PARKS AND WILDLIFE CODE
SUBTITLE B. HUNTING AND FISHING
CHAPTER 61. UNIFORM WILDLIFE REGULATORY ACT
SUBCHAPTER A. GENERAL PROVISIONS
§ 61.001. TITLE. This chapter may be cited as the
Wildlife Conservation Act of 1983.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 22, ch. 9, art. I, § 1, eff.
Aug. 29, 1983.
§ 61.002. PURPOSE. The purpose of this chapter is to
provide a comprehensive method for the conservation of an ample
supply of wildlife resources on a statewide basis to insure
reasonable and equitable enjoyment of the privileges of ownership
and pursuit of wildlife resources. This chapter provides a
flexible law to enable the commission to deal effectively with
changing conditions to prevent depletion and waste of wildlife
resources.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 22, ch. 44, art. I, § 2, eff.
Aug. 29, 1983.
§ 61.003. APPLICABILITY OF CHAPTER. This chapter
applies to every county, place, and wildlife resource in the state,
except as otherwise provided by this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 71, eff. Sept. 1,
1997.
§ 61.005. DEFINITIONS. In this chapter:
(1) "Wildlife resources" means all wild animals, wild
birds, and aquatic animal life.
(2) "Depletion" means the reduction of a species below
its immediate recuperative potential by any cause.
(3) "Waste" means the failure to provide for the
regulated harvest of surplus wildlife resources when that harvest
would allow, promote, or optimize a healthy and self-sustaining
population of a species.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 439, ch. 184, § 2, eff. Aug.
31, 1981; Acts 1981, 67th Leg., p. 2740, ch. 748, § 2, eff. Sept.
1, 1981; Acts 1997, 75th Leg., ch. 1256, § 72, eff. Sept. 1,
1997.
§ 61.006. CRAYFISH. Except for Section 61.022 and
Chapter 68 of this code, this chapter does not apply to crayfish,
other than in public water.
Added by Acts 1981, 67th Leg., p. 399, ch. 161, § 3, eff. May 20,
1981.
SUBCHAPTER B. PROHIBITED ACTS
§ 61.021. TAKING WILDLIFE RESOURCES PROHIBITED. Except
as permitted under a proclamation issued by the commission under
this chapter, no person may hunt, catch, or possess a game bird or
game animal, fish, marine animal, or other aquatic life at any time
or in any place covered by this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 506, ch. 213, § 2, eff. Aug.
31, 1981; Acts 1981, 67th Leg., p. 2740, ch. 748, § 3, eff. Sept.
1, 1981.
§ 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF
LANDOWNER PROHIBITED. (a) No person may hunt or catch by any
means or method or possess a wildlife resource at any time and at
any place covered by this chapter unless the owner of the land or
water, or the owner's agent, consents.
(b) Except as provided by Subsection (c), a person who
violates Subsection (a) the first time commits an offense that is a
Class A Parks and Wildlife Code misdemeanor and is punishable in
addition by the revocation or suspension under Section 12.5015 of
hunting and fishing licenses and permits.
(c) A person who violates Subsection (a) the first time by
killing a desert bighorn sheep, pronghorn antelope, mule deer, or
white-tailed deer commits an offense that is a Parks and Wildlife
Code state jail felony and is punishable in addition by the
revocation or suspension under Section 12.5015 of hunting and
fishing licenses and permits.
(d) A second violation of Subsection (a) shall be classified
as one category higher than the first violation or a Parks and
Wildlife Code felony, whichever is lesser, and is punishable in
addition by the revocation or suspension under Section 12.5015 of
hunting and fishing licenses and permits.
(e) A third or subsequent violation of Subsection (a) shall
be classified as a Parks and Wildlife Code felony and is punishable
in addition by the revocation or suspension under Section 12.5015
of hunting and fishing licenses and permits.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 507, ch. 213, § 2, eff. Aug.
31, 1981; Acts 1981, 67th Leg., p. 2740, ch. 748, § 3, eff. Sept.
1, 1981; Acts 1997, 75th Leg., ch. 1090, § 1, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1256, § 73, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 959, § 6, eff. Sept. 1, 1999.
§ 61.023. APPLYING CONTRACEPTIVES TO WILDLIFE
RESOURCES. No person may intentionally apply contraceptives to
any vertebrate wildlife resource unless the person first obtains
written authorization from the department.
Added by Acts 1997, 75th Leg., ch. 1256, § 74, eff. Sept. 1,
1997.
SUBCHAPTER C. REGULATORY DUTIES
§ 61.051. DUTY TO INVESTIGATE AND STUDY CERTAIN WILDLIFE
RESOURCES. (a) The department shall conduct scientific studies
and investigations of all species of game animals, game birds, and
aquatic animal life to determine:
(1) supply;
(2) economic value;
(3) environments;
(4) breeding habits;
(5) sex ratios; and
(6) effects of any factors or conditions causing
increases or decreases in supply.
(b) The studies and investigations may be made periodically
or continuously.
(c) The commission shall make findings of fact based on the
studies and investigations of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 75, eff. Sept. 1,
1997.
§ 61.052. GENERAL REGULATORY DUTY. (a) The commission
shall regulate the periods of time when it is lawful to hunt, take,
or possess game animals, game birds, or aquatic animal life in or
from the places covered by this chapter.
(b) The commission shall regulate the means, methods, and
places in which it is lawful to hunt, take, or possess game animals,
game birds, or aquatic animal life in or from the places covered by
this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 507, ch. 213, § 3, eff. Aug.
31, 1981; Acts 1997, 75th Leg., ch. 1256, § 76, eff. Sept. 1,
1997.
§ 61.053. OPEN SEASONS. The commission shall provide
open seasons for the hunting, taking, or possession of game
animals, game birds, or aquatic animal life if its investigations
and findings of fact reveal that open seasons may be safely provided
or if the threat of waste requires an open season to conserve game
animals, game birds, or aquatic animal life.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 507, ch. 213, § 3, eff. Aug.
31, 1981; Acts 1997, 75th Leg., ch. 1256, § 77, eff. Sept. 1,
1997.
§ 61.054. PROCLAMATIONS OF THE
COMMISSION. (a) Regulation of the hunting, taking, or possession
of game animals, game birds, or aquatic animal life under this
chapter shall be by proclamation of the commission.
(b) A proclamation of the commission authorizing the
hunting, taking, or possession of game animals, game birds, or
aquatic animal life must specify:
(1) the species, quantity, age or size, and, to the
extent possible, the sex of the game animals, game birds, or aquatic
animal life authorized to be hunted, taken, or possessed;
(2) the means or method that may be used to hunt, take,
or possess the game animals, game birds, or aquatic animal life;
and
(3) the region, county, area, body of water, or
portion of a county where the game animals, game birds, or aquatic
animal life may be hunted, taken, or possessed.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 507, ch. 213, § 3, eff. Aug.
31, 1981; Acts 1997, 75th Leg., ch. 1256, § 78, eff. Sept. 1,
1997.
§ 61.055. AMENDMENTS AND REVOCATIONS. (a) If the
commission finds that there is a danger of depletion or waste, it
shall amend or revoke its proclamations to prevent the depletion or
waste and to provide to the people the most equitable and reasonable
privilege to hunt game animals or game birds or catch aquatic animal
life.
(b) The commission may amend or revoke its proclamations at
any time it finds the facts warrant a change.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 507, ch. 213, § 3, eff. Aug.
31, 1981; Acts 1997, 75th Leg., ch. 1256, § 79, eff. Sept. 1,
1997.
§ 61.056. PROCLAMATIONS CONCERNING CERTAIN DEER AND
ANTELOPE. A proclamation of the commission authorizing the taking
of antlerless deer or antelope in this state is not effective for a
specific tract of land unless the landowner or the landowner's
agent agrees in writing to the number of antlerless deer or antelope
permits authorized for the property.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 1860, ch. 439, § 3, eff. Aug.
31, 1981; Acts 1997, 75th Leg., ch. 863, § 4, eff. Sept. 1, 1997.
§ 61.057. ANTLERLESS DEER AND ANTELOPE. (a) Except as
provided in Subsection (c) of this section, no person may hunt an
antlerless deer or antelope in this state without first having
acquired an antlerless deer or antelope permit issued by the
department on a form provided by the department.
(b) The permit may be distributed by the landowner or
landowner's agent for land which is subject to an agreement under
Section 61.056 of this code. A landowner or landowner's agent may
distribute permits only for the land the person owns or the land for
which the person is an agent.
(c) When conditions warrant, the commission may allow
hunting of antlerless deer or antelope in this state without a
permit. The proclamation allowing hunting without a permit must be
specific as to the county or portion of a county to which it
applies.
(d) No person may sell or trade a permit authorized by this
section for anything of value.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 1860, ch. 439, § 4, 5, eff.
Aug. 31, 1981; Acts 1997, 75th Leg., ch. 863, § 5, eff. Sept. 1,
1997.
§ 61.058. YOUTH HUNTING AND FISHING. (a) The
commission may provide for special open seasons during which the
taking and possession of game animals and game birds are restricted
to persons under 17 years old.
(b) The commission may provide for special means and methods
for the taking and possession of aquatic animal life by persons
under 17 years old.
Added by Acts 1997, 75th Leg., ch. 1256, § 80, eff. Sept. 1,
1997.
SUBCHAPTER D. ADMINISTRATIVE PROCEDURES
§ 61.101. LOCAL HEARING ON PROCLAMATION. (a) Before a
proclamation of the commission may be adopted, the department shall
hold public hearings in the county to be affected by the
proclamation if the director or the director's designee receives a
petition for a public hearing signed by not less than 25 persons who
reside in the county.
(b) The hearing may be conducted by a member of the
commission or by any designated employee of the department. This
subsection does not require the presence of a member at any local
hearing.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 58, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, § 81, eff. Sept.
1, 1997.
§ 61.102. NOTICE ON LOCAL HEARING. Notice of the
hearing must be given in a newspaper published in the county in
which the hearing is to be held at least 10 days before the date of
the hearing. If no newspaper is published in the county in which
the hearing is to be held, the notice must be given in a newspaper
published in an adjoining county and having wide circulation in the
county in which the hearing is to be held.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 59, eff.
Sept. 1, 1985.
§ 61.103. ADOPTION OF PROCLAMATIONS. (a) A
proclamation under this chapter must be adopted by a quorum of the
commission at a meeting of the commission held in the commission's
office in Austin.
(b) A proclamation may be adopted at any special or regular
meeting of the commission, for which the date and time are
designated by the commission.
(c) Any person interested in a proclamation is entitled to
be heard at the meeting and may introduce evidence on the imminence
of depletion or waste.
(d) For the purpose of adopting a proclamation under this
chapter, a quorum of the commission is five members.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 60, eff.
Sept. 1, 1985.
§ 61.104. EFFECTIVE DATE AND DURATION OF
PROCLAMATIONS. (a) Except as provided in Subsection (b) of this
section, a proclamation takes effect at the time determined by the
commission. The time designated by the commission may not be
earlier than 20 days after the day the proclamation is adopted by
the commission.
(b) If the commission finds that there is an immediate
danger of depletion in any area as to a species, the commission may
declare a state of emergency, and a proclamation issued under the
state of emergency takes effect on issuance.
(c) A proclamation of the commission continues in effect
until it expires by its own terms or until it is amended or
repealed.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art. 2, § 1,
eff. Sept. 1, 1979.
§ 61.106. JUDICIAL REVIEW OF PROCLAMATION. (a) The
venue for any suit challenging the validity of a proclamation of the
commission under this chapter is in Travis County.
(b) The party complaining of a proclamation has the burden
of proof to show invalidity.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER E. PROVISIONS AFFECTING LIMITED AREAS
§ 61.201. LIVINGSTON DAM FISHING PLATFORM. (a) No
person may permanently anchor a barge, boat, or other fishing
platform on the Trinity River downstream from the Livingston Dam
within the area between the restricted area boundary that is 1,000
feet from the dam and a point 1,500 feet downstream from the dam. A
barge, boat, or other fishing platform is considered permanently
anchored if it is anchored in the described area:
(1) for more than 10 hours in a 24-hour period without
moving 100 feet or more during that time; or
(2) for five or more consecutive days, whether or not
it has been moved.
(b) No person may leave a barge, boat, or other fishing
platform unattended for any period of time if the barge, boat, or
platform is within the area described in Subsection (a) of this
section.
(c) A barge, boat, or other fishing platform that is left
unattended for any period of time within the area described in
Subsection (a) of this section may be impounded and may be reclaimed
only by payment of both the fine imposed under this chapter and the
cost of impoundment.
(d) Property impounded under this section that has not been
claimed within the time period specified in Section 683.002,
Transportation Code, for disposition of an abandoned automobile is
considered abandoned and may be disposed of in the same manner as an
abandoned automobile in accordance with Chapter 683 of that code.
(e) This section may be enforced by any peace officer listed
in Article 2.12, Code of Criminal Procedure.
Added by Acts 1993, 73rd Leg., ch. 130, § 1, eff. Sept. 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 165, § 30.234, eff. Sept. 1,
1997.
§ 61.204. BIGHORN SHEEP COOPERATIVE AGREEMENTS. The
department may enter into cooperative agreements with landowners
for the purpose of restoring, protecting, and managing bighorn
sheep. A cooperative agreement may provide that any person holding
a valid bighorn sheep hunting permit may hunt on land owned by the
landowner and covered by the cooperative agreement.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 61, eff. Sept.
1, 1985.
§ 61.205. BIGHORN SHEEP HUNTING PERMITS. (a) No
person may hunt a bighorn sheep without first having acquired a
bighorn sheep hunting permit issued by the department on a form
provided by the department. A holder of a bighorn sheep hunting
permit may hunt only on those lands for which the permit is valid.
(b) The permit may be distributed by the department or by a
party to a cooperative agreement with the department for the
restoration, protection, and management of bighorn sheep. A party
to a cooperative agreement may distribute permits only for land
that he owns or is in charge of or that is designated in the
cooperative agreement.
(c) Permits distributed by the department shall be
distributed to parties to a cooperative agreement and other members
of the public by means of a fair method, subject to the limitations
of the maximum number of permits to be issued.
(d) The department may authorize the sale, trade, auction,
or donation of a bighorn sheep hunting permit if the proceeds of the
sale, trade, auction, or donation are used to restore, protect, or
manage bighorn sheep.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 61, eff. Sept.
1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, § 82, eff.
Sept. 1, 1997.
§ 61.206. BIGHORN SHEEP IDENTIFICATION. A person may
not possess a mounted or unmounted head of a bighorn sheep taken in
this state unless identification items and tags are attached as
prescribed by the commission. The commission may establish fees
for tags or other identification items issued under this section.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 61, eff. Sept.
1, 1985.
SUBCHAPTER F. PENALTIES
§ 61.901. PENALTIES. (a) Except as provided in this
section, a person who violates any provision of this chapter or any
proclamation or regulation of the commission issued under the
authority of this chapter commits an offense that is a Class C Parks
and Wildlife Code misdemeanor.
(b) A person who violates a proclamation of the commission
relating to the daily catch, retention, and size limits for redfish
or speckled sea trout taken for noncommercial purposes is guilty of
an offense and is punishable for the first and subsequent offenses
by the penalties prescribed by Sections 66.2011(d) and 66.218 of
this code.
(c) If it is shown at the trial of the defendant for a
violation of a proclamation of the commission that prohibits the
conduct defined by Section 62.003 or 62.004 of this code that he has
been convicted within five years before the trial date of a
violation of the proclamation for which he is being prosecuted, on
conviction he shall be punished for a Class B Parks and Wildlife
Code misdemeanor.
(d) If it is shown at the trial of the defendant for a
violation of a proclamation of the commission that regulates the
use and possession of nets, seines, trawls, traps, or other devices
used for catching aquatic life, except shrimp, in the inside water
of this state that he has been convicted within five years before
the trial date of a violation of the proclamation for which he is
being prosecuted, on conviction he shall be punished for a Class B
Parks and Wildlife Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 381, ch. 190, § 1, 2, eff. May
20, 1977; Acts 1981, 67th Leg., p. 507, ch. 213, § 4, eff. Aug.
31, 1981; Acts 1981, 67th Leg., p. 2698, ch. 735, § 1, eff. Aug.
31, 1981; Acts 1981, 67th Leg., p. 2740, ch. 748, § 4, eff. Sept.
1, 1981; Acts 1983, 68th Leg., p. 970, ch. 229, § 3, eff. Sept.
1, 1983; Acts 1985, 69th Leg., ch. 267, art. 3, § 39, eff. Sept.
1, 1985.
