PARKS AND WILDLIFE CODE

CHAPTER 44. GAME BREEDER'S LICENSE


	§ 44.001.  DEFINITIONS.  In this chapter:                                   
		(1)  "Game breeder" means a person holding a valid game 
breeder's license.  
		(2)  "Captivity" means the keeping of game animals 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.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.           


	§ 44.002.  LICENSE REQUIREMENT.  No person may place in 
captivity or engage in the business of propagating any game animal 
of this state unless he has obtained a license issued under this 
chapter from the department.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.  
Amended by Acts 1975, 64th Leg., p. 1209, ch. 456, § 9, eff. 
Sept. 1, 1975.


	§ 44.003.  GAME BREEDER'S LICENSE.  The department shall 
issue a game breeder's license on payment of a license fee of $10 or 
an amount set by the commission, whichever amount is more.  The 
license is valid for a yearly period.  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 license 
fee for a license issued during a transition period at an amount 
lower than prescribed in this section 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. 1209, ch. 456, § 9, eff. 
Sept. 1, 1975;  Acts 1983, 68th Leg., p. 1331, ch. 277, § 17, eff. 
Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 2, § 27, eff. 
Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 365, § 1, eff. May 31, 
1993;  Acts 1995, 74th Leg., ch. 931, § 45, eff. June 16, 1995.


	§ 44.004.  REISSUANCE OF LICENSE.  A game breeder's 
license may not be issued to a previous licensee unless the licensee 
has filed with the department a copy of the record required by 
Section 44.007 of this code with an affidavit made before an officer 
qualified to administer oaths that the copy is true and correct.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.           


	§ 44.005.  SERIAL NUMBER.  (a)  The department shall 
issue a serial number to the applicant at the time of the first 
issuance of a game breeder's license to the applicant.  The same 
serial number shall be assigned to the licensee whenever he holds a 
game breeder's license.
	(b)  The game breeder shall place a suitable permanent metal 
tag bearing his serial number on the ear of each antelope held in 
captivity or sold by the game breeder.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.  
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 50, eff. 
Sept. 1, 1985.


	§ 44.006.  LICENSE PRIVILEGES.  The holder of a valid 
game breeder's license may:
		(1)  engage in the business of game breeding in the 
immediate locality for which the license was issued;  or
		(2)  sell or hold in captivity for the purpose of 
propagation or sale antelope, collared peccary, and wild squirrels.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.  
Amended by Acts 1981, 67th Leg., p. 1860, ch. 439, § 2, eff. Aug. 
31, 1981;  Acts 1985, 69th Leg., ch. 267, art. 1, § 51, eff. Sept. 
1, 1985;  Acts 1987, 70th Leg., ch. 607, § 1, eff. Sept. 1, 1987;  
Acts 1997, 75th Leg., ch. 863, § 3, eff. Sept. 1, 1997.


	§ 44.007.  RECORDS.  (a)  Each game breeder shall keep a 
written record in a suitably bound book for the period from August 1 
until the following July 31 or another yearly period established by 
the commission containing:
		(1)  the number and source of each kind of game animal 
on hand at the time the license is issued;
		(2)  the number, source, and date of receipt of each 
kind of game animal on hand at any time after the license is 
obtained;
		(3)  the number of each kind of game animal shipped or 
delivered, the date of shipment or delivery, and the name and 
address of persons to whom the shipment or delivery is made;  and
		(4)  any other information determined by the commission 
to be necessary to enforce the provisions of this chapter.
	(b)  During August or another month set by the commission of 
each year, but before August 31 or another date established by the 
commission, a game breeder shall send to the department a report 
showing the information required by this section.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.  
Amended by Acts 1993, 73rd Leg., ch. 365, § 2, eff. May 31, 1993;  
Acts 1995, 74th Leg., ch. 931, § 46, eff. June 16, 1995.


	§ 44.008.  ENCLOSURE SIZE.  A single enclosure for any 
game animal may not contain more than 320 acres.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.           


	§ 44.009.  INSPECTION.  An authorized employee of the 
department may inspect at any time and without warrant any pen, 
coop, or enclosure holding a game animal.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.           


	§ 44.010.  SHIPMENT OF GAME ANIMALS.  (a)  A common 
carrier may not accept a live game animal unless the game animal is 
one listed in Section 44.006(2) of this code and the shipment is 
made by a game breeder.
	(b)  No person, except a game breeder or his authorized 
agent, may transport or ship a live game animal unless he obtains a 
permit for shipment or transportation from the department.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.           


	§ 44.011.  PURCHASE AND SALE OF LIVE GAME 
ANIMALS.  (a)  Only game animals that are in a healthy condition 
may be sold, bartered, or exchanged, or offered for sale, barter, or 
exchange by a game breeder.
	(b)  No person may purchase or accept in this state a live 
game animal unless:
		(1)  the game animal bears a tag required by Section 
44.005 of this code and is delivered or sold by a game breeder;  or
		(2)  the game animal is delivered by a common carrier 
from outside this state.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.           


	§ 44.012.  SALE DURING OPEN SEASON.  A game animal held 
under the authority of a license issued under this subchapter may 
not be sold, traded, transferred, or shipped to any person in any 
county during an open season in the county of destination for taking 
the game animal or during a period of 10 days before the open 
season.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.  
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 52, eff. 
Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1256, § 48, eff. Sept. 
1, 1997.


	§ 44.0125.  PROHIBITED ACTS.  It is an offense if:                          
		(1)  a licensed game breeder takes, traps, or captures 
or attempts to take or capture game animals from the wild;
		(2)  a licensed game breeder allows the hunting or 
killing of a game animal held in captivity under the provisions of 
this chapter;  or
		(3)  a person fails to furnish to a game warden 
commissioned by the department information as to the source from 
which game animals held in captivity were derived.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 53, eff. Sept. 
1, 1985.


	§ 44.013.  USE OF PURCHASED GAME ANIMALS.  (a)  Except as 
provided in Subsection (b) of this section, game animals listed in 
Subdivision (2) of Section 44.006 of this code may be purchased or 
received in this state only for the purpose of liberation for 
stocking purposes or holding for propagation purposes.  All game 
animals listed in Subdivision (2) of Section 44.006 of this code and 
increase from those game animals are under the full force of the 
laws of this state pertaining to wild game and the game animals may 
be held in captivity for propagation in this state only after a 
license is issued by the department under this chapter.
	(b)  Any game animal may be held, taken, or received for 
scientific and zoological purposes under a permit issued by the 
department pursuant to Section 43.022 of this code.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.  
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 54, eff. 
Sept. 1, 1985.


	§ 44.014.  APPLICATION OF GENERAL LAWS.  In order that 
native game species may be preserved, game animals held under a game 
breeder's license are subject to all laws and regulations of this 
state pertaining to wild game animals except as specifically 
provided in this chapter.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.           


	§ 44.015.  RIGHT OF DEPARTMENT.  The department or an 
authorized employee of the department may take, possess, hold, 
transport, or propagate any game animal of this state for public 
purposes.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.           


	§ 44.016.  PENALTIES.  A person who violates a provision 
of this chapter commits an offense that is a Class C Parks and 
Wildlife Code misdemeanor.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.  
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 29, eff. 
Sept. 1, 1985.