PARKS AND WILDLIFE CODE
CHAPTER 46. FISHING LICENSES
SUBCHAPTER A. GENERAL FISHING LICENSE
§ 46.001. PROHIBITED ACTS. No person may fish in the
public water of this state unless he has acquired a fishing license
issued under this subchapter, except as provided by Sections
46.0012 and 46.002 of this code. The commission by rule may
prescribe requirements relating to possessing a license required by
this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 2, § 29, eff.
Sept. 1, 1985; Acts 1989, 71st Leg., ch. 799, § 1, eff. June 15,
1989; Acts 1995, 74th Leg., ch. 931, § 49, eff. June 16, 1995.
§ 46.0011. RESIDENT AND NONRESIDENT
DEFINED. (1) "Resident" means:
(A) an individual who has resided continuously in
this state for more than six months immediately before applying for
a fishing license required by this chapter;
(B) a member of the United States armed forces on
active duty;
(C) a dependent of a member of the United States
armed forces on active duty; or
(D) a member of any other category of individuals
that the commission by regulation designates as residents.
(2) "Nonresident" means an individual who is not a
resident.
Added by Acts 1977, 65th Leg., p. 1110, ch. 409, § 1, eff. Aug.
29, 1977. Amended by Acts 1991, 72nd Leg., ch. 301, § 2, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 838, § 21, eff. July 15,
1993.
§ 46.0012. FREE SPORTFISHING DAY. On the first Saturday
in June of each year, a fishing license is not required of any
person fishing for sporting purposes in public water. This section
is limited to license requirements and does not affect other
provisions of this code relating to the taking or possession of fish
for sporting purposes.
Added by Acts 1989, 71st Leg., ch. 799, § 2, eff. June 15, 1989.
§ 46.002. EXEMPTIONS. (a) A license issued under this
chapter is not required of a person:
(1) who is a resident and whose birth date is before
September 1, 1930;
(2) who is a nonresident, if the person's birth date is
before September 1, 1930, and the person's state of residence
grants a similar age exemption to Texas residents;
(3) who is mentally disabled and who is engaging in
recreational fishing as part of medically approved therapy, and who
is fishing under the immediate supervision of personnel approved or
employed by a hospital, residence, or school for mentally disabled
persons;
(4) who is mentally retarded and is engaged in
recreational fishing under the immediate supervision of a person
who:
(A) holds a license issued under this chapter;
and
(B) has the permission of the mentally retarded
person's family head or legal guardian to take the mentally
retarded person fishing if the person is not a member of the family
of the mentally retarded person; or
(5) who is participating in an event that is sponsored
or co-sponsored by the Texas Parks and Wildlife Department with the
approval of the Executive Director.
(b) The mentally disabled person recreationally fishing
under Subsection (a)(3) shall carry an authorization identifying
the entity supplying the service. This authorization may be in the
form of a tag that contains the name of the sponsoring entity.
(c) A mentally retarded person who is engaged in
recreational fishing under Subsection (a)(4) must carry a note from
a doctor stating that the person has been diagnosed as mentally
retarded.
Added by Acts 1987, 70th Leg., ch. 27, § 1, eff. April 22, 1987.
Amended by Acts 1989, 71st Leg., ch. 1153, § 1, eff. Aug. 28,
1989; Acts 1993, 73rd Leg., ch. 838, § 22, eff. July 15, 1993;
Acts 1995, 74th Leg., ch. 629, § 2, eff. Sept. 1, 1995; Acts
2001, 77th Leg., ch. 1058, § 1, eff. Sept. 1, 2001.
§ 46.004. LICENSE FEES. (a) The resident fishing
license fee is $8 or an amount set by the commission, whichever
amount is more.
(b) The commission may establish a lower fee or waive the
fee or license requirement for:
(1) a resident who has a general commercial
fisherman's license of this state;
(2) a resident who is blind as defined by Section
94.001, Human Resources Code;
(3) a resident or nonresident who is under 17 years
old; or
(4) a resident or nonresident who is 65 years old or
over.
(c) The commission shall waive the fee for a qualified
disabled veteran as defined by Section 42.012.
(d) The department may issue a lifetime resident fishing
license to residents of this state. The fee for this license is
$300 or an amount set by the commission, whichever amount is more.
(e) The nonresident fishing license fee is $15 or an amount
set by the commission, whichever amount is more.
(f) The commission may establish collection and issuance
fees for licenses and tags issued under this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 1110, ch. 409, § 2, eff. Aug.
29, 1977; Acts 1977, 65th Leg., p. 1475, ch. 599, § 1, eff. Sept.
1, 1977; Acts 1979, 66th Leg., p. 1397, ch. 623, § 3, eff. Aug.
27, 1979; Acts 1981, 67th Leg., p. 2607, ch. 695, § 2, eff. Sept.
1, 1981; Acts 1983, 68th Leg., p. 1331, ch. 277, § 19, eff. Sept.
1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 30, eff. Sept.
1, 1986; Acts 1987, 70th Leg., ch. 27, § 2, eff. April 22, 1987;
Acts 1995, 74th Leg., ch. 629, § 3, eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 931, § 80, eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 840, § 2, eff. Sept. 1, 1997.
§ 46.0045. TAG FEES. The commission by rule may
establish fees for initial and duplicate tags issued under this
subchapter.
Added by Acts 1993, 73rd Leg., ch. 457, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 931, § 50, eff. June 16,
1995.
§ 46.005. TEMPORARY SPORTFISHING LICENSES. (a) Any
person who is a Texas resident or other person designated by the
commission is entitled to receive from the department a license
allowing fishing for sporting purposes in public water for a period
of 14 consecutive days or other period set by the commission. The
commission may authorize the issuance of more than one type of
license under this subsection and may prescribe the categories of
persons to whom the licenses may be issued.
(b) The fee for a temporary sportfishing license is an
amount set by the commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2607, ch. 695, § 2, eff.
Sept. 1, 1981; Acts 1983, 68th Leg., p. 1331, ch. 277, § 20, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 31, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, § 51, eff. June 16,
1995.
§ 46.0051. TEMPORARY NONRESIDENT LICENSES. (a) A
nonresident or other person designated by the commission is
entitled to receive from the department a license allowing fishing
for sporting purposes in public water for a period of five
consecutive days or other period set by the commission. The
commission may authorize the issuance of more than one type of
license under this subsection and may prescribe the categories of
persons to whom the licenses may be issued.
(b) The fee for a license is an amount set by the commission.
Added by Acts 1977, 65th Leg., p. 1110, ch. 409, § 3, eff. Aug.
29, 1977. Amended by Acts 1979, 66th Leg., p. 1397, ch. 623, § 4,
eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 1331, ch. 277, § 21,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 32,
eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, § 52, eff.
June 16, 1995.
§ 46.006. DUPLICATE LICENSE OR TAG. (a) If a license
issued under this subchapter is lost or destroyed, a license deputy
may issue a duplicate license on application of the license holder
and receipt of $5 or an amount set by the commission, whichever
amount is more. If a tag issued under this subchapter is lost or
destroyed, a license deputy may issue a duplicate tag on
application of the tag holder and payment of a fee set by the
commission under Section 46.0045 of this code.
(b) The application for a duplicate license or tag must be
an affidavit containing:
(1) a statement of fact concerning the loss or
destruction of the license or tag; and
(2) any other information which the commission by
regulation may prescribe as necessary.
(c) Repealed by Acts 1995, 74th Leg., ch. 931, § 80, eff.
June 16, 1995.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1332, ch. 277, § 22, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 33, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 457, § 2, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 838, § 23, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 931, § 53, 80, eff. June 16, 1995.
§ 46.007. EXPIRATION OF LICENSES AND TAGS. (a) Except
as provided by Subsections (b), (c), (d), (e), and (f) of this
section, a license required or authorized by this subchapter is
valid only during the yearly period for which it is issued without
regard to the date on which the license 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
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.
(b) A license issued under Section 46.005 or 46.0051 of this
code is valid for the number of consecutive days authorized and does
not necessarily expire on August 31 or another date set by the
commission.
(c) A tag or duplicate tag required or authorized by this
subchapter is valid for a period as established by the commission.
(d) A license issued under Section 46.004 of this code that
is issued before September 1 or another date set by the commission
and 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.
(e) A lifetime resident fishing license is valid for the
lifetime of the license holder.
(f) A duplicate license is valid for the period of validity
of the original license only.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 1110, ch. 409, § 4, eff. Aug.
29, 1977; Acts 1977, 65th Leg., p. 1536, ch. 626, § 1, eff. Aug.
29, 1977; Acts 1993, 73rd Leg., ch. 457, § 2, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 838, § 24, eff. July 15, 1993; Acts
1995, 74th Leg., ch. 931, § 54, eff. June 16, 1995.
§ 46.008. LICENSE INFORMATION. A license issued under
this subchapter must contain information determined by the
commission to be necessary.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 1476, ch. 599, § 2, eff.
Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 473, § 2, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 457, § 2, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 838, § 25, eff. Sept. 1, 1993.
§ 46.0085. FORM AND ISSUANCE OF LICENSES AND
TAGS. (a) The department shall issue and prescribe the form and
manner of issuance of the licenses and tags authorized by this
chapter. The commission by rule may prescribe identification and
compliance requirements.
(b) A license and tag issued under this chapter is not valid
until the person to whom it is issued completes all required
information on the license and tag.
(c) The department may issue tags for finfish species
allowed by law to be taken during each year or season from coastal
waters of the state to holders of licenses authorizing the taking of
finfish species or to other categories of persons.
Added by Acts 1991, 72nd Leg., ch. 473, § 1, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 457, § 2, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 931, § 55, eff. June 16, 1995.
§ 46.0086. FINFISH TAGS: PROHIBITED ACTS. (a) No
person may purchase or use more finfish tags during a license year
than the number and type authorized for the year by the commission,
excluding duplicate tags issued under Section 46.006 of this code.
(b) Except as provided by Subsection (c), no person may:
(1) use the same finfish tag on more than one finfish;
(2) use a finfish tag issued in the name of another;
(3) use a tag on a finfish for which another tag is
specifically required; or
(4) take a finfish required to be tagged and fail to
immediately attach a properly executed tag to the finfish in the
manner prescribed by the commission.
(c) The commission by rule may modify or eliminate the
requirements of this section.
Added by Acts 1993, 73rd Leg., ch. 457, § 2, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 931, § 56, eff. June 16,
1995.
§ 46.013. ISSUANCE OR ACCEPTANCE OF LICENSE. No person
may issue or accept a license or tag required by this subchapter
except on a form provided by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 457, § 2, eff. Sept. 1,
1993.
§ 46.014. FISHING UNDER THE LICENSE OF ANOTHER. No
person may fish under a license issued to another or allow another
person to fish under a license issued to him.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 457, § 2, eff. Sept. 1,
1993.
§ 46.015. PENALTY. (a) A person who violates a
provision of this subchapter or, except as provided by Subsection
(b) of this section, who fails or refuses to show an officer his
license or tag on the request of the officer commits an offense that
is a Class C Parks and Wildlife Code misdemeanor.
(b) If on or before the trial of any person charged with the
failure or refusal to show an officer a license or tag issued under
this subchapter, the person produces for the court or the
prosecuting attorney the proper fishing license or tag issued to
the person and valid at the time of the offense, the court having
jurisdiction of the suit shall dismiss the charge.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 810, ch. 368, § 1, eff. Aug.
27, 1979; Acts 1985, 69th Leg., ch. 267, art. 3, § 31, eff. Sept.
1, 1985; Acts 1993, 73rd Leg., ch. 457, § 2, eff. Sept. 1, 1993.
SUBCHAPTER B. LAKE TEXOMA FISHING LICENSE
§ 46.101. LAKE TEXOMA. This subchapter applies only to
Lake Texoma, which is the portion of this state inundated by the
water impounded by a dam across the channel of the Red River, known
as Denison Dam, and any other portion of that area of land acquired
by the United States for the operation of the reservoir.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 46.102. FISHING LICENSE REQUIRED. Except as provided
in this subchapter, no person may catch fish in Lake Texoma unless
he has acquired a license issued under this subchapter. The
commission by rule may prescribe requirements relating to
possessing a license required by this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1995, 74th Leg., ch. 931, § 57, eff. June 16,
1995.
§ 46.103. EXEMPTIONS. Residents of this state engaged
in fishing within the territorial boundaries of this state are not
required to obtain a license issued under this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 46.104. LICENSE: PERIOD OF VALIDITY AND FEE. (a) A
Lake Texoma fishing license is valid until December 31 following
its date of issuance.
(b) The fee for the license is $5.75 or an amount set by the
commission, whichever amount is more.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 1400, ch. 623, § 12, eff.
Aug. 27, 1979; Acts 1983, 68th Leg., p. 1332, ch. 277, § 23, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 34, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, § 58, eff. June 16,
1995.
§ 46.105. LAKE TEXOMA 10-DAY FISHING LICENSE. (a) A
Lake Texoma 10-day fishing license is valid for 10 consecutive days
including the date of issuance.
(b) The fee for the license is $1.25 or an amount set by the
commission, whichever amount is more.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 2, § 35, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, § 59, eff. June 16,
1995.
§ 46.106. FORM OF LICENSE. Licenses issued under this
subchapter shall be on the form prescribed by the department and
must contain information necessary for enforcement of this
subchapter as required by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 838, § 26, eff. Sept. 1,
1993.
§ 46.108. DIVISION OF FEES. The department shall keep
separate and strict account of the revenue received from licenses
issued under this subchapter for annual division between this state
and the State of Oklahoma. The division shall be on a basis of the
proportionate area of Lake Texoma lying within the territorial
jurisdiction of the respective states.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 46.109. PAYMENT BY COMPTROLLER. On February 1 of each
year the comptroller shall pay to the state of Oklahoma 70 percent
of the revenue collected from licenses issued under this subchapter
during the previous calendar year.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 46.110. PENALTY. A person who violates a 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.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 32, eff.
Sept. 1, 1985.
§ 46.111. EFFECTIVE DATE OF SUBCHAPTER. This
subchapter does not become effective until:
(1) the State of Oklahoma makes provision for the sale
of licenses in Oklahoma that are parallel to the licenses
authorized by this subchapter;
(2) the State of Oklahoma provides for payment to this
state of not less than 30 percent of all revenue collected by
Oklahoma for the licenses; and
(3) the department is satisfied that this subchapter
and the provisions of Oklahoma law are not in conflict and directs
that this subchapter is effective.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
