or permittee an opportunity for a hearing concerning
the suspension or revocation of the license or permit. Notice of
the hearing must be given and the hearing held as provided by
Sections 2001.052 and 2001.054, Government Code.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 36, eff. Sept.
1, 1985. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(70),
eff. Sept. 1, 1995.
§ 12.503. NOTICE OF SUSPENSION OR
REVOCATION. (a) After notice and hearing as provided by Section
12.502 of this code, the department shall notify the licensee or
permittee of the suspension or revocation of the license or permit.
(b) The notice under this section must be given personally
or by registered or certified mail.
(c) The suspension or revocation takes effect when the
notice under this section is given or delivered.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 36, eff. Sept.
1, 1985.
§ 12.504. TIME OF SUSPENSION OR REVOCATION. (a) A
license or permit may be suspended under this subchapter for a
period set by the director. The period of suspension ends on the
expiration of the time set by the director or the expiration of the
license or permit, whichever occurs first.
(b) The holder of a license or permit that has been
suspended may not apply for another license or permit of the same
kind during the period of suspension.
(c) The holder of a license or permit that has been revoked
may not apply for another license or permit of the same kind for one
year from the date the revocation takes effect.
(d) A person who applies for a license or permit in
violation of Subsection (b) or (c) of this section commits an
offense.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 36, eff. Sept.
1, 1985. Amended by Acts 1999, 76th Leg., ch. 959, § 5, eff.
Sept. 1, 1999.
§ 12.505. VIOLATION OF SUSPENSION, REFUSAL, OR
REVOCATION. A person who engages in an activity requiring a permit
or license during the time for which such license or permit has been
suspended, refused, or revoked commits an offense that is a Class A
Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 36, eff. Sept.
1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, § 15, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 454, § 5, eff. Sept. 1,
1999.
§ 12.506. APPEAL FROM SUSPENSION, REFUSAL, OR REVOCATION
OF LICENSE OR PERMIT. (a) An appeal from an order of the
department refusing to issue or transfer a license or permit or
revoking or suspending a license or permit may be taken to a
district court of Travis County.
(b) The appeal shall be under the substantial evidence rule
and against the department alone as defendant.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 36, eff. Sept.
1, 1985. Amended by Acts 1999, 76th Leg., ch. 454, § 2, 3, eff.
Sept. 1, 1999.
§ 12.507. ALTERNATIVES TO SUSPENSION. (a) In lieu of
suspending a license or permit under this subchapter, the
department may give the licensee or permittee the opportunity to
pay a civil penalty.
(b) The department shall determine the amount of the penalty
and in doing so shall consider:
(1) the economic impact a suspension would have on the
licensee or permittee engaging in a commercial activity under the
license or permit; or
(2) the amount reasonably necessary to deter further
violations.
(c) The amount of the civil penalty may not be less than $150
for each day the license or permit was to have been suspended.
(d) If the licensee or permittee does not pay the penalty
before the sixth day after the date on which the department notifies
him of the amount, he loses the opportunity to pay it and the
department may impose the suspension.
(e) Civil penalties received by the department under this
section shall be deposited to the credit of the game, fish, and
water safety account.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 36, eff. Sept.
1, 1985. Amended by Acts 1993, 73rd Leg., ch. 679, § 14, eff.
Sept. 1, 1993.
§ 12.508. REFUSAL OF LICENSE OR PERMIT. (a) In this
section:
(1) "Notice" includes a certified letter sent from the
department by the United States Postal Service to the applicant at
the last address supplied to the department by the applicant or
verbal notice to the applicant by a representative of the
department.
(2) "Finally convicted" includes a final judgment of
guilt, deferred adjudication, a plea of nolo contendere, or a plea
of guilty.
(b) The department may refuse to issue or transfer an
original or renewal license, permit, or tag if the applicant or
transferee:
(1) has been finally convicted of a violation under
this code or a rule adopted or a proclamation issued under this
code;
(2) is liable to the state under Section 12.301; and
(3) has failed to fully pay the amount due under
Section 12.301 after the department has issued notice of liability
to the applicant or transferee.
(c) The contested case provisions of the Administrative
Procedure Act (Sections 2001.051-2001.178, Government Code) do not
apply to the refusal to issue, transfer, or renew a license, permit,
or tag under this section.
(d) Expired.
Added by Acts 1999, 76th Leg., ch. 454, § 4, eff. Sept. 1, 1999.
SUBCHAPTER H. LICENSE DEPUTIES
§ 12.701. ISSUANCE OF LICENSE, STAMP, PERMIT, OR TAG BY
LICENSE DEPUTIES. The department may authorize the issuance of a
license, stamp, permit, or tag by a license deputy.
Added by Acts 1995, 74th Leg., ch. 931, § 3, eff. June 16, 1995.
§ 12.702. LICENSE DEPUTIES; FEES. (a) An employee of
the department, a county clerk, or another person designated or
contracted with by the department to issue and collect money
received for a license, stamp, permit, tag, or other similar item is
a license deputy and may issue and collect money for a license,
stamp, permit, tag, or other similar item issued under this code,
including a special issue stamp or decal.
(b) The commission by rule may set collection and issuance
fees for a license, stamp, tag, permit, or other similar item issued
under any chapter of this code. The commission shall not set any
collection or issuance fees for license deputies at amounts less
than the amounts in effect on June 1, 1995. If a collection or
issuance fee or other similar fee set by another section of this
code conflicts with this section, the collection or issuance fee
set under the authority of this section prevails.
Added by Acts 1995, 74th Leg., ch. 931, § 3, eff. June 16, 1995.
§ 12.703. POINT-OF-SALE SYSTEM. (a) The department
may issue a license, stamp, tag, permit, or another similar item
authorized by this code through the use of automated equipment and a
point-of-sale system.
(b) The department may designate an entity to install the
system for the issuance of licenses, stamps, permits, tags, or
other similar items. A designated entity may collect revenue for
the department from license deputies.
(c) The commission by rule may set the amount of
compensation for a point-of-sale entity. The compensation may
include an amount to be retained by the entity from the fee
collected for each item issued by the entity. The rules must
specify standards for the licenses, including the legibility of the
license.
Added by Acts 1995, 74th Leg., ch. 931, § 3, eff. June 16, 1995.
Amended by Acts 2001, 77th Leg., ch. 968, § 30, eff. Sept. 1,
2001.
§ 12.704. DUTIES OF LICENSE DEPUTIES. A license deputy
shall:
(1) complete and keep for the use of the department a
designated copy or other record of the sale of each license, stamp,
permit, or tag issued;
(2) keep a record of each license, stamp, permit, or
tag issued, showing:
(A) the identification of the purchaser;
(B) the serial number of the item sold;
(C) the date of issuance; and
(D) any other information required by the
department; and
(3) perform any other function required by the license
deputy's agreement with the department.
Added by Acts 1995, 74th Leg., ch. 931, § 3, eff. June 16, 1995.
§ 12.705. LICENSE, STAMP, PERMIT, AND TAG SALES
REPORTS. (a) After the end of each calendar month or at any other
time designated by the department, a license deputy shall send to
the department a report on a form and in the manner prescribed by
the department.
(b) A license deputy shall furnish any other information or
material required by the license deputy's agreement with the
department.
(c) The commission by rule may establish reasonable
penalties for delinquent payments or reports from license deputies
and may establish payment discounts for timely payments or reports
from license deputies.
Added by Acts 1995, 74th Leg., ch. 931, § 3, eff. June 16, 1995.
§ 12.706. UNISSUED ITEMS. A license deputy shall return
to the department, at the department's request, unissued licenses,
stamps, permits, tags, or any other materials or equipment
furnished to the license deputy by the department.
Added by Acts 1995, 74th Leg., ch. 931, § 3, eff. June 16, 1995.
§ 12.707. ISSUANCE OR ACCEPTANCE OF LICENSE, STAMP,
PERMIT, OR TAG. No person may issue or accept a license, stamp,
permit, or tag required by this code except on a form provided by
the department.
Added by Acts 1995, 74th Leg., ch. 931, § 3, eff. June 16, 1995.
