PARKS AND WILDLIFE CODE
CHAPTER 42. GENERAL HUNTING LICENSE
§ 42.001. DEFINITIONS. In this chapter:
(1) "Resident" means:
(A) an individual who has resided continuously in
this state for more than six months immediately before applying for
a hunting license;
(B) a member of the United States armed forces on
active duty;
(C) a dependent of a member of the United States
armed forces on active duty; or
(D) a member of any other category of individuals
that the commission by regulation designates as residents.
(2) "Nonresident" means an individual who is not a
resident.
(3) "Carcass" means the body of a dead deer or
antelope, as listed in Section 63.001(a), that has not been
processed more than by quartering.
(4) "Final destination," for a carcass or wild turkey
or any part of a carcass or wild turkey, means:
(A) the permanent residence of the hunter;
(B) the permanent residence of any other person
receiving the carcass or wild turkey or the part of a carcass or
wild turkey; or
(C) a cold storage or processing facility.
(5) "Final processing," for a carcass or wild turkey,
means the cleaning of the dead animal for cooking or storage
purposes. For a carcass, the term also includes the processing of
the animal more than by quartering.
(6) "Cold storage or processing facility" means a
stationary facility designed and constructed to store or process
game animals and game birds.
(7) "Wildlife resource document" means a document
prescribed by the department, other than a tag or permit, that
allows a person to give, leave, receive, or possess any species of
legally taken game bird or game animal, or part of a legally taken
game bird or game animal, if the game bird or game animal is
otherwise required to have a tag or permit attached or is protected
by a bag or possession limit.
(8) "Quartering" means the processing of an animal
into not more than two hindquarters each having the leg bone
attached to the hock and two forequarters each having the leg
portion to the knee attached to the shoulder blade. The term also
includes removal of two back straps and trimmings from the neck and
rib cage.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 612, ch. 223, § 1, eff. Sept.
1, 1977; Acts 1991, 72nd Leg., ch. 301, § 1, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 838, § 1, eff. July 15, 1993; Acts
1997, 75th Leg., ch. 1256, § 28, eff. Sept. 1, 1997.
§ 42.002. RESIDENT LICENSE REQUIRED;
EXEMPTION. (a) Except as provided by Subsections (b) and (c) of
this section, no resident may hunt any bird or animal in this state
without having acquired a hunting license.
(b) A resident possessing a valid resident alligator
hunter's license, resident trapper's license, or fur-bearing animal
propagation permit is not required to have a license issued under
this section to take or possess the species covered by the license
or permit.
(c) A resident landowner or the landowner's agent or lessee
may take feral hogs causing depredation on the resident landowner's
land without having acquired a hunting license.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 2, § 7, eff. Sept.
1, 1985; Acts 1995, 74th Leg., ch. 931, § 4, eff. June 16, 1995;
Acts 2003, 78th Leg., ch. 809, § 1, 2, eff. June 20, 2003.
§ 42.0021. LIFETIME RESIDENT HUNTING LICENSE. The
department may issue to residents of this state a lifetime resident
hunting license.
Added by Acts 1985, 69th Leg., ch. 267, art. 2, § 8, eff. Sept. 1,
1986.
§ 42.005. NONRESIDENT LICENSE REQUIRED. (a) No
nonresident in this state may hunt a mule deer, white-tailed deer,
turkey, pronghorn antelope, or desert bighorn sheep in this state
without first having acquired a general nonresident hunting
license.
(b) Except as provided by Subsection (f), no nonresident may
hunt any bird or animal in this state without first having acquired
a general nonresident hunting license, a nonresident special
hunting license, or a nonresident five-day special hunting license.
(c) A nonresident possessing a valid nonresident alligator
hunter's license or nonresident trapper's license is not required
to have a license issued under this section to take or possess the
species governed by the license.
(d) No nonresident may hunt a turkey during the spring
turkey hunting season without first having acquired a license as
required by Subsection (b) of this section or a nonresident spring
turkey hunting license.
(e) A nonresident may not acquire or possess during a
license year:
(1) more than one nonresident spring turkey hunting
license; or
(2) a general nonresident hunting license and a
nonresident spring turkey hunting license.
(f) A nonresident landowner or the landowner's agent or
lessee may take feral hogs causing depredation on the nonresident
landowner's land without having acquired a hunting license required
by this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 317, ch. 150, § 1, eff. Aug.
29, 1977; Acts 1981, 67th Leg., p. 1859, ch. 439, § 1, eff. Aug.
31, 1981; Acts 1985, 69th Leg., ch. 267, art. 2, § 9, eff. Sept.
1, 1985; Acts 1987, 70th Leg., ch. 609, § 1, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 95, § 1, eff. Sept. 1, 1991; Acts 1997,
75th Leg., ch. 863, § 1, eff. Sept. 1, 1997; Acts 2003, 78th
Leg., ch. 809, § 3, eff. June 20, 2003.
§ 42.006. POSSESSION OF LICENSE: RULES. The commission
by rule may prescribe requirements relating to possessing a license
issued under this chapter.
Added by Acts 1995, 74th Leg., ch. 931, § 5, eff. June 16, 1995.
§ 42.010. ISSUANCE AND FORM OF LICENSES AND
TAGS. (a) The department shall prescribe the form of and issue
the licenses and tags authorized by this chapter.
(b) The department may issue tags for animals or birds
allowed by law to be killed during each year or season to holders of
licenses authorizing the killing of animals or birds. The
commission may establish fees for the tags.
(c) A person commits an offense if the person does not enter
the required information on a license or tag before hunting or if
the person possesses a tag without a name entered on the tag.
(d) No person may issue or receive a license or tag
authorized by this chapter except on the form provided by the
department.
(e) The commission by regulation shall determine the number
of tags that may be issued to an individual for taking animals or
birds.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 612, ch. 223, § 2, eff. Sept.
1, 1977; Acts 1985, 69th Leg., ch. 267, art. 2, § 10, eff. Sept.
1, 1986; Acts 1991, 72nd Leg., ch. 911, § 1, eff. Sept. 1, 1991;
Acts 1995, 74th Leg., ch. 931, § 6, eff. June 16, 1995.
§ 42.012. RESIDENT LICENSE FEE. (a) The fee for a
resident hunting license is $8 or an amount set by the commission,
whichever amount is more.
(b) The commission may set a lower fee or waive the fee or
license requirement for a resident who is under 17 years old, 65
years old or older, or participating in an event that is sponsored
or co-sponsored by the Texas Parks and Wildlife Department with the
approval of the executive director. The commission shall waive the
fee for a qualified disabled veteran.
(c) "Qualified disabled veteran" means a veteran with a
service connected disability, as defined by the Veterans'
Administration, consisting of the loss of the use of a lower
extremity or of a disability rating of 60 percent or more and who is
receiving compensation from the United States for the disability.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1328, ch. 277, § 7, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 12, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 838, § 2, eff. July 15,
1993; Acts 1995, 74th Leg., ch. 931, § 7, eff. June 16, 1995;
Acts 1997, 75th Leg., ch. 840, § 1, eff. Sept. 1, 1997.
§ 42.0121. LIFETIME RESIDENT HUNTING LICENSE FEE. The
fee for a lifetime resident hunting license is $300 or an amount set
by the commission, whichever amount is more.
Added by Acts 1985, 69th Leg., ch. 267, art. 2, § 13, eff. Sept.
1, 1986. Amended by Acts 1995, 74th Leg., ch. 931, § 8, eff. June
16, 1995.
§ 42.014. NONRESIDENT SPECIAL HUNTING LICENSE FEE. The
fee for a nonresident special hunting license is $37.75 or an amount
set by the commission, whichever amount is more.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 317, ch. 150, § 2, eff. Aug.
29, 1977; Acts 1979, 66th Leg., p. 1397, ch. 623, § 1, eff. Aug.
27, 1979; Acts 1985, 69th Leg., ch. 267, art. 2, § 14, eff. Sept.
1, 1985; Acts 1987, 70th Leg., ch. 609, § 2, eff. Sept. 1, 1987;
Acts 1995, 74th Leg., ch. 931, § 9, eff. June 16, 1995.
§ 42.0141. GENERAL NONRESIDENT HUNTING LICENSE
FEE. The fee for a general nonresident hunting license is $100.75
or an amount set by the commission, whichever amount is more.
Added by Acts 1977, 65th Leg., p. 317, ch. 150, § 3, eff. Aug. 29,
1977. Amended by Acts 1979, 66th Leg., p. 1397, ch. 623, § 2,
eff. Aug. 27, 1979; Acts 1985, 69th Leg., ch. 267, art. 2, § 15,
eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, § 10, eff.
June 16, 1995.
§ 42.0142. NONRESIDENT BANDED BIRD HUNTING LICENSE FOR
HUNTING ON A PRIVATE BIRD HUNTING AREA. (a) In lieu of a general
or nonresident special hunting license, a nonresident may acquire a
banded bird hunting license from the department entitling the
nonresident to take pen-reared, banded birds from a licensed
private bird hunting area only.
(b) The fee for a nonresident banded bird hunting license is
an amount set by the commission.
Added by Acts 1987, 70th Leg., ch. 609, § 3, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 512, § 3, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 838, § 3, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 931, § 11, eff. June 16, 1995.
§ 42.0143. NONRESIDENT FIVE-DAY SPECIAL HUNTING
LICENSE. A nonresident five-day special hunting license is valid
for five consecutive days. The fee for the license is set by the
commission in an amount not to exceed 50 percent of the amount of
the fee set for a nonresident special hunting license.
Added by Acts 1987, 70th Leg., ch. 609, § 4, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 931, § 12, eff. June 16,
1995.
§ 42.0144. NONRESIDENT SPRING TURKEY HUNTING LICENSE
FEE. The fee for a nonresident spring turkey hunting license is
$75 or an amount set by the commission, whichever amount is more.
Added by Acts 1991, 72nd Leg., ch. 95, § 2, eff. Sept. 1, 1991.
§ 42.017. DUPLICATE LICENSE AND TAGS. (a) If a person
licensed to hunt under the provisions of this chapter loses the
license or tags or if the license or tags are destroyed, the person
may apply to the department for and receive a duplicate license or
tags.
(b) The application for a duplicate license or tags is in
the form of an affidavit and must contain a statement of fact
concerning the loss or destruction of the license or tags and a
statement of the number of birds or animals, if any, killed under
the authority of the lost or destroyed license or tags. The
commission by regulation may prescribe additional requirements for
the issuance of a duplicate license or tag under this section.
(c) A duplicate license entitling the holder to hunt any
bird or animal shall be clearly marked to indicate those birds or
animals previously killed under the authority of the lost or
destroyed license or tags and to prevent the killing of more birds
or animals than allowed for the year.
(d) The fee for a duplicate license or tags is $5 or an
amount set by the commission, whichever amount is more.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 612, ch. 223, § 3, eff. Sept.
1, 1977; Acts 1983, 68th Leg., p. 1329, ch. 277, § 9, eff. Sept.
1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 16, eff. Sept.
1, 1985; Acts 1993, 73rd Leg., ch. 838, § 4, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 931, § 13, eff. June 16, 1995.
§ 42.0175. EXPIRATION DATE. (a) A license issued
under this chapter, other than a lifetime resident hunting license
or a nonresident five-day special hunting license is valid only
during the yearly period for which the license is issued without
regard to the date on which a license is acquired. Each yearly
period begins on September 1 or on another date set by the
commission and extends through August 31 of the next year or another
date set by the commission. A license issued under this chapter
other than a nonresident five-day special hunting license that is
issued before September 1 or another date set by the commission and
does not expire until August 31 of the next year or another date set
by the commission is valid from the date of issuance through August
31 of the following year or another date set by the commission. The
commission by rule may set the amount of a license fee for a license
issued during a transition period at an amount lower than
prescribed in this chapter and provide for a license term for a
transition period that is shorter or longer than a year.
(b) A license issued under Section 42.012(b) of this code to
a person who is 16 years of age at the time the license is issued,
but reaches the age of 17 during the term of the license, is valid
for the entire term of the license.
Added by Acts 1977, 65th Leg., p. 1536, ch. 626, § 2, eff. Aug.
29, 1977. Amended by Acts 1993, 73rd Leg., ch. 838, § 5, eff.
July 15, 1993; Acts 1995, 74th Leg., ch. 931, § 14, eff. June 16,
1995.
§ 42.0177. BIRD OR ANIMAL TAGS: COMMISSION RULES. The
commission by rule may modify or eliminate the tagging requirements
of Section 42.018, 42.0185, or 42.020, or other similar tagging
requirements in this chapter.
Added by Acts 1995, 74th Leg., ch. 931, § 15, eff. June 16, 1955.
§ 42.018. TAG TO BE ATTACHED TO DEER. (a) Except as
provided by Subsection (d) or commission rule, no person may
possess the carcass of a deer before the carcass has been finally
processed at a final destination unless there is attached to the
carcass a properly executed deer tag from a hunting license
provided by the department and issued to the person who killed the
deer.
(b) A tag is properly executed only when the month and the
date of the kill are cut out and the tag is filled out to show the
place the deer to which the tag is attached was killed and to show
other information required on the tag by the commission.
(c) If the deer's head is severed from the carcass, the
properly executed tag must remain with the carcass.
(d) A wildlife resource document completed by the person who
killed the deer must accompany the head or other part of the deer
not accompanied by a tag if at any time before the carcass is
finally processed the head or other part of the deer no longer
accompanies the carcass. If a portion of the carcass is divided
among persons and separated and the person who killed the deer
retains a portion of the carcass, that person shall retain the tag
with the portion of the carcass retained by that person. A wildlife
resource document shall be retained with the head of a deer that is
not kept with the carcass until the head is delivered to the owner
after taxidermy or, if not treated by a taxidermist, until
delivered to a final destination.
(e) Final processing for a deer carcass may occur only at a
final destination.
(f) This section does not prohibit a person before
delivering a deer carcass to a final destination from removing and
preparing a part of the deer if the removal and preparation occur
immediately before the part is cooked or consumed.
(g) A landowner or the landowner's agent operating under a
wildlife management plan approved by the department is, if
authorized by the commission, exempt from the tag requirements of
this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 2, § 17, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 38, § 1, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 635, § 2, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 1256, § 29, eff. Sept. 1, 1997.
§ 42.0185. TAG TO BE ATTACHED TO TURKEY. (a) Except as
provided by commission rule, no person may possess a wild turkey at
any time after the turkey is killed and before it has been finally
processed at a final destination unless there is attached to the
turkey a properly executed turkey tag from a hunting license
provided by the department and issued to the person who killed the
turkey.
(b) A turkey tag is properly executed only when the month
and the date of the kill are cut out and the tag is filled out to
show the place the turkey to which the tag is attached was killed
and to show other information required on the tag.
(c) A wildlife resource document completed by the person who
killed the turkey must accompany a part of the turkey if at any time
before the turkey reaches a final destination the part of the turkey
no longer accompanies the tagged turkey and is possessed by the
person who killed the turkey or is given to, left with, or possessed
by another person, including a taxidermist.
(d) This section does not prohibit a person before
delivering a wild turkey to a final destination from preparing part
of the turkey immediately before cooking and consuming the part.
Added by Acts 1977, 65th Leg., p. 613, ch. 223, § 4, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 38, § 2, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1256, § 30, eff. Sept. 1, 1997.
§ 42.019. POSSESSION OF CERTAIN PARTS OF
ANTELOPE. (a) Except as provided by Subsection (c), no person may
possess the carcass of an antelope before it has been finally
processed at a final destination unless there is attached to the
carcass an antelope permit provided by the department that is
executed legibly, accurately, and completely by the person who
killed the antelope.
(b) If the antelope's head is severed from the carcass, the
properly executed permit must remain with the carcass.
(c) A wildlife resource document completed by the person who
killed the antelope must accompany the head or other part of the
antelope not accompanied by a permit if at any time before the
carcass is finally processed the head or other part of the antelope
no longer accompanies the carcass. If a portion of the carcass is
divided among persons and separated and the person who killed the
antelope retains a portion of the carcass, that person shall retain
the permit with the portion of the carcass retained by that person.
A wildlife resource document shall be retained with the head of an
antelope that is not kept with the carcass until the head is
delivered to the owner after taxidermy or, if not treated by a
taxidermist, until delivered to a final destination.
(d) Final processing for an antelope carcass may occur only
at a final destination.
(e) This section does not prohibit a person before
delivering an antelope carcass to a final destination from removing
and preparing a part of the antelope if the removal and preparation
occur immediately before the part is cooked and consumed.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 31, eff. Sept. 1,
1997.
§ 42.020. BIRD OR ANIMAL TAGS: PROHIBITED
ACTS. (a) No person may purchase or use more bird or animal tags
during a license year than the number and type authorized for the
year by the commission, excluding duplicate licenses issued under
Section 42.017 of this code.
(b) No person may:
(1) use the same bird or animal tag on more than one
bird or animal;
(2) use a bird or animal tag issued in the name of
another;
(3) use a tag on a bird or animal for which another tag
is specifically required;
(4) kill a bird or animal required to be tagged and
fail to immediately attach a properly executed tag to the carcass;
or
(5) hunt a bird or animal that requires a tag without
having in his immediate possession the tag required to be attached
to the carcass of the bird or animal being hunted.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 613, ch. 223, § 5, eff. Sept.
1, 1977; Acts 1985, 69th Leg., ch. 267, art. 2, § 18, eff. Sept.
1, 1985.
§ 42.021. BAG LIMITS AND SEASON NOT AFFECTED. The
provisions of this chapter do not authorize any person to exceed any
bag limit or to hunt deer or turkey during a closed season, and the
attachment of deer or turkey tags as provided by this chapter is not
prima facie evidence that the deer or turkey was lawfully killed.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 613, ch. 223, § 6, eff. Sept.
1, 1977.
§ 42.022. ONE LICENSE FOR EACH YEAR. (a) No person may
acquire or possess more than one hunting license during a license
year. For purposes of this section, a violation does not occur
unless a person acquires or possesses more than one license having
the same expiration date.
(b) This section does not apply to the acquisition and
possession of a duplicate hunting license acquired as provided in
this chapter.
(c) This section does not apply to the acquisition and
possession by a nonresident of more than one nonresident hunting
license if the nonresident does not acquire or possess during a
license year:
(1) more than one nonresident:
(A) general hunting license; or
(B) spring turkey hunting license; or
(2) both a nonresident general hunting license and a
nonresident spring turkey hunting license.
(d) For purposes of this section, a license year begins on
September 1 or another date set by the commission and extends
through August 31 of the next year or another date set by the
commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 317, ch. 150, § 4, eff. Aug.
29, 1977; Acts 1987, 70th Leg., ch. 609, § 5, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 635, § 3, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 931, § 16, eff. June 16, 1995.
§ 42.023. HUNTING UNDER LICENSE OF ANOTHER. No person
may hunt under a license issued to another or permit another to hunt
under a license issued to him.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 42.024. EXHIBITING LICENSE. (a) No person required
by the provisions of this chapter to have a hunting license may fail
or refuse to show the license to an officer on demand.
(b) If on or before the trial of any person charged with a
violation of this section, the person produces for the court or the
prosecuting attorney the proper hunting license issued to the
person and valid at the time of the offense, the court having
jurisdiction of the suit shall dismiss the charge.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 810, ch. 368, § 1, eff. Aug.
27, 1979.
§ 42.025. PENALTY. A person who violates any provision
of this chapter commits an offense that is a Class C Parks and
Wildlife Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 15, eff.
Sept. 1, 1985.
