PARKS AND WILDLIFE CODE
CHAPTER 43. SPECIAL LICENSES AND PERMITS
SUBCHAPTER B. WHITE-WINGED DOVE STAMPS
§ 43.011. WHITE-WINGED DOVE STAMP
REQUIRED. (a) Except as provided by Subsection (b) of this
section, no person may hunt white-winged dove in this state unless
the person has acquired a white-winged dove stamp issued to the
person by the department. The commission by rule may prescribe
requirements relating to possessing a stamp required by this
subchapter.
(b) The commission by regulation may exempt a person from
the stamp requirement of this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 838, § 6, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 931, § 17, eff. June 16, 1995.
§ 43.012. ISSUANCE OF STAMP. (a) The department may
issue a white-winged dove stamp to any person on the payment to the
department of $6 or an amount set by the commission, whichever
amount is more. The department may issue other editions of the
stamp that are not valid for hunting at an amount set by the
commission.
(b) The stamp shall be issued in the form and manner
prescribed by the department and, except as provided by Subsection
(c), must be signed on its face by the person using the stamp for the
stamp to be valid for hunting purposes.
(c) The commission by rule may prescribe alternate
requirements for identifying the purchaser of a stamp issued in an
automated manner.
(d) A stamp issued under this subchapter is valid for
hunting only during the yearly period for which the stamp is issued
without regard to the date on which the stamp is acquired. A yearly
period 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. The commission by rule may set the amount of a
stamp fee for a stamp issued during a transition period at an amount
lower than prescribed in this subchapter and provide for a stamp
term for a transition period that is shorter or longer than a year.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1329, ch. 277, § 11, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 20, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 838, § 7, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 931, § 18, eff. June 16, 1995.
§ 43.013. HUNTING LICENSE REQUIRED ALSO. The
acquisition of a white-winged dove stamp does not authorize a
person to hunt white-winged dove without having acquired a hunting
license as provided in Chapter 42 of this code or authorize the
hunting of white-winged dove at any time or by any means not
otherwise authorized by this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 43.014. DISPOSITION OF STAMP FEES. (a) After
deduction of the collection fee, if allowed, the receipts from
stamp sales shall be sent to the department.
(b) The stamp sale receipts may be spent only for research
and management for the protection of white-winged dove and for the
acquisition, lease, or development of white-winged dove habitat in
the state. Not more than one-half of the receipts may be expended
for research and management.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1208, ch. 456, § 7, eff.
Sept. 1, 1975; Acts 1977, 65th Leg., p. 734, ch. 275, § 1, eff.
Aug. 29, 1977; Acts 1979, 66th Leg., p. 548, ch. 260, art. 1, §
3, eff. Sept. 1, 1979; Acts 1985, 69th Leg., ch. 267, art. 2, §
21, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, § 19, eff.
June 16, 1995.
§ 43.015. REFUSAL TO SHOW STAMP OR PROOF OF EXEMPTION
ELIGIBILITY. A person hunting white-winged dove who refuses on
demand of any game warden or peace officer to show a white-winged
dove stamp or proof that the person is eligible for any exemptions
provided by Section 43.011(b) is presumed to be in violation of
Section 43.011 of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 838, § 8, eff. Sept. 1,
1993.
§ 43.016. PENALTY. A person who violates Section 43.011
of this code 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, § 17, eff.
Sept. 1, 1985.
SUBCHAPTER C. PERMITS FOR SCIENTIFIC RESEARCH, ZOOLOGICAL
COLLECTION, REHABILITATION, AND EDUCATIONAL DISPLAY
§ 43.021. PROTECTED WILDLIFE. In this subchapter,
"protected wildlife" means all indigenous mammals, indigenous
birds, indigenous reptiles, indigenous amphibians, indigenous
fish, and other indigenous aquatic life the taking, collecting,
holding, possession, propagation, release, display, or transport
of which is governed by a provision of this code other than this
subchapter or by a commission rule adopted under any provision of
this code other than this subchapter and includes endangered
species.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1995, 74th Leg., ch. 927, § 2, eff. Dec. 1, 1995.
§ 43.022. PERMIT REQUIREMENT. (a) No person may
collect, hold, possess, display, transport, release, or propagate
protected wildlife for the purposes of this subchapter without a
permit issued under this subchapter.
(b) A permit under this subchapter is not required for an
activity that may be lawfully conducted under the authority of
another license or permit issued under this code or in accordance
with another provision of this code.
(c) No other license is required for an activity conducted
under the authority of a permit issued under this subchapter.
(d) A permit under this subchapter is not required to hold,
transport, propagate, or display a marine mammal held under the
authority of the federal Marine Mammal Protection Act (16 U.S.C.
Section 1361 et seq.) unless the marine mammal is:
(1) a marine mammal for which the department has been
delegated management authority under Section 1379 of the Marine
Mammal Protection Act (16 U.S.C. Section 1379); or
(2) a marine mammal listed under the federal
Endangered Species Act (16 U.S.C. Section 1531 et seq.).
(e) The department may issue a permit to a qualified person
to collect, hold, possess, display, transport, release, or
propagate protected wildlife for scientific research, educational
display, zoological collection, or rehabilitation. A permit may
not be issued to propagate protected wildlife for rehabilitation or
educational display.
(f) The commission shall adopt rules to govern the
collecting, holding, possession, propagation, release, display, or
transport of protected wildlife for scientific research,
educational display, zoological collection, or rehabilitation.
(g) The commission by rule may set fees for review of permit
applications, inspections, transportation and boarding of seized
animals, laboratory analysis, or other department actions
necessary for implementation of this subchapter.
(h) The commission by rule may exempt certain categories of
activities from the permitting and fee requirements of or
established under this subchapter if those activities are
determined to provide a public benefit and do not adversely affect a
protected wildlife resource.
(i) A permit authorized by this subchapter may be issued by
the director or the director's designee.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1991, 72nd Leg., ch. 704, § 2, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 927, § 3, eff. Dec. 1, 1995.
§ 43.024. DISPOSITION OF PROTECTED WILDLIFE. (a) All
protected wildlife collected and subsequently held under this
subchapter or rules adopted under this subchapter remain the
property of the state and shall be relinquished to the department or
an agent of the department on demand or otherwise disposed of in a
manner prescribed by the department.
(b) No permit may be issued for the taking or transportation
of any endangered fish or wildlife the possession, taking, or
transportation of which is prohibited by federal law.
(c) A permit issued for the taking of migratory birds is not
valid unless the applicant has obtained a federal permit for the
taking of migratory birds.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1991, 72nd Leg., ch. 704, § 3, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 927, § 4, eff. Dec. 1, 1995.
§ 43.028. CIVIL SUIT; INJUNCTIVE RELIEF;
COSTS. (a) The department, on the approval of the director or
commission, may authorize the filing and prosecution of a civil
suit to enforce this subchapter or a rule adopted under this
subchapter.
(b) On finding of a violation of this subchapter or a rule
adopted under this subchapter, a court may assess a civil penalty in
addition to providing injunctive relief. The penalty may not
exceed $1,000 for each violation. Each day of violation is a
separate offense. A civil suit filed under this subchapter is not a
bar to any criminal or administrative action.
(c) On entry of a judgment in favor of the department, the
court may award attorney's fees and court costs to the state.
Added by Acts 1995, 74th Leg., ch. 927, § 5, eff. Dec. 1, 1995.
§ 43.030. PENALTY. A person who violates Section
43.022, a commission rule, or the conditions of a permit issued
under this subchapter 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, § 18, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 927, § 6, eff. Dec. 1,
1995.
SUBCHAPTER D. HUNTING LEASE LICENSES
§ 43.041. DEFINITIONS. In this subchapter:
(1) "Hunting cooperative" means a cooperative
enterprise in which participating landowners pool their acreage and
lease it for hunting purposes under the authority of a hunting lease
license and in which the leasing profits are distributed to the
landowners according to the landowners' participation.
(2) "Hunting lease" means the aggregate amount of land
owned by one individual, partnership, firm, or corporation or the
aggregate amount of land in a hunting cooperative in a county and
leased for hunting purposes. If an individual, partnership, firm,
or corporation owns a single tract of land, or if a hunting
cooperative has land, located partially in one county and partially
in another county, the individual, partnership, firm, or
corporation or the hunting cooperative may not be required to have a
separate hunting lease license for that portion of the land located
in the second county, unless the individual, partnership, firm, or
corporation, or a landowner participating in the hunting
cooperative, owns other land leased for hunting purposes in the
second county. If an individual, partnership, firm, or corporation
owns a single tract of land, or if a hunting cooperative has land,
located partially in one county and partially in another county and
the individual, partnership, firm, or corporation or the hunting
cooperative is not required to have two licenses, the aggregate
acreage of the tract shall be used for determining the amount of the
license fee required by this subchapter.
(3) "Licensee" means:
(A) a person who owns the land, or manages a
hunting cooperative that has land, on which a hunting lease is
located; or
(B) an individual listed on the license
application as the landowner's agent who holds a hunting lease
license.
(4) "Guest" means a person, other than a licensee, who
hunts or takes an animal or bird on a hunting lease.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, § 3, eff.
Sept. 1, 1975; Acts 1985, 69th Leg., ch. 267, art. 3, § 19, eff.
Sept. 1, 1985; Acts 1989, 71st Leg., ch. 512, § 1, eff. Sept. 1,
1989; Acts 1989, 71st Leg., ch. 856, § 1, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 16, § 15.02, eff. Aug. 26, 1991; Acts
1991, 72nd Leg., ch. 805, § 1, eff. Sept. 1, 1991.
§ 43.042. LICENSE REQUIRED. (a) The owner of a hunting
lease or the landowner's agent may not receive as a guest for pay or
other consideration another person engaged in hunting unless the
owner or agent has acquired a hunting lease license from the
department.
(b) The license shall be displayed on the hunting lease.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, § 3, eff.
Sept. 1, 1975; Acts 1989, 71st Leg., ch. 512, § 1, eff. Sept. 1,
1989.
§ 43.043. ISSUANCE OF LICENSE. The department may issue
a hunting lease license only in the name of the owner of a hunting
lease or the name of the landowner's agent.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, § 3, eff.
Sept. 1, 1975; Acts 1989, 71st Leg., ch. 512, § 1, eff. Sept. 1,
1989.
§ 43.0431. APPLICATION FOR LICENSE. (a) The
department may require an application for a license and may
prescribe the form and content of the application.
(b) A written agreement containing the name, signature,
address, and number of acres for each participating landowner
included in a hunting cooperative must be attached to the
application for a hunting lease license for a hunting lease that is
a hunting cooperative.
Added by Acts 1989, 71st Leg., ch. 512, § 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 805, § 2, eff. Sept. 1,
1991.
§ 43.0432. WILDLIFE MANAGEMENT ASSOCIATION AREA HUNTING
LEASE LICENSES. (a) The owner of a tract of land included in a
wildlife management association area under Section 81.301 of this
code may apply for a wildlife management association area hunting
lease license for that tract of land.
(b) A wildlife management association area hunting lease
license applies only to the tract of land for which it is issued.
(c) Except as inconsistent with this section, this
subchapter applies to a wildlife management association area
hunting lease license in the same manner that it applies to a
hunting lease license.
Added by Acts 1993, 73rd Leg., ch. 418, § 1, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 635, § 4, eff. Sept. 1, 1993.
§ 43.044. LICENSE FEES. (a) The fees for hunting lease
licenses, other than hunting leases that are hunting cooperatives,
are determined by the following schedule or determined by the
commission, whichever amount is more:
(1) $15 if the area of the hunting lease is less than
500 acres;
(2) $40 if the area of the hunting lease is 500 acres
or more but less than 1,000 acres; and
(3) $60 if the area of the hunting lease is 1,000 acres
or more.
(b) The fee for a license for a hunting lease that is a
hunting cooperative is as follows:
(1) $60 + $5 per participating landowner if the area of
the hunting lease is less than 10,000 acres;
(2) $120 + $5 per participating landowner if the area
of the hunting lease is between 10,000 and 50,000 acres; and
(3) $240 + $5 per participating landowner if the area
of the hunting lease is over 50,000 acres.
(c) The fee for a wildlife management association area
hunting lease license is:
(1) $30 + $5 per participating landowner if the area of
the wildlife management association is less than 10,000 acres;
(2) $60 + $5 per participating landowner if the area of
the wildlife management association is between 10,000 and 50,000
acres; and
(3) $120 + $5 per participating landowner if the area
of the wildlife management association is over 50,000 acres.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, § 3, eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 1329, ch. 277, § 12, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 22, eff.
Sept. 1, 1985; Acts 1989, 71st Leg., ch. 512, § 1, eff. Sept. 1,
1989; Acts 1989, 71st Leg., ch. 856, § 2, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 16, § 15.03, eff. Aug. 26, 1991; Acts
1991, 72nd Leg., ch. 805, § 3 eff. Sept. 1, 1991; Acts 1993, 73rd
Leg., ch. 418, § 2, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch.
635, § 5, eff. Sept. 1, 1993.
§ 43.045. DURATION OF LICENSE. A hunting lease license
is valid for the period from September 1 or another date set by the
commission through August 31 of the next 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 subchapter and provide for a
license term for a transition period that is shorter or longer than
a year.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, § 3, eff.
Sept. 1, 1975; Acts 1989, 71st Leg., ch. 512, § 1, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 931, § 20, eff. June 16, 1995.
§ 43.055. PENALTY. A person who violates any provision
of this subchapter or who fails to comply with any provision of this
subchapter commits an offense that is a Class C Parks and Wildlife
Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Renumbered from § 43.057 and amended by Acts 1975, 64th Leg., p.
1204, ch. 456, § 3, eff. Sept. 1, 1975. Amended by Acts 1977,
65th Leg., p. 813, ch. 303, § 2, eff. Aug. 29, 1977; Acts 1985,
69th Leg., ch. 267, art. 3, § 21, eff. Sept. 1, 1985; Acts 1989,
71st Leg., ch. 512, § 1, eff. Sept. 1, 1989.
SUBCHAPTER E. PERMITS FOR TRAPPING, TRANSPORTING, AND
TRANSPLANTING GAME ANIMALS AND GAME BIRDS
§ 43.061. TRAPPING, TRANSPORTING, AND TRANSPLANTING
GAME ANIMALS AND GAME BIRDS; PERMIT REQUIRED. (a) No person may
capture, transport, or transplant any game animal or game bird from
the wild in this state unless that person has obtained a permit to
trap, transport, and transplant from the department.
(b) The department may issue permits for trapping,
transporting, and transplanting game animals or game birds from the
wild to allow adjustments in game populations for better wildlife
management. The permits may be issued only if recommended by
separate wildlife stocking plans approved by the department for
both the origin and the destination of the game animals or game
birds.
(c) The state is not liable for and may not incur any expense
for the trapping, transporting, and transplanting of game animals
and game birds under a permit issued under this section.
(d) A person receiving a permit under this section commits
an offense if that person does not comply with the conditions listed
on the permit, including conditions designed to minimize stress and
maximize the humane treatment of trapped or transplanted animals
and to minimize human health and safety risks.
(e) This section does not apply to any game animals or game
birds that are possessed or propagated under a license or permit
issued for that activity under another section of this code or to an
activity conducted under a permit issued under Section 43.0611.
(f) The commission by rule may set fees for review of permit
applications or other department actions necessary to implement
this section. If the permit authorizes the applicant to trap,
transport, and transplant squirrels that are causing damage to
personal property, the applicant is exempt from the payment of the
fee.
(g) The commission shall adopt rules for the content of
wildlife stocking plans, certification of wildlife trappers, and
the trapping, transporting, and transplanting of game animals and
game birds under this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1995, 74th Leg., ch. 927, § 8, eff. Dec. 1, 1995.
§ 43.0611. URBAN WHITE-TAILED DEER REMOVAL; PERMIT
REQUIRED. (a) The department may issue to an individual an urban
white-tailed deer removal permit for the trapping, transporting,
and transplanting of white-tailed deer if the individual shows to
the department's satisfaction that:
(1) there is an overpopulation of the deer in an area
where deer hunting is inadequate, because of human health or safety
concerns, for maintaining a balanced population of deer;
(2) the deer will be removed and transplanted to an
area of adaptable natural habitat capable of sustaining the
additional deer without exceeding the capacity of the habitat; and
(3) the deer will be subject to lawful hunting after
the relocation.
(b) The state is not liable for and may not incur any expense
for the trapping, transporting, and transplanting of white-tailed
deer under a permit issued under this section.
(c) The commission by rule may set fees for review of permit
applications or other department actions necessary to implement
this section. If the permit authorizes the applicant to remove
white-tailed deer only from property owned by a political
subdivision or institution of higher education of this state, the
applicant is exempt from the payment of the fee.
(d) A person holding a permit issued under this section
commits an offense if that person does not comply with conditions
listed on the permit, including conditions designed to minimize
stress and maximize the humane treatment of trapped or transplanted
animals and that minimize human health and safety risks.
(e) The department may establish times when only department
staff may trap, transport, or transplant deer under this section.
(f) Permits issued under this section do not entitle a
person to take, trap, or possess white-tailed deer on any privately
owned land without the landowner's written permission.
(g) The commission shall adopt rules for fees,
applications, and activities, including limitations on the times of
the activities, relating to permits for trapping, transporting, or
transplanting white-tailed deer.
Added by Acts 1995, 74th Leg., ch. 927, § 9, eff. Dec. 1, 1995.
§ 43.0612. TRAPPING AND TRANSPORTING SURPLUS
WHITE-TAILED DEER; PERMIT REQUIRED. (a) In this section,
"property owners' association" has the meaning assigned by Section
202.001, Property Code.
(b) The department may issue to a political subdivision or a
property owners' association a permit authorizing the trapping and
transporting of surplus white-tailed deer found within the
boundaries of the political subdivision or the geographic area in
which property subject to the property owners' association is
located.
(c) Not later than the 30th day before the date of the first
planned trapping and transporting of white-tailed deer, a political
subdivision or a property owners' association shall file with the
department an application showing that an overpopulation of
white-tailed deer exists within the political subdivision or the
geographic area in which property subject to the property owners'
association is located. If the department issues a permit to a
requesting political subdivision or property owners' association
the permit shall contain specific instructions detailing the
location to which the trapped white-tailed deer are to be
transported or transplanted.
(d) After receipt of an application, the department may
issue to the political subdivision or property owners' association
a permit specifying:
(1) the location to which trapped white-tailed deer
must be transported; and
(2) the purpose for which the trapped deer are to be
used.
(e) The department may deny a political subdivision or a
property owners' association a permit if no suitable destination
for the trapped white-tailed deer exists.
(f) A political subdivision or property owners' association
trapping and transporting white-tailed deer under this section must
make reasonable efforts to ensure:
(1) safe and humane handling of trapped white-tailed
deer; and
(2) minimization of human health and safety hazards in
every phase of the trapping and transporting of white-tailed deer.
(g) A permit issued under this section may authorize a
political subdivision or a property owners' association to trap and
transport white-tailed deer only between October 1 of a year and
March 31 of the following year, unless white-tailed deer found in
the political subdivision or in the geographic area in which
property subject to the property owners' association is located
pose a threat to human health or safety, in which case the provision
of Subsection (e) does not apply and a permit may authorize the
political subdivision or property owners' association to trap and
transport white-tailed deer at any time of the year.
(h) A permit issued under this section does not entitle a
person to take, trap, or possess white-tailed deer found on any
privately owned land without the landowner's written permission.
(i) The state is not liable for and may not incur any expense
for the trapping and transporting of white-tailed deer under a
permit issued under this section.
(j) The department may not charge a fee for a white-tailed
deer trapping and transporting permit issued under this section.
(k) The commission may adopt rules necessary for the
implementation of this chapter, including rules which enhance the
opportunity to relocate overpopulation of urban deer and relating
to required notification, record-keeping, permit conditions, and
the disposition of trapped white-tailed deer.
Acts 2003, 78th Leg., ch. 1241, § 1, eff. Sept. 1, 2003.
§ 43.062. PENALTY. A person who violates any provision
of this subchapter or the terms of a permit issued under this
subchapter commits an offense that is a Class B Parks and Wildlife
Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 22, eff. Sept.
1, 1985.
SUBCHAPTER F. PRIVATE BIRD HUNTING AREAS
§ 43.071. DEFINITIONS. In this subchapter:
(1) "Private bird hunting area" means a tract of land
on which the hunting or taking of pen-reared birds is authorized
under this subchapter.
(2) "Licensee" means a person who holds a private bird
hunting area license.
(3) "Guest" means a person other than a licensee who
hunts or takes birds on a private bird hunting area.
(4) "Field trial" means the hunting of banded
pen-reared birds in a formal trial of bird dogs that has been
licensed or sanctioned by an organization or association of bird
dog clubs, with or without the awarding of points.
(5) "Pen-reared birds" means bobwhite quail,
pheasant, partridge, and mallard ducks propagated or acquired under
Chapter 45 of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 512, § 2, eff. Sept. 1,
1989; Acts 1990, 71st Leg., 6th C.S., ch. 22, § 1, eff. Nov. 1,
1990.
§ 43.072. APPLICATION FOR LICENSE. (a) Any person may
apply to the department for a private bird hunting area license.
(b) The application for a private bird hunting area license
must be on a form supplied by the department and must include:
(1) the name and address of the applicant;
(2) the total number of contiguous acres to be
licensed;
(3) the name and general location of the property; and
(4) the species of pen-reared birds to be hunted.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1330, ch. 277, § 13, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 23, eff.
Sept. 1, 1985; Acts 1989, 71st Leg., ch. 512, § 2, eff. Sept. 1,
1989.
§ 43.0721. LICENSE REQUIRED. (a) No person may
release banded pen-reared birds under this subchapter unless the
person holds a valid private bird hunting area license.
(b) The license must be displayed on the private bird
hunting area.
(c) A person is not required to hold a hunting lease license
issued under Subchapter D to hunt banded pen-reared birds released
under the authority of this subchapter.
Added by Acts 1989, 71st Leg., ch. 512, § 2, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 171, § 1, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 1256, § 32, eff. Sept. 1, 1997.
§ 43.0722. ISSUANCE OF LICENSE; FEE;
VALIDITY. (a) The department may issue a license for a private
bird hunting area under this subchapter.
(b) The license shall be issued in the name of a person.
(c) The fee for a private bird hunting area license is $60 or
an amount set by the commission, whichever amount is more.
(d) The department may not issue more than one private bird
hunting area license for a single tract of land.
(e) A private bird hunting area license is valid only for
the tract of land for which it is issued.
(f) The private bird hunting area license is valid from
September 1 or another date set by the commission through August 31
of the next 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 subchapter and provide for a license term for a
transition period that is shorter or longer than a year.
Added by Acts 1989, 71st Leg., ch. 512, § 2, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 931, § 22, eff. June 16,
1995.
§ 43.073. SIZE OF AREA; LIMITATIONS; MARKINGS. (a) A
private bird hunting area may consist of not more than 8,000
contiguous acres.
(b) A private bird hunting area shall be distinguished from
any other club, hunting lease, or other leased premises for hunting
purposes by clearly marking its boundaries with wood, plastic, or
metal signs bearing the words, "Private Bird Hunting Area," and the
identification number. The lettering and identification number on
these signs must be in block letters and arabic numbers not less
than three inches high, and must be in a color that contrasts with
the background.
(c) Signs shall be placed at each entrance and all corners
to identify clearly the boundaries of each licensed area.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 512, § 2, eff. Sept. 1,
1989.
§ 43.074. TAKING OF PEN-REARED BIRDS
AUTHORIZED. (a) A licensee or a guest may take banded pen-reared
birds on a licensed private bird hunting area during the private
bird hunting area season.
(b) The private bird hunting area season begins each
September 1 and extends through the following August 31.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 512, § 2, eff. Sept. 1,
1989.
§ 43.075. GAME BIRDS IN CAPTIVITY; BANDING. (a) A
licensee may hold pen-reared birds in captivity on the private bird
hunting area only for release to provide hunting.
(b) All pen-reared birds released on a private bird hunting
area shall be banded with a metal or plastic band before release.
(c) Each band must show the identification number of the
licensee.
(d) The band must remain on each bird killed until the bird
is taken to the permanent residence of the hunter, the permanent
residence of another person receiving the bird, or a cold storage or
processing facility unless the name and identification number of
the licensee has been stamped or printed on the box, wrapping, or
package containing the carcass of a bird that has been processed and
possessed, shipped, or transported without the band attached.
(e) This subchapter may not be construed to exempt the
holder of a private bird hunting area license from the requirement
of a commercial game bird breeder's license if the pen-reared birds
are propagated on the licensed area.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 512, § 2, eff. Sept. 1,
1989; Acts 1997, 75th Leg., ch. 1256, § 33, eff. Sept. 1, 1997.
§ 43.076. LICENSE FORM. A private bird hunting area
license must be on a form prescribed by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 512, § 2, eff. Sept. 1,
1989.
§ 43.0762. REGULATIONS. The commission may adopt
regulations necessary to administer this subchapter, including any
provision, limitation, or prohibition necessary to manage and
protect game birds occurring naturally in the wild.
Added by Acts 1989, 71st Leg., ch. 512, § 2, eff. Sept. 1, 1989.
§ 43.0763. APPLICATION FOR FIELD TRIAL
PERMIT. (a) Any person, including a licensee, may apply to the
department for a field trial permit.
(b) The application must be on a form prescribed by the
department and must contain the following information:
(1) name and address of the applicant;
(2) name, address, and identification number of the
licensee for the private bird hunting area at which the field trial
is to be held;
(3) the species of birds to be used in the field trial;
and
(4) the name of the association or organization of
bird dog clubs licensing or sanctioning the field trial.
(c) Repealed by Acts 1991, 72nd Leg., ch. 171, § 2, eff.
Sept. 1, 1991.
Added by Acts 1989, 71st Leg., ch. 512, § 2, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 171, § 2, eff. Sept. 1,
1991.
§ 43.0764. FIELD TRIAL PERMIT; FEE; VALIDITY. (a) No
person, club, or organization may hold a field trial unless that
person, club, or organization has in its immediate possession a
valid field trial permit issued by the department.
(b) The fee for a field trial permit is $50 or an amount set
by the commission, whichever amount is more.
(c) A field trial permit shall be issued in the name of an
individual.
(d) A field trial permit is valid for a period of nine
consecutive days.
(e) A field trial permit is not valid for a tract of land or
premises that is not licensed as a private bird hunting area.
Added by Acts 1989, 71st Leg., ch. 512, § 2, eff. Sept. 1, 1989.
§ 43.077. PENALTY. A person who violates any provision
of this subchapter or a regulation of the commission under this
subchapter 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, § 23, eff.
Sept. 1, 1985; Acts 1989, 71st Leg., ch. 512, § 2, eff. Sept. 1,
1989.
§ 43.078. HUNTING LICENSE REQUIRED. (a) Except as
provided by Subsection (b) of this section, this subchapter does
not authorize any person to hunt pen-reared birds on a licensed
private bird hunting area without having in the person's immediate
possession a hunting license required by Chapter 42 of this code.
(b) A person registered to participate in a field trial held
under a field trial permit issued by the department is exempt, for
the field trial, from the hunting license requirements of Chapter
42 of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 512, § 2, eff. Sept. 1,
1989.
SUBCHAPTER G. PERMITS TO MANAGE WILDLIFE AND EXOTIC ANIMALS FROM
AIRCRAFT
§ 43.101. APPLICABILITY OF SUBCHAPTER. This subchapter
and a proclamation or regulation of the commission adopted under
this subchapter apply to all counties of the state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1222, ch. 456, § 23, eff.
Sept. 1, 1975; Acts 1977, 65th Leg., p. 568, ch. 202, § 1, eff.
May 20, 1977; Acts 1979, 66th Leg., p. 255, ch. 133, § 1, eff.
May 9, 1979; Acts 1979, 66th Leg., p. 784, ch. 346, § 1, eff.
June 6, 1979; Acts 1981, 67th Leg., p. 936, ch. 351, § 1, eff.
June 10, 1981; Acts 1983, 68th Leg., p. 4706, ch. 819, § 1, eff.
Aug. 29, 1983; Acts 1985, 69th Leg., ch. 730, § 1, eff. Aug. 26,
1985; Acts 1989, 71st Leg., ch. 545, § 1, eff. Sept. 1, 1989.
§ 43.102. PERMIT AUTHORIZED. Under Public Law 92-159,
Section (b)(1) (85 Stat. 480, 16 U.S.C. 742j-1), the department may
issue permits for the management of wildlife and exotic animals by
the use of aircraft in this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 545, § 1, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 969, § 2, eff. Sept. 1, 1995.
§ 43.103. DEFINITIONS. In this subchapter:
(1) "Aircraft" means a mechanical or other device used
for flight in the air.
(2) "Depredating animals" means bobcats, feral hogs,
red foxes, coyotes, and crossbreeds between coyotes and dogs but
does not include birds or fowl.
(3) "Exotic animals" includes exotic livestock and
exotic fowl as defined by Section 161.001(a), Agriculture Code,
wild animals that are nonindigenous to Texas, aoudad sheep, and
elk.
(4) "Harass" means to disturb, worry, molest, harry,
torment, rally, concentrate, drive, or herd.
(5) "Management by the use of aircraft" means
counting, photographing, relocating, capturing, or hunting by the
use of aircraft.
(6) "Wildlife" means any vertebrate species or their
hybrids that normally live in a state of nature and are not
ordinarily domesticated. This definition includes depredating
animals.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 545, § 1, eff. Sept. 1,
1989; Acts 1990, 71st Leg., 6th C.S., ch. 22, § 2, eff. Nov. 1,
1990. Amended by Acts 1991, 72nd Leg., ch. 424, § 1, eff. Sept.
1, 1991; Acts 1995, 74th Leg., ch. 969, § 3, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 863, § 2, eff. Sept. 1, 1997.
§ 43.104. GROUNDS TO ISSUE PERMIT. The department may
issue a permit to any person if the department finds that management
of wildlife or exotic animals by the use of aircraft is necessary to
protect or to aid in the administration or protection of land,
water, wildlife, livestock, domesticated animals, human life, or
crops and will not have a deleterious effect on indigenous species.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 545, § 1, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 969, § 4, eff. Sept. 1, 1995.
§ 43.105. APPLICATION FOR PERMIT. (a) An applicant
for a permit under this subchapter shall file with the application
one or more affidavits, containing facts as well as opinion, as to
why the permit should be issued for the management of wildlife or
exotic animals by the use of aircraft.
(b) A permit holder under this subchapter must submit a
landowner's authorization to manage wildlife or exotic animals to
the department identifying the land to be managed and stating the
kind and number of wildlife or exotic animals to be managed. The
landowner's authorization may be submitted by a group of landowners
or by an association on behalf of such landowners.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 545, § 1, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 969, § 5, eff. Sept. 1, 1995.
§ 43.106. FORM AND PERIOD OF VALIDITY OF PERMIT;
RENEWAL. (a) The department shall prescribe the form and manner
of issuance of, and periods of validity and renewal dates for,
permits and landowner's authorizations authorized by this
subchapter.
(b) A landowner agreement application to manage wildlife or
exotic animals may be approved by the department for the time period
required to complete the management activity but not for less than
one year.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 545, § 1, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 969, § 6, eff. Sept. 1, 1995.
§ 43.107. REPORTS REQUIRED. (a) The holder of a permit
under this subchapter shall report to the department in the time and
manner required by commission proclamation.
(b) An offense under this section may be prosecuted in the
county in which the defendant resides or in the county where the
offense took place.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 545, § 1, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 969, § 7, eff. Sept. 1, 1995.
§ 43.108. REPORTS BY DEPARTMENT. The department shall
report annually to the Secretary of the Interior of the United
States as required by federal law.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 545, § 1, eff. Sept. 1,
1989.
§ 43.109. REGULATIONS. (a) The commission may make
regulations governing management of wildlife or exotic animals by
the use of aircraft under this subchapter.
(b) A proclamation or regulation of the commission adopted
under this subchapter may:
(1) prescribe forms and procedures for permit
applications;
(2) establish procedures for the management of
wildlife or exotic animals by the use of aircraft;
(3) limit the time and the place for which a permit is
valid;
(4) prohibit acts; and
(5) require, limit, or prohibit any activity as
necessary to implement this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 545, § 1, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 969, § 8, eff. Sept. 1, 1995.
§ 43.1095. PROHIBITED ACTS. (a) For purposes of this
subchapter, a person commits an offense if that person:
(1) hunts or kills, or attempts to hunt or kill, from
an aircraft any animal or bird that is not specifically authorized
by a permit issued under this subchapter;
(2) uses an aircraft to manage wildlife or exotic
animals without first obtaining and having in the person's
immediate possession a permit and a landowner's authorization for
the management of wildlife or exotic animals by the use of aircraft;
or
(3) uses an aircraft to harass wildlife, exotic
animals, or any other animal or bird.
(b) It is a defense to prosecution for harassment of
wildlife or exotic animals under this section if the person is
engaged in the activity of counting, photographing, relocating,
capturing, or hunting wildlife or exotic animals under the
authority of a permit under this subchapter.
(c) Nothing in this chapter authorizes a person to hunt any
animal or bird from an aircraft for sport.
Added by Acts 1989, 71st Leg., ch. 545, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 969, § 9, eff. Sept. 1,
1995.
§ 43.110. PERMIT FEE. The commission shall set a fee
for a permit that authorizes the management of wildlife or exotic
animals by the use of aircraft.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 545, § 1, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 969, § 10, eff. Sept. 1, 1995.
§ 43.111. PENALTY. (a) Except as otherwise provided
by this section, a person who violates any provision of this
subchapter or a proclamation or regulation adopted under this
subchapter commits an offense that is a Class A Parks and Wildlife
Code misdemeanor.
(b) A person who violates Section 43.107 commits an offense
that is a Class C Parks and Wildlife Code misdemeanor.
(c) If it is shown at the trial of the defendant for a
violation of this subchapter or a proclamation or regulation
adopted under this subchapter that the defendant has been convicted
of a Class A Parks and Wildlife Code misdemeanor violation of this
subchapter within 10 years preceding the trial date, on conviction
the defendant shall be punished for a Parks and Wildlife Code
felony. This subsection does not apply if the previous conviction
was for a violation of Section 43.107.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 24, eff.
Sept. 1, 1985; Acts 1989, 71st Leg., ch. 545, § 1, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 969, § 11, eff. Sept. 1, 1995.
SUBCHAPTER H. PERMITS TO CONTROL WILDLIFE PROTECTED BY THIS CODE
§ 43.151. THREATS TO PUBLIC SAFETY OR DAMAGE BY
WILDLIFE. (a) A person who has evidence clearly showing that
wildlife protected by this code is causing serious damage to
agricultural, horticultural, or aquicultural interests or other
property, or is a threat to public safety, and who desires to kill
the protected wildlife shall give written notice of the facts to the
county judge of the county or to the mayor of the municipality in
which the damage or threat occurs.
(b) The county judge or mayor, on receiving the notice,
shall immediately cause a substantial copy of the notice to be
posted in the county courthouse or city hall, as applicable, and
shall notify the department of the location of the property where
the damage or threat is occurring, the type of damage or nature of
the threat, and the name of the applicant.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1987, 70th Leg., ch. 610, § 1, eff. Sept. 1,
1987; Acts 2001, 77th Leg., ch. 968, § 38, eff. Sept. 1, 2001.
§ 43.152. DEPARTMENT INSPECTION. On receiving notice
from a county judge or mayor, the department shall inspect the
property and determine if damage or a threat to public safety is
occurring as alleged in the notice. If the damage or threat is
occurring, the department shall make recommendations to the person
as are feasible and appropriate for controlling the damage or
threat.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1987, 70th Leg., ch. 610, § 1, eff. Sept. 1,
1987; Acts 2001, 77th Leg., ch. 968, § 39, eff. Sept. 1, 2001.
§ 43.153. APPLICATION FOR PERMIT. (a) A person who has
evidence of damage by depredation or threat to public safety may
file with the department an application for a permit to kill the
protected wildlife.
(b) The application must be in writing and be sworn to by the
applicant and must contain:
(1) a statement of facts relating to the damage or
threat; and
(2) an agreement by the applicant to comply with the
provisions of this subchapter relating to the disposition of the
protected wildlife.
(c) The application must be accompanied by:
(1) a statement signed by the employee of the
department who made the investigation that damage is being done or
that a threat exists and control measures have been recommended;
(2) a statement by the applicant that he has taken all
measures recommended by the department for the prevention of the
damage or threat; and
(3) a certification of the county judge that the
application is true.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1987, 70th Leg., ch. 610, § 1, eff. Sept. 1,
1987.
§ 43.154. PERMIT. (a) On receipt of an application,
the department may issue a permit for the killing of wildlife
without regard to the closed season, bag limit, or means and
methods.
(b) The department shall deliver the permit, if issued, to
the county judge or mayor that sent the notice of damage or threat.
The permit may not be delivered earlier than 24 hours after the
notice from the county judge or mayor was received by the
department.
(c) A permit must specify:
(1) the period of time during which it is valid;
(2) the area in which it applies;
(3) the kind of wildlife authorized to be killed; and
(4) the persons permitted to kill the noxious
wildlife.
(d) No state permit is required to authorize a person to
kill migratory birds protected by the Federal Migratory Bird Treaty
Act if the person has obtained a permit authorizing that activity
from the United States Department of the Interior or the United
States Department of Agriculture.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1987, 70th Leg., ch. 610, § 1, eff. Sept. 1,
1987; Acts 1997, 75th Leg., ch. 1256, § 34, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 968, § 40, eff. Sept. 1, 2001.
§ 43.155. DISPOSITION OF WILDLIFE. (a) The holder of a
permit issued under this subchapter who kills wildlife under the
authority of the permit shall give the location of the wildlife
carcass to the game warden or other department employee assigned to
the area covered by the permit.
(b) The game warden or other department employee notified
shall dispose of the carcass by donating it to a charitable
institution, a hospital, a needy person, any other appropriate
recipient, or as directed by the court.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1987, 70th Leg., ch. 610, § 1, eff. Sept. 1,
1987.
§ 43.156. CANCELLATION OF PERMIT. The department may
cancel a permit if the permit does not accomplish its intended
purposes.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 48, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 610, § 1, eff. Sept. 1,
1987.
§ 43.157. VIOLATIONS; PENALTY. (a) No permittee may
fail to notify a game warden or other department employee of the
killing of wildlife as required by Section 43.155 of this code.
(b) No permittee may dispose of a wildlife carcass killed
under the permit or allow the wildlife to be disposed of except as
allowed under Section 43.155 of this code.
(c) No permittee may violate a term or condition of the
permit.
(d) A person who violates this section commits an offense
that is a Class B 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, § 25, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 610, § 1, eff. Sept. 1,
1987.
§ 43.158. LANDOWNER PERMIT EXEMPTION. Nothing in this
subchapter prevents a landowner or the landowner's agent or lessee
from taking depredating feral hogs on the landowner's land without
having acquired a permit under this subchapter.
Added by Acts 2003, 78th Leg., ch. 809, § 4, eff. June 20, 2003.
SUBCHAPTER I. ARCHERY STAMPS
§ 43.201. ARCHERY STAMP REQUIRED. (a) Except as
provided by Subsection (c) or (d), no person may hunt deer, turkey,
or javelina (collared peccary) during an open archery season
provided by law or by the proclamations of the commission and during
which season only crossbows used by hunters with upper limb
disabilities and longbows, recurved bows, and compound bows may be
used unless the person has acquired an archery hunting stamp issued
to the person by the department. The commission by rule may
prescribe requirements relating to possessing a stamp required by
this subchapter.
(b) The stamp shall be issued in the form and manner
prescribed by the department and, except as provided by Subsection
(d), must be signed on its face by the person using the stamp for the
stamp to be valid for hunting purposes.
(c) The commission by regulation may exempt a person from
the stamp requirement of this section.
(d) The commission by rule may prescribe alternate
requirements for identifying the purchaser of a stamp issued in an
automated manner.
(e) A stamp issued under this subchapter is valid for
hunting only during the yearly period for which the stamp is issued
without regard to the date on which the stamp is acquired. Each
yearly period 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. The commission by rule may set the
amount of a stamp fee for a stamp issued during a transition period
at an amount lower than prescribed in this subchapter and provide
for a stamp term for a transition period that is shorter or longer
than a year.
Added by Acts 1975, 64th Leg., p. 1203, ch. 456, § 1, eff. Sept.
1, 1975. Amended by Acts 1993, 73rd Leg., ch. 838, § 9, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 931, § 24, eff. June 16,
1995; Acts 1997, 75th Leg., ch. 1256, § 35, eff. Sept. 1, 1997.
§ 43.202 FEE. The fee for an archery hunting stamp is
$6 or an amount set by the commission, whichever amount is more.
The department may issue other editions of the stamp that are not
valid for hunting at an amount set by the commission.
Acts 1975, 64th Leg., p. 1203, ch. 456, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1330, ch. 277, § 14, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 24, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, § 25, eff. June 16,
1995.
§ 43.203. HUNTING LICENSE REQUIRED. The purchase or
possession of an archery hunting stamp does not permit a person to
hunt deer, turkey, or javelina without the license required by
Chapter 42 or by any means or methods not allowed by law.
Acts 1975, 64th Leg., p. 1203, ch. 456, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 36, eff. Sept. 1,
1997.
§ 43.204. STAMP SALE RECEIPTS. The net revenue derived
from the sale of archery hunting stamps shall be sent to the
department.
Acts 1975, 64th Leg., p. 1203, ch. 456, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 548, ch. 260, art. 1, § 4,
eff. Sept. 1, 1979.
§ 43.205. PENALTY. (a) A person who violates Section
43.201 of this code commits an offense that is a Class C Parks and
Wildlife Code misdemeanor.
(b) A person hunting a species covered by this chapter
during an open archery season who fails or refuses on the demand of
any game warden or other peace officer to exhibit an archery hunting
stamp or proof that the person is eligible for any exemptions
provided by Section 43.201(c) is presumed to be in violation of
Section 43.201 of this code.
Acts 1975, 64th Leg., p. 1203, ch. 456, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 26, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 838, § 10, eff. Sept. 1,
1993.
SUBCHAPTER J. TURKEY STAMP
§ 43.251. TURKEY STAMP REQUIRED. (a) Except as
provided by Subsection (b) of this section, no person may hunt
turkeys in this state unless the person has acquired a turkey stamp
issued to the person by the department. The commission by rule may
prescribe stamp possession requirements relating to possessing a
stamp required by this subchapter.
(b) The commission by regulation may exempt a person from
the stamp requirement of this section.
Added by Acts 1991, 72nd Leg., ch. 54, § 1, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 838, § 11, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 931, § 26, eff. June 16, 1995.
§ 43.252. DESIGN AND ISSUANCE OF STAMP. (a) The
department may issue a turkey stamp to any person on the payment to
the department of $5 or an amount set by the commission, whichever
amount is more. The department may issue other editions of the
stamp that are not valid for hunting at an amount set by the
commission. Except as provided by Subsection (d), the stamp must be
signed on its face by the person using the stamp for the stamp to be
valid for hunting purposes.
(b) The commission shall prescribe by regulation the form,
design, and manner of issuance of the turkey stamp. The department
shall retain the reproduction rights to the design.
(c) The commission may contract with and pay a person for
designing and producing the turkey stamp authorized by this
chapter.
(d) The commission by rule may prescribe alternate
requirements for identifying the purchaser of a stamp issued in an
automated manner.
(e) A stamp issued under this subchapter is valid for
hunting only during the yearly period for which the stamp is issued
without regard to the date on which the stamp is acquired. Each
yearly period 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. The commission by rule may set the
amount for a stamp fee for a stamp issued during a transition period
at an amount lower than prescribed in this subchapter and provide
for a stamp term for a transition period that is shorter or longer
than a year.
Added by Acts 1991, 72nd Leg., ch. 54, § 1, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 838, § 12, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 931, § 27, eff. June 16, 1995.
§ 43.253. HUNTING LICENSE REQUIRED ALSO. The
acquisition of a turkey stamp does not authorize a person to hunt
turkeys without having acquired a hunting license as provided by
Chapter 42 of this code or authorize the hunting of turkeys at any
time or by means not otherwise authorized by this code.
Added by Acts 1991, 72nd Leg., ch. 54, § 1, eff. Sept. 1, 1991.
§ 43.254. DISPOSITION OF STAMP FEES. (a) After
deduction of any collection fee, the net receipts from stamp sales
shall be sent to the department.
(b) The stamp sale net receipts may be spent only for
research, management, and protection of turkeys and for the
acquisition, lease, or development of turkey habitats in the state.
Added by Acts 1991, 72nd Leg., ch. 54, § 1, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 931, § 28, eff. June 16,
1995.
§ 43.255. REFUSAL TO SHOW STAMP OR PROOF OF EXEMPTION
ELIGIBILITY. A person hunting turkeys who refuses or fails on
demand of any game warden or peace officer to show a valid turkey
stamp or proof that the person is eligible for any exemptions
provided by Section 43.251(b) is presumed to be in violation of
Section 43.251 of this code.
Added by Acts 1991, 72nd Leg., ch. 54, § 1, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 838, § 13, eff. Sept. 1,
1993.
§ 43.256. PENALTY. A person who violates Section 43.251
of this code commits an offense that is a Class C Parks and Wildlife
Code misdemeanor.
Added by Acts 1991, 72nd Leg., ch. 54, § 1, eff. Sept. 1, 1991.
SUBCHAPTER K. WATERFOWL STAMP
§ 43.301. DEFINITION. In this subchapter, "waterfowl"
means wild ducks of all species, wild geese and wild brant of all
species, and wild coot.
Added by Acts 1981, 67th Leg., p. 2157, ch. 502, § 1, eff. Aug.
31, 1981.
§ 43.302. WATERFOWL STAMP REQUIRED. (a) Except as
provided by Subsection (b) of this section, no person may hunt
waterfowl in this state unless the person has acquired a waterfowl
stamp issued to the person by the department. The commission by
rule may prescribe requirements relating to possessing a stamp
required by this subchapter.
(b) The commission by regulation may exempt a person from
the stamp requirement of this section.
Added by Acts 1981, 67th Leg., p. 2157, ch. 502, § 1, eff. Aug.
31, 1981. Amended by Acts 1993, 73rd Leg., ch. 838, § 14, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 931, § 29, eff. June 16,
1995.
§ 43.303. DESIGN AND ISSUANCE OF STAMP. (a) The
department may issue a waterfowl stamp to any person on the payment
to the department of $5 or an amount set by the commission,
whichever amount is more. The department may issue other editions
of the stamp that are not valid for hunting at an amount set by the
commission. Except as provided by Subsection (d), the stamp must be
signed on its face by the person using the stamp for the stamp to be
valid for hunting purposes.
(b) The commission shall prescribe by regulation the form,
design, and manner of issuance of the waterfowl stamp. The
department shall retain the reproduction rights to the design.
(c) The commission may contract with and pay a person for
designing and producing the waterfowl stamp authorized by this
chapter.
(d) The commission by rule may prescribe alternate
requirements for identifying the purchaser of a stamp issued in an
automated manner.
(e) A stamp issued under this subchapter is valid for
hunting only during the yearly period for which the stamp is issued
without regard to the date on which the stamp is acquired. Each
yearly period 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. The commission by rule may set the
amount of a stamp fee for a stamp issued during a transition period
at an amount lower than prescribed in this subchapter and provide
for a stamp term that is shorter or longer than a year.
Added by Acts 1981, 67th Leg., p. 2157, ch. 502, § 1, eff. Aug.
31, 1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 2, § 26,
eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, § 30, eff.
June 16, 1995.
§ 43.304. HUNTING LICENSE REQUIRED ALSO. The
acquisition of a waterfowl stamp does not authorize a person to hunt
waterfowl without having acquired a hunting license as provided by
Chapter 42 of this code or authorize the hunting of waterfowl at any
time or by any means not otherwise authorized by this code.
Added by Acts 1981, 67th Leg., p. 2157, ch. 502, § 1, eff. Aug.
31, 1981.
§ 43.305. DISPOSITION OF STAMP FEES. (a) After
deduction of any collection fee, the net receipts from stamp sales
shall be sent to the department.
(b) The stamp sale net receipts may be spent only for
research, management, and protection of waterfowl, for the
acquisition, lease, or development of waterfowl habitats in the
state, and for grants as provided by Section 43.306 of this code.
Not more than one-half of the receipts may be spent for research,
management, and protection.
Added by Acts 1981, 67th Leg., p. 2157, ch. 502, § 1, eff. Aug.
31, 1981. Amended by Acts 1995, 74th Leg., ch. 931, § 31, eff.
June 16, 1995.
§ 43.306. GRANTS. The department may make grants to
appropriate international nonprofit organizations for the purpose
of acquiring, developing, and maintaining waterfowl propagation
areas within the Dominion of Canada that provide waterfowl for the
Central Flyway. The department may not condition a grant made under
this section on approval by the department of improvements or
construction performed in the Dominion of Canada.
Added by Acts 1981, 67th Leg., p. 2157, ch. 502, § 1, eff. Aug.
31, 1981.
§ 43.307. REFUSAL TO SHOW STAMP OR PROOF OF EXEMPTION
ELIGIBILITY. A person hunting waterfowl who refuses on demand of
any game warden or peace officer to show a waterfowl stamp or proof
that the person is eligible for any exemptions provided by Section
43.302(b) is presumed to be in violation of Section 43.302 of this
code.
Added by Acts 1981, 67th Leg., p. 2157, ch. 502, § 1, eff. Aug.
31, 1981. Amended by Acts 1993, 73rd Leg., ch. 838, § 15, eff.
Sept. 1, 1993.
§ 43.308. RECIPROCAL AGREEMENTS. As provided by
Chapter 41 of this code, the department may negotiate reciprocal
agreements with states that share a common boundary with this state
if the neighboring state has a similar stamp requirement and fee.
The agreement may permit a resident of the state with which the
agreement is made to hunt waterfowl in this state without a stamp
issued under this subchapter if the person possesses a waterfowl
stamp issued by the other state.
Added by Acts 1981, 67th Leg., p. 2157, ch. 502, § 1, eff. Aug.
31, 1981.
§ 43.309. PENALTY. A person who violates Section 43.302
of this code commits an offense that is a Class C Parks and Wildlife
Code misdemeanor.
Added by Acts 1981, 67th Leg., p. 2157, ch. 502, § 1, eff. Aug.
31, 1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 28,
eff. Sept. 1, 1985.
SUBCHAPTER L. SCIENTIFIC BREEDER'S PERMIT
§ 43.351. DEFINITIONS. In this subchapter:
(1) "Scientific breeder" means a person holding a
valid scientific breeder's permit.
(2) "Captivity" means the keeping of an animal in an
enclosure suitable for and capable of retaining the animal it is
designed to retain at all times under reasonable and ordinary
circumstances and to prevent entry by another animal.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985.
§ 43.352. PERMIT AUTHORIZED. The department shall
issue a permit to a qualified person to possess white-tailed deer or
mule deer for propagation, management, and scientific purposes.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, § 8, eff.
Sept. 1, 1991.
§ 43.353. PERMIT IS DEFENSE. In any prosecution for the
unlawful possession or transportation of white-tailed deer or mule
deer, the possession of a permit issued under this subchapter to the
accused is a complete defense if the conduct was authorized under
the terms of the permit.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, § 9, eff.
Sept. 1, 1991.
§ 43.354. APPLICATION. The application for a
scientific breeder's permit must be made under oath and must state
the purpose of possession or transportation of white-tailed deer or
mule deer.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, § 10, eff.
Sept. 1, 1991.
§ 43.355. CONDITIONS OF PERMIT; EXPIRATION;
FEES. (a) The department shall issue the scientific breeder's
permit under conditions determined by the commission, including
specifying the number of white-tailed deer or mule deer that may be
possessed and providing for an endorsement by a certified wildlife
biologist.
(b) A scientific breeder's permit is valid only during the
yearly period for which the permit is issued without regard to the
date on which the permit 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.
(c) The fee for a scientific breeder's permit is $50 or an
amount set by the commission, whichever amount is more.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, § 11, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1255, § 1, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1256, § 37, eff. Sept. 1, 1997.
§ 43.356. SERIAL NUMBER. (a) The department shall
issue a serial number to the applicant at the time of the first
issuance of a scientific breeder's permit to the applicant. The
same serial number shall be assigned to the permittee whenever he
holds a scientific breeder's permit.
(b) The scientific breeder shall place a suitable permanent
tag bearing the scientific breeder's serial number on the ear of
each white-tailed deer or mule deer possessed by the scientific
breeder and shall place on the white-tailed deer or mule deer any
other identification marking prescribed by the commission.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, § 12, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1255, § 2, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1256, § 38, eff. Sept. 1, 1997.
§ 43.357. PERMIT PRIVILEGES; REGULATIONS. (a) The
holder of a valid scientific breeder's permit may:
(1) engage in the business of breeding white-tailed
deer in the immediate locality for which the license was issued;
and
(2) sell or hold in captivity white-tailed deer or
mule deer for the purpose of propagation or sale.
(b) The commission may make regulations governing:
(1) the possession of white-tailed deer and mule deer
for scientific, management, and propagation purposes; and
(2) the recapture of lawfully possessed white-tailed
deer or mule deer that have escaped from a facility of a scientific
breeder.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, § 13, 14, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1255, § 3, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1256, § 39, eff. Sept. 1, 1997.
§ 43.358. INSPECTION. An authorized employee of the
department may inspect at any time and without warrant:
(1) any pen, coop, or enclosure holding white-tailed
deer or mule deer; or
(2) any records required to be maintained under
Section 43.359(a).
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, § 15, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1255, § 4, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1256, § 40, eff. Sept. 1, 1997.
§ 43.359. REPORTS. (a) A scientific breeder shall
maintain an accurate record of white-tailed deer and mule deer
acquired, purchased, propagated, sold, or disposed of and any other
information required by the department that reasonably relates to
the regulation of scientific breeders. The record shall be
maintained on a form provided by the department.
(b) A scientific breeder shall report the information
maintained under Subsection (a) to the department in the time and
manner required by commission proclamation.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, § 16, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1255, § 5, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1256, § 41, eff. Sept. 1, 1997.
§ 43.360. ENCLOSURE SIZE. A single enclosure for
white-tailed deer or mule deer may not contain more than 320 acres.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, § 17, eff.
Sept. 1, 1991.
§ 43.361. SHIPMENT OF WHITE-TAILED DEER. (a) A common
carrier may not accept a live white-tailed deer or mule deer unless
the shipment is made by a holder of a scientific breeder's permit or
by a person holding a permit under Subchapter C of Chapter 43 of
this code.
(b) No person, except a scientific breeder, his authorized
agent, or a person holding a permit under Subchapter C of Chapter 43
of this code, may transport or ship a live white-tailed deer or mule
deer unless he obtains a permit for shipment or transportation from
the department.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, § 18, 19, eff.
Sept. 1, 1991.
§ 43.362. PURCHASE AND SALE OF LIVE WHITE-TAILED DEER
AND MULE DEER. (a) Only white-tailed deer and mule deer that are
in a healthy condition may be sold, bartered, or exchanged, or
offered for sale, barter, or exchange, by a scientific breeder.
(b) Except as provided by Subchapter C, Chapter 43, no
person may purchase or accept in this state a live white-tailed deer
or mule deer unless the person obtains a permit for purchasing from
the department and:
(1) the white-tailed deer or mule deer is properly
marked as required by Section 43.356(b) of this code; or
(2) the white-tailed deer or mule deer is delivered by
a common carrier from outside this state.
(c) No person may release into the wild a white-tailed deer
or mule deer unless all visible markings required by Section
43.356(b) have been removed.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, § 20, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1255, § 6, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1256, § 42, eff. Sept. 1, 1997.
§ 43.363. SALE DURING OPEN SEASON. (a) During an open
season for taking the white-tailed deer or mule deer or during a
period of 10 days before an open season, no scientific breeder may
release into the wild or sell or ship to a person other than a person
holding a scientific breeder's permit, a white-tailed deer or mule
deer and no person in this state, other than a scientific breeder,
may purchase from a scientific breeder in this state a white-tailed
deer or mule deer unless the scientific breeder:
(1) has removed immediately above the pedicel the
antlers of a male white-tailed deer or mule deer to be sold or
shipped; and
(2) has given written notice of the sale to the
department.
(b) The commission shall make regulations governing notice
and approval of the sale or shipment of white-tailed deer and mule
deer under this section.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1989, 71st Leg., ch. 456, § 1, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 704, § 21, 22, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1255, § 7, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1256, § 43, eff. Sept. 1, 1997.
§ 43.364. USE OF PURCHASED WHITE-TAILED DEER AND MULE
DEER. White-tailed deer and mule deer may be purchased or received
in this state only for the purpose of liberation for stocking
purposes or holding for propagation purposes. All white-tailed
deer or mule deer and increase from the white-tailed deer or mule
deer are under the full force of the laws of this state pertaining
to white-tailed deer and mule deer, and those deer may be held in
captivity for propagation in this state only after a scientific
breeder's permit is issued by the department under this subchapter.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, § 23, eff.
Sept. 1, 1991.
§ 43.365. PROHIBITED ACTS. It is an offense if a
scientific breeder:
(1) takes, traps, or captures or attempts to take,
trap, or capture white-tailed deer or mule deer from the wild;
(2) allows the hunting or killing of a white-tailed
deer or mule deer held in captivity under the provisions of this
subchapter; or
(3) fails to furnish to a game warden commissioned by
the department records required to be maintained under Section
43.359(a).
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, § 24, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1255, § 8, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1256, § 44, eff. Sept. 1, 1997.
§ 43.366. APPLICATION OF GENERAL LAWS. In order that
native species may be preserved, white-tailed deer and mule deer
held under a scientific breeder's permit are subject to all laws and
regulations of this state pertaining to white-tailed deer or mule
deer except as specifically provided in this subchapter. However,
it is specifically provided that this subchapter may not be
construed to restrict or prohibit the use of high fences.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, § 25, eff.
Sept. 1, 1991.
§ 43.367. PENALTY. A person who violates a provision of
this subchapter, the conditions of a permit, or a regulation of the
commission issued under this subchapter or who fails to file a full
and complete report as required by Section 43.359 of this code
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 49, eff. Sept.
1, 1985.
SUBCHAPTER M. SALTWATER SPORTFISHING STAMP
§ 43.401. DEFINITION. In this subchapter, "saltwater"
has the meaning prescribed by Section 66.001 of this code.
Added by Acts 1985, 69th Leg., ch. 640, § 1, eff. Jan. 1, 1986.
§ 43.402. SALTWATER SPORTFISHING STAMP
REQUIRED. (a) Except as provided by Subsection (b) or (c) of this
section, no person may engage in fishing in saltwater for sporting
purposes in this state unless the person has acquired a saltwater
sportfishing stamp issued to the person by the department. The
commission by rule may prescribe requirements relating to
possessing a stamp required by this subchapter.
(b) A person who is exempted from obtaining a fishing
license under Chapter 46 of this code is not required to obtain a
saltwater sportfishing stamp.
(c) The commission by regulation may exempt a person from
the stamp requirement of this section.
Added by Acts 1985, 69th Leg., ch. 640, § 1, eff. Jan. 1, 1986.
Amended by Acts 1993, 73rd Leg., ch. 838, § 16, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 931, § 32, eff. June 16, 1995.
§ 43.403. DESIGN AND ISSUANCE OF STAMP. (a) The
department may issue a saltwater sportfishing stamp to any person
on the payment to the department of $5 or an amount set by the
commission, whichever amount is more. The department may issue
other editions of the stamp that are not valid for fishing at an
amount set by the commission. Except as provided by Subsection (d),
the stamp must be signed on its face by the person using the stamp
for the stamp to be valid for fishing purposes.
(b) The commission shall prescribe by regulation the form,
design, and manner of issuance of the saltwater sportfishing stamp.
The department shall retain the reproduction rights to the design.
(c) The commission may contract with and pay a person for
designing and producing the saltwater sportfishing stamp
authorized by this subchapter.
(d) The commission by rule may prescribe alternate
requirements for identifying the purchaser of a stamp issued in an
automated manner.
Added by Acts 1985, 69th Leg., ch. 640, § 1, eff. Jan. 1, 1986.
Amended by Acts 1993, 73rd Leg., ch. 838, § 17, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 931, § 33, eff. June 16, 1995.
§ 43.4035. EXPIRATION OF STAMP. (a) Except as
provided by Subsection (b) or (c), a stamp issued under this
subchapter is valid for fishing only during the yearly period for
which the stamp is issued without regard to the date on which the
stamp is acquired. Each yearly period 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. The commission
by rule may set the amount of a stamp fee for a stamp issued during a
transition period at an amount lower than prescribed in this
subchapter and provide for a stamp term for a transition period that
is shorter or longer than a year.
(b) A saltwater sportfishing stamp issued before September
1 or another date set by the commission that does not expire until
August 31 of the following 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.
(c) A saltwater sportfishing stamp issued in conjunction
with a license issued under Section 46.005 or 46.0051 of this code
expires at the same time the license expires or on the expiration
date printed on the stamp, whichever is later.
Added by Acts 1993, 73rd Leg., ch. 838, § 18, eff. July 15, 1993.
Amended by Acts 1995, 74th Leg., ch. 931, § 34, eff. June 16,
1995.
§ 43.404. FISHING LICENSE REQUIRED. The acquisition of
a saltwater sportfishing stamp does not authorize a person to fish
for sporting purposes in saltwater without having acquired a
fishing license required by Chapter 46 of this code or authorize
saltwater sportfishing at any time or by any means not otherwise
authorized by this code.
Added by Acts 1985, 69th Leg., ch. 640, § 1, eff. Jan. 1, 1986.
§ 43.405. COLLECTION FEES. (a) After deduction of the
collection fee, the net receipts from stamp sales shall be sent to
the department.
(b) The stamp sale net receipts shall be spent for coastal
fisheries enforcement and management and are hereby appropriated
for such purposes.
Added by Acts 1985, 69th Leg., ch. 640, § 1, eff. Jan. 1, 1986.
Amended by Acts 1995, 74th Leg., ch. 931, § 35, eff. June 16,
1995.
§ 43.406. REFUSAL TO SHOW STAMP. A person fishing in
saltwater for sporting purposes who refuses on demand of any game
management officer or peace officer to show a saltwater
sportfishing stamp is presumed to be in violation of Section 43.402
of this code.
Added by Acts 1985, 69th Leg., ch. 640, § 1, eff. Jan. 1, 1986.
§ 43.407. PENALTY. A person who violates Section 43.402
of this code is guilty of a Class C Parks and Wildlife Code
misdemeanor.
Added by Acts 1985, 69th Leg., ch. 640, § 1, eff. Jan. 1, 1986.
SUBCHAPTER N. FRESHWATER TROUT STAMP
§ 43.501. DEFINITION.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeal this section effective September 1,
2004.
In this subchapter trout means any species of the Family
Salmonidae including but not restricted to rainbow trout, brown
trout, and brook trout.
Added by Acts 1985, 69th Leg., ch. 640, § 3, eff. Jan. 1, 1986.
§ 43.502. FRESHWATER TROUT STAMP REQUIRED.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeal this section effective September 1,
2004.
(a) Except as provided by Subsection (b) or (c) of this
section, no person may take or attempt to take any trout from public
waters in this state unless the person has acquired a freshwater
trout stamp issued to the person by the department. The commission
by rule may prescribe requirements relating to possessing a stamp
required by this subchapter.
(b) A person who is exempted from obtaining a fishing
license under Chapter 46 of this code is not required to obtain a
freshwater trout stamp.
(c) The commission by regulation may exempt a person from
the stamp requirement of this section.
Added by Acts 1985, 69th Leg., ch. 640, § 3, eff. Jan. 1, 1986.
Amended by Acts 1993, 73rd Leg., ch. 838, § 19, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 931, § 36, eff. June 16, 1995.
§ 43.503. DESIGN AND ISSUANCE OF STAMP.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeal this section effective September 1,
2004.
(a) The department may issue a freshwater trout stamp to any
person on the payment to the department of $5 or an amount set by the
commission, whichever amount is more. The department may issue
other editions of the stamp that are not valid for fishing at an
amount set by the commission. Except as provided by Subsection (d),
the stamp must be signed on its face by the person using the stamp
for the stamp to be valid for fishing purposes.
(b) The commission shall prescribe by regulation the form,
design, and manner of issuance of the freshwater trout stamp. The
department shall retain the reproduction rights to the design.
(c) The commission may contract with and pay a person for
designing and producing the freshwater trout stamp authorized by
this chapter.
(d) The commission by rule may prescribe alternate
requirements for identifying the purchaser of a stamp issued in an
automated manner.
Added by Acts 1985, 69th Leg., ch. 640, § 3, eff. Jan. 1, 1986.
Amended by Acts 1993, 73rd Leg., ch. 838, § 20, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 931, § 37, eff. June 16, 1995.
§ 43.504. FISHING LICENSE REQUIRED.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeal this section effective September 1,
2004.
The acquisition of a freshwater trout stamp does not
authorize a person to fish for sporting purposes for trout without
having acquired a proper fishing license as provided by Chapter 46
of this code or authorized sportfishing at any time or by any means
not otherwise authorized by this code.
Added by Acts 1985, 69th Leg., ch. 640, § 3, eff. Jan. 1, 1986.
§ 43.505. DISPOSITION OF STAMP FEES.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeal this section effective September 1,
2004.
(a) After deduction of any collection fee, the net receipts
from stamp sales shall be sent to the department.
(b) The stamp sale net receipts may be spent only for the
purchase, rearing, and stocking of freshwater trout in this state.
Added by Acts 1985, 69th Leg., ch. 640, § 3, eff. Jan. 1, 1986.
Amended by Acts 1995, 74th Leg., ch. 931, § 38, eff. June 16,
1995; Acts 1997, 75th Leg., ch. 369, § 1, eff. Sept. 1, 1997.
§ 43.506. REFUSAL TO SHOW STAMP.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeal this section effective September 1,
2004.
A person fishing for trout who refuses on demand of any game
management officer or peace officer to show a freshwater trout
stamp is presumed to be in violation of Section 43.502 of this code.
Added by Acts 1985, 69th Leg., ch. 640, § 3, eff. Jan. 1, 1986.
§ 43.507. PENALTY.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeal this section effective September 1,
2004.
A person who violates Section 43.502 of this code is guilty of
a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 640, § 3, eff. Jan. 1, 1986.
§ 43.508. EXPIRATION OF STAMP.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeal this section effective September 1,
2004.
(a) Except as provided by Subsection (b) or (c), a stamp
issued under this subchapter is valid for fishing only during the
yearly period for which the stamp is issued without regard to the
date on which the stamp is acquired. Each yearly period 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. The commission by rule may set the amount of a stamp
fee for a stamp issued during a transition period at an amount lower
than prescribed in this subchapter and provide for a stamp term for
a transition period that is shorter or longer than a year.
(b) A freshwater trout stamp issued before September 1 or
another date set by the commission that 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 next year or
another date set by the commission.
(c) A freshwater trout stamp issued in conjunction with a
license issued under Section 46.005 or 46.0051 expires at the same
time the license expires or on the expiration date printed on the
stamp, whichever is later.
Added by Acts 1995, 74th Leg., ch. 931, § 39, eff. June 16, 1995.
SUBCHAPTER O. CONSERVATION PERMITS
§ 43.521. CONSERVATION PERMIT REQUIRED. (a) The
department may require one person in each vehicle using land under
the control of the department that is open to the public to possess
a conservation permit issued to the person by the department or its
agent under this subchapter. For the purpose of this subchapter, a
use of land includes any use for a consumptive or nonconsumptive
purpose.
(b) The department may require each person to possess a
conservation permit to participate in certain activities and to
enter certain facilities designated as wildlife management areas,
state natural areas or lands that have not been fully developed.
(c) A person is not required to possess a conservation
permit for use of land under the department's control for hunting
purposes if the person possesses a current Type II hunting permit
issued by the department.
(d) A person is not required to possess a conservation
permit at Washington-on-the-Brazos or San Jacinto State Parks or to
attend musical or theatrical productions at Galveston Island or
Palo Duro State Parks.
(e) A person is not required to possess a conservation
permit to utilize a state park for day use.
Added by Acts 1991, 72nd Leg., ch. 883, § 1, eff. Sept. 1, 1991.
§ 43.522. ISSUANCE AND EXPIRATION OF CONSERVATION
PERMIT. (a) The department or its agent may issue a conservation
permit to any person on the payment to the department or agent of a
fee in an amount set by the commission.
(b) A conservation permit expires on the first anniversary
of the date on which it is issued.
Added by Acts 1991, 72nd Leg., ch. 883, § 1, eff. Sept. 1, 1991.
Amended by Acts 1997, 75th Leg., ch. 1256, § 45, eff. Sept. 1,
1997.
§ 43.523. OTHER PERMITS REQUIRED. Possession of a
conservation permit does not relieve the holder of the requirement
for holding any other permit or paying any other fee or charge for
the entrance to or use of land under the department's control that
is authorized by law or rule of the commission, including Chapters
12, 21, and 81 of this code, however, the department may grant
discounts on charges for entrance and use of land to holders of
conservation permits.
Added by Acts 1991, 72nd Leg., ch. 883, § 1, eff. Sept. 1, 1991.
§ 43.524. DISPOSITION OF CONSERVATION PERMIT
FEES. (a) After deducting any collection fee, an agent of the
department shall send to the department the net receipts from the
sale of conservation permits.
(b) The department may use the net receipts from the sale of
conservation permits for the sole purpose of acquiring, leasing, or
developing state lands, paying principal and interest on Texas Park
Development Bonds, or operating land or facilities under the
department's control.
Added by Acts 1991, 72nd Leg., ch. 883, § 1, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 931, § 40, eff. June 16,
1995.
§ 43.525. FAILURE OR REFUSAL TO SHOW CONSERVATION
PERMIT; PENALTY. (a) Except as provided by Subsection (b) of
this section, a person commits an offense if the person is using
land under the department's control and fails or refuses to show a
conservation permit issued to the person on the demand of a game
management officer, peace officer, or department employee.
(b) It is not an offense under Subsection (a) of this
section if a person who is using land under the department's control
fails to show a conservation permit on the demand of a game
management officer, peace officer, or department employee, and that
person:
(1) entered land under the department's control as an
occupant of a privately owned, noncommercial vehicle in which at
least one other occupant possesses and is able to show a
conservation permit issued to that other occupant; or
(2) is a member of a group of individuals that the
department has exempted from the requirement for a conservation
permit.
(c) An offense under this section is a Class C Parks and
Wildlife Code misdemeanor.
Added by Acts 1991, 72nd Leg., ch. 883, § 1, eff. Sept. 1, 1991.
SUBCHAPTER P. FISH STOCK PERMIT
§ 43.551. PERMIT FOR THE TAKING OF BROOD STOCK BY FISH
FARMERS. The department may issue a permit to a licensed fish
farmer that authorizes the fish farmer to take a specified quantity
of fish brood stock from specified public water.
Added by Acts 1991, 72nd Leg., ch. 586, § 2, eff. Sept. 1, 1991.
§ 43.552. COMMISSION RULES. The commission by rule
shall prescribe the requirements and conditions for issuance of a
permit authorized by this subchapter.
Added by Acts 1991, 72nd Leg., ch. 586, § 2, eff. Sept. 1, 1991.
§ 43.553. QUANTITY THAT MAY BE TAKEN. (a) The permit
may allow the fish farmer to take a specified quantity of fish brood
stock reasonably necessary for the operation of the fish farm but
limited to the extent necessary to protect the availability of fish
in public water.
(b) The commission's rules must set guidelines regarding
reasonable quantities of fish brood stock that may be taken under
this subchapter.
Added by Acts 1991, 72nd Leg., ch. 586, § 2, eff. Sept. 1, 1991.
§ 43.554. FEES. The commission shall charge a fish
farmer a fee equal to the value of the fish authorized to be taken
under this subchapter.
Added by Acts 1991, 72nd Leg., ch. 586, § 2, eff. Sept. 1, 1991.
§ 43.555. PENALTIES. A person who violates this
subchapter or a commission rule issued under this subchapter
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
Added by Acts 1997, 75th Leg., ch. 1256, § 46, eff. Sept. 1,
1997.
SUBCHAPTER Q. MUZZLELOADER HUNTING STAMP
§ 43.581. MUZZLELOADER HUNTING STAMP REQUIRED.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeal this section effective September 1,
2004.
(a) Except as provided by Subsection (b), no person may hunt
wild deer, turkey, or javelina (collared peccary) during an open
season prescribed by law or by proclamation of the commission
during which only muzzleloaders may be used for hunting unless the
person has acquired a muzzleloader hunting stamp from the
department. The commission by rule may prescribe requirements
relating to possessing a stamp required by this subchapter.
(b) The commission by rule may exempt a person from the
stamp requirement of this section.
Added by Acts 1993, 73rd Leg., ch. 458, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 931, § 41, eff. June 16,
1995.
§ 43.582. ISSUANCE AND FORM OF STAMP.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeal this section effective September 1,
2004.
(a) The department may issue a muzzleloader hunting stamp.
The stamp shall be issued in a form and manner prescribed by the
department. Except as provided by Subsection (b), the stamp must be
signed on its face by the person using the stamp for the stamp to be
valid for hunting purposes. The department may issue other
editions of the stamp that are not valid for hunting at an amount
set by the commission.
(b) The commission by rule may prescribe alternate
requirements for identifying the purchaser of a stamp issued in an
automated manner.
(c) A stamp issued under this subchapter is valid for
hunting only during the yearly period for which the stamp is issued
without regard to the date on which the stamp is acquired. Each
yearly period 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. The commission by rule may set the
amount of a stamp fee for a stamp issued during a transition period
at an amount lower than prescribed in this subchapter and provide
for a stamp term for a transition period that is shorter or longer
than a year.
Added by Acts 1993, 73rd Leg., ch. 458, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 931, § 42, eff. June 16,
1995.
§ 43.583 FEE.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeal this section effective September 1,
2004.
The fee for a muzzleloader stamp is $10 or an amount set by
the commission, whichever amount is more. The commission may set a
different amount for another edition of the stamp issued under
Section 43.582.
Added by Acts 1993, 73rd Leg., ch. 458, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 931, § 43, eff. June 16,
1995.
§ 43.584. HUNTING LICENSE REQUIRED.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeal this section effective September 1,
2004.
The purchase or possession of a muzzleloader hunting stamp
does not permit a person to hunt wild deer, turkey, or javelina
without the license required by Chapter 42 of this code or by means
not authorized by this code.
Added by Acts 1993, 73rd Leg., ch. 458, § 1, eff. Sept. 1, 1993.
§ 43.585. DISPOSITION OF FEES.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeal this section effective September 1,
2004.
After deduction of any collection fee, the net receipts from
stamp sales shall be sent to the department.
Added by Acts 1993, 73rd Leg., ch. 458, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 931, § 44, eff. June 16,
1995.
§ 43.586. REFUSAL TO SHOW STAMP.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeals this section effective September 1,
2004.
A person hunting a species named in Section 43.581 of this
code during an open muzzleloader season who fails or refuses on the
demand of any game warden or other peace officer to show a valid
muzzleloader hunting stamp is presumed to be in violation of
Section 43.581 of this code.
Added by Acts 1993, 73rd Leg., ch. 458, § 1, eff. Sept. 1, 1993.
§ 43.587. PENALTY.
Acts 2003, 78th Leg., ch. 200, § 9(b) and Acts 2003, 78th
Leg., ch. 623, § 2 repeal this section effective September 1,
2004.
A person who violates Section 43.581 of this code commits an
offense that is a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 458, § 1, eff. Sept. 1, 1993.
SUBCHAPTER R. DEER MANAGEMENT PERMITS
§ 43.601. PERMIT FOR DEER MANAGEMENT. (a) The
department may issue a permit for the management of the wild
white-tailed deer population on acreage enclosed by a fence capable
of retaining white-tailed deer (under reasonable and ordinary
circumstances) and capable of preventing entry by a white-tailed
deer.
(b) The deer managed under the permit remain the property of
the people of the state, and the holder of the permit is considered
to be managing the population on behalf of the state.
(c) If a special season with a special bag limit is
established by the commission for holders of a deer management
permit, the holder of the permit may not receive compensation for
granting any other person permission to kill a wild deer during that
special season on the acreage covered by the permit.
Added by Acts 1997, 75th Leg., ch. 1256, § 47, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1265, § 1, eff. Sept. 1, 1997.
§ 43.602. MANAGEMENT PLAN. (a) The holder of a deer
management permit must annually submit a deer management plan for
approval or disapproval of the department. The management plan
must provide for specific management practices to be applied to the
deer population on the acreage, which may include, in addition to
other practices:
(1) the temporary detention within an enclosure on the
acreage covered by the permit of wild white-tailed deer for the
purpose of propagation with other wild deer, and the release of
those deer on that acreage;
(2) the killing of wild deer in open seasons
established by the commission in a number set in the management
plan; or
(3) the killing of wild deer during a special season
having a special bag limit established by the commission for this
permit.
(b) A management plan approved by the department must be
consistent with the regulatory responsibilities of the commission
under Chapter 61.
(c) A management plan may not authorize the killing of wild
deer within an enclosure designed for the temporary detention of
wild deer under Subsection (a)(1).
Added by Acts 1997, 75th Leg., ch. 1256, § 47, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1265, § 1, eff. Sept. 1, 1997.
§ 43.603. CONDITIONS; DURATION; FEE. (a) A permit
issued under this subchapter is subject to conditions established
by the commission, including conditions governing:
(1) the number of deer that may be killed on the
property by a single person;
(2) the number and type of deer that may be killed or
taken under the permit; and
(3) the number, type, and length of time that deer may
be temporarily detained in an enclosure.
(b) The permit is valid for a period prescribed by the
department of not less than one year.
(c) The department shall set a fee for the issuance or
renewal of a permit in an amount not to exceed $1,000.
Added by Acts 1997, 75th Leg., ch. 1256, § 47, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1265, § 1, eff. Sept. 1, 1997.
§ 43.604. INSPECTION. An authorized employee of the
department may inspect at any time without warrant the records
required by Section 43.605 and the acreage for which the permit is
issued for the purpose of determining the permit holder's
compliance with the management plan.
Added by Acts 1997, 75th Leg., ch. 1256, § 47, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1265, § 1, eff. Sept. 1, 1997.
§ 43.605. RECORDS. The holder of a permit issued under
this subchapter shall maintain, in a form prescribed by the
department, an accurate record showing:
(1) the number of white-tailed deer taken during the
general open seasons and during any special seasons;
(2) the number of white-tailed deer temporarily
detained and released during the permit period; and
(3) any other information required by the department
that reasonably relates to the activities covered by the permit.
Added by Acts 1997, 75th Leg., ch. 1256, § 47, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1265, § 1, eff. Sept. 1, 1997.
§ 43.606. APPLICATION OF GENERAL LAWS. Except as
expressly provided by this subchapter and the terms and conditions
of the permit and management plan, the general laws and regulations
of this state applicable to white-tailed deer apply to deer on the
acreage covered by the permit. This subchapter does not restrict or
prohibit the use of high fences on acreage not covered by a
management plan.
Added by Acts 1997, 75th Leg., ch. 1256, § 47, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1265, § 1, eff. Sept. 1, 1997.
§ 43.607. PENALTY. (a) A person commits an offense if
the person:
(1) violates a provision of this subchapter or a
regulation of the department adopted under this subchapter;
(2) violates a condition of permit imposed under
Section 43.603(a);
(3) fails to maintain records required by Section
43.605; or
(4) kills or allows to be killed a deer temporarily
detained under Section 43.602(a)(1).
(b)
