PARKS AND WILDLIFE CODE
CHAPTER 62. PROVISIONS GENERALLY APPLICABLE TO HUNTING
SUBCHAPTER A. GENERAL PROVISIONS
§ 62.001. DEFINITIONS. For the purpose of enforcement
of the game laws of this state:
(1) "Closed season" means the period of time during
which it is unlawful to hunt a game animal, wild fowl, or bird.
(2) "Open season" means the period of time during
which it is lawful to hunt a specified animal, game animal, wild
fowl, or bird.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 62.003. HUNTING FROM VEHICLES. (a) Except as
provided in Subsection (b) of this section, no person may hunt from
any type of aircraft or airborne device, motor vehicle, powerboat,
or sailboat, or from any other floating device any wild bird or wild
animal.
(b) Animals and birds not classified as migratory may be
hunted from a motor vehicle, powerboat, or sailboat, or from any
other floating device within the boundaries of private property or
upon private water by a person who is legally on the property or
water for the purpose of hunting if no attempt is made to hunt any
wild bird or wild animal on any part of the road system of this
state.
(c), (d) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3,
§ 110, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2698, ch. 735, § 3, eff. Aug.
31, 1981; Acts 1985, 69th Leg., ch. 267, art. 3, § 110, eff.
Sept. 1, 1985.
§ 62.004. HUNTING AT NIGHT. No person may hunt any wild
bird, wild game bird, wild fowl, or wild game animal protected by
this code at any season of the year between one-half hour after
sunset and one-half hour before sunrise.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2699, ch. 735, § 4, eff. Aug.
31, 1981; Acts 1985, 69th Leg., ch. 267, art. 3, § 40, eff. Sept.
1, 1985.
§ 62.005. HUNTING WITH LIGHT. No person may hunt a game
animal or bird protected by this code with the aid of an artificial
light that casts or reflects a beam of light onto or otherwise
illuminates the game animal or bird, including the headlights of a
motor vehicle.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 110, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, § 83, eff. Sept.
1, 1997.
§ 62.006. HUNTING FOR HIRE. (a) No person may employ
another person or be employed by another person for compensation or
promise of compensation to hunt any bird, wild fowl, or game animal
protected by this code.
(b) If a person testifies against another person who
employed him in violation of this section, all prosecutions against
him in the case in which he testifies shall be dismissed.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 41, eff.
Sept. 1, 1985.
§ 62.007. STOPPING FOR SEARCH. (a) An authorized
employee of the department may search the game bag, receptacle,
automobile, or other vehicle if he has reason to believe that the
bag, receptacle, automobile, or vehicle contains game unlawfully
killed or taken.
(b) A person who refuses to allow a search or refuses to stop
a vehicle when requested to do so by an authorized employee commits
an offense.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 42, eff.
Sept. 1, 1985.
§ 62.008. PRIMA FACIE EVIDENCE. Except as provided in
Subchapter B of this chapter, possession of a wild game bird, wild
game animal, or other species of protected wildlife, whether dead
or alive, during a time when the hunting of the animal, bird, or
species is prohibited is prima facie evidence of the guilt of the
person in possession.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 62.009. PURCHASE FOR EVIDENCE. A person who, for the
purpose of establishing testimony, purchases a game bird or animal
whose sale is prohibited by this code, is immune from prosecution
for the purchase. A conviction for the unlawful sale of game may be
sustained on the uncorroborated testimony of the purchaser.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 62.010. EXCEEDING BAG LIMITS, HUNTING DURING CLOSED
SEASON, ETC.; PENALTY. (a) No person may kill or take more than
the daily, weekly, or seasonal bag limits for game birds or animals
as set out in this code.
(b) No person may hunt any game bird or animal at any time of
the year other than during the open season provided by this code.
(c) No person may kill, take, capture, wound, or shoot at
any game bird or animal for which no open season is set out by this
code.
(d) No person may possess an illegally killed game bird or
animal.
(e) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, §
110, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 110, eff.
Sept. 1, 1985.
§ 62.011. RETRIEVAL AND WASTE OF GAME. (a) Except as
provided by Subsection (c), it is an offense if a person while
hunting kills or wounds a game bird or game animal and intentionally
or knowingly fails to make a reasonable effort to retrieve the
animal or bird and include it in the person's daily or seasonal bag
limit.
(b) Except as provided by Subsection (c), it is an offense
if a person intentionally takes a game bird, game animal, or a fish
and intentionally, knowingly, or recklessly, or with criminal
negligence, fails to keep the edible portions of the bird, animal,
or fish in an edible condition.
(c) It is an offense if a person while hunting kills or
wounds a desert bighorn sheep, pronghorn antelope, mule deer, or
white-tailed deer and intentionally or knowingly fails to make a
reasonable effort to retrieve the animal or intentionally,
knowingly, or recklessly or with criminal negligence fails to keep
the edible parts of the animal in an edible condition.
Acts 1975, 64th Leg., p. 1214, ch. 456, § 15, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 110, eff.
Sept. 1, 1985; Acts 1985, 69th Leg., ch. 267, art. 4, § 1, eff.
Sept. 1, 1985; Acts 1999, 76th Leg., ch. 959, § 7, eff. Sept. 1,
1999.
§ 62.012. WRITTEN CONSENT TO HUNT OR TARGET SHOOT
REQUIRED. (a) This section applies only to a county having a
population of 3.3 million or more. This section does not apply to a
person hunting or target shooting on a public or private shooting
range.
(b) Except as provided by Subsection (d) of this section, no
person possessing a firearm may hunt a wild animal or wild bird, or
engage in target shooting on land owned by another unless the person
has in his immediate possession the written consent of the owner of
the land to hunt or engage in target shooting on the land.
(c) To be valid, the written consent required by Subsection
(b) of this section must:
(1) contain the name of the person permitted to hunt or
engage in target shooting on the land;
(2) identify the land on which hunting or target
shooting is permitted;
(3) be signed by the owner of the land or by an agent,
lessee, or legal representative of the owner; and
(4) show the address and phone number of the person
signing the consent.
(d) The owner of the land on which hunting or target
shooting occurs, the landowner's lessee, agent, or legal
representative, and a person hunting or target shooting with the
landowner or the landowner's lessee, agent, or legal representative
are not required to have in their possession the written consent
required by Subsection (b) of this section.
(e) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, §
110, eff. Sept. 1, 1985.
Added by Acts 1981, 67th Leg., p. 989, ch. 371, § 1, eff. Aug. 31,
1981. Amended by Acts 1983, 68th Leg., p. 4590, ch. 773, § 1,
eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 267, art. 3, § 110,
eff. Sept. 1, 1985; Acts 2001, 77th Leg., ch. 669, § 116, eff.
Sept. 1, 2001.
§ 62.0125. HARASSMENT OF HUNTERS, TRAPPERS, AND
FISHERMEN. (a) This section may be cited as the Sportsman's
Rights Act.
(b) In this section:
(1) "Wildlife" means all species of wild mammals,
birds, fish, reptiles, or amphibians.
(2) "Process of hunting or catching" means any act
directed at the lawful hunting or catching of wildlife, including
camping or other acts preparatory to hunting or catching of
wildlife that occur on land or water on which the affected person
has the right or privilege of hunting or catching that wildlife.
(c) No person may intentionally interfere with another
person lawfully engaged in the process of hunting or catching
wildlife.
(d) No person may intentionally harass, drive, or disturb
any wildlife for the purpose of disrupting a person lawfully
engaged in the process of hunting or catching wildlife.
(e) No person may enter or remain on public land or enter or
remain on private land without the landowner's or his agent's
consent if the person intends to disrupt another person lawfully
engaged in the process of hunting or catching wildlife.
(f) This section does not apply to a peace officer of this
state, a law enforcement officer of the United States, a member of
the armed forces of the United States or of this state, or employees
of the department or other state or federal agencies having
statutory responsibility to manage wildlife or land during the time
that the officer, member, or employee is in the actual discharge of
official duties.
(g) A person who violates this section commits an offense.
An offense under this section is a Class B misdemeanor.
(h) It is an affirmative defense to prosecution that the
defendant's conduct is protected by the right to freedom of speech
under the constitution of this state or the United States.
Added by Acts 1985, 69th Leg., ch. 731, § 1, eff. Aug. 26, 1985.
Amended by Acts 1993, 73rd Leg., ch. 700, § 1, eff. Sept. 11,
1993.
§ 62.013. PENALTIES. (a) Except as provided by
Subsections (b) and (c) of this section, a person who violates a
provision of this subchapter commits an offense that is a Class C
Parks and Wildlife Code misdemeanor.
(b) A person who violates Section 62.003, 62.004, 62.005, or
62.011(c) of this code commits an offense that is a Class A Parks
and Wildlife Code misdemeanor, unless it is shown at the trial of
the defendant for a violation of that section that the defendant has
been convicted one or more times before the trial date of a
violation of that section, in which case the offense is a Parks and
Wildlife Code state jail felony.
(c) In addition to the punishments provided in Subsections
(a) and (b), a person who violates Section 62.003, 62.004, 62.005,
or 62.011(c) of this code is punishable by the revocation or
suspension under Section 12.5015 of hunting and fishing licenses
and permits.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 43, eff. Sept.
1, 1985. Amended by Acts 1989, 71st Leg., ch. 738, § 1, eff.
Sept. 1, 1989; Acts 1999, 76th Leg., ch. 959, § 8, eff. Sept. 1,
1999.
§ 62.014. HUNTER EDUCATION PROGRAM. (a) In this
section:
(1) "Firearm" means any device designed, made, or
adapted to expel a projectile through a barrel by using the energy
generated by an explosion or burning substance or any device
readily convertible to that use.
(2) "Archery equipment" means a long bow, recurved
bow, or compound bow.
(b) The department may establish and administer a statewide
hunter education program. The program must include but is not
limited to instruction concerning:
(1) the safe handling and use of firearms, archery
equipment, and crossbows;
(2) wildlife conservation and management;
(3) hunting laws and applicable rules and regulations;
and
(4) hunting safety and ethics, including landowners'
rights.
(c) The department shall issue a certificate to a person who
has successfully completed a hunter education course. The
department shall prescribe the form of the certificate.
(d) If funds are available for its implementation the
commission may establish a mandatory hunter education program and
may require a person to have successfully completed a training
course before the person may hunt with firearms, archery equipment
as defined in Subsection (a) of this section, or crossbows in Texas.
If the certificate is so required, the person must possess the
certificate or other evidence of completion of the program while
hunting with firearms, archery equipment as defined in Subsection
(a) of this section, or crossbows. The commission may provide that
residents or nonresidents who have successfully completed the same
or a comparable hunter education course and possess a certificate
or other evidence of completion have satisfied the requirements
imposed under this subsection. The commission may establish a
minimum age for participation in the program. Those persons who
cannot participate in the hunter education program because they do
not meet the minimum age or other requirements established by the
commission can only hunt with firearms, archery equipment as
defined in Subsection (a) of this section, or crossbows in Texas if
they are accompanied by a person who is 17 years of age or older and
licensed to hunt in Texas. Additionally, a person under 17 years of
age hunting with a person licensed to hunt in Texas who is 17 years
of age or older is not required to have certification under this
Act.
The commission may implement the program by age group.
Persons who are 17 years of age or older on September 1, 1988, or on
the date on which a mandatory hunter education course is
implemented, whichever is later, are exempt from the requirements
imposed under this subsection.
The department is responsible for offering mandatory hunter
education courses that are accessible to those persons required to
take this course. To this end, the department shall provide hunter
education opportunities in each county of the state when a
substantial number of residents request a class or at least once a
year.
(e) The commission may maximize the utilization of
volunteer instructors to minimize the costs of the course and is
authorized to charge a fee not to exceed $15 to defray
administrative costs. Fees collected under this subsection, less
any instructor expenses approved by the department, shall be
deposited to the credit of the game, fish, and water safety account.
The commission by rule may establish a procedure to allow a
volunteer instructor to retain an amount from the fees collected by
the instructor under this subsection to cover the instructor's
actual and necessary out-of-pocket expenses.
(f) The department shall determine qualifications for
instructors in the hunter education program and shall recruit,
train, and certify instructors for the program.
(g) The department may cooperate with educational
institutions, local governments, individuals, or organizations
interested in hunter education in administering this section. The
department may accept gifts, grants, and donations to be used in
administering this section.
(h) The commission shall adopt rules to implement the hunter
education program.
(i) The commission may establish an incentive program to
encourage citizens to participate in the program as instructors.
(j) A person who violates any provision of this section or
any proclamation or regulation of the commission issued under the
authority of this section commits an offense.
(k) If the commission requires a person to possess a
certificate issued under this section and if the person is charged
with a Class C Parks and Wildlife Code misdemeanor for failing to
possess the required certificate, the person may present to the
court not later than the 10th day after the date of the alleged
offense an oral request or written motion to take a hunter safety
training course.
(l) If a person requests a hunter safety training course as
provided by Subsection (d) of this section, the court shall defer
proceedings and allow the person 90 days to present written
evidence that, after being charged with failure to possess the
certificate, the person has successfully completed a hunter safety
training course approved by the department. If a person
successfully completes the course and the evidence presented is
accepted by the court, the court shall dismiss the charge.
(m) It is a defense to prosecution under this section for
failure to possess a certificate that the person charged produces
in court a certificate issued to that person that was valid on the
date of the alleged offense.
Added by Acts 1987, 70th Leg., ch. 276, § 1, eff. Aug. 31, 1987.
Amended by Acts 1993, 73rd Leg., ch. 679, § 43, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 732, § 1, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 1256, § 84, 85, eff. Sept. 1, 1997.
§ 62.015. HUNTING AND POSSESSION OF EXOTIC
ANIMALS. (a) In this section, "exotic animal" means exotic
livestock or exotic fowl as defined by Section 161.001(a),
Agriculture Code, aoudad sheep, or elk.
(b) No person on a public road or on the right-of-way of a
public road may hunt an exotic animal.
(c) No person may hunt on the land of another for an exotic
animal without the express consent of the owner of the land to hunt
for exotic animals.
(d) Except as provided in Subsections (e) and (f) of this
section, no person may possess an exotic animal or the carcass of an
exotic animal.
(e) Subsection (d) of this section does not apply to the
owner or employee of the owner of the exotic animal, a person who
holds a permit for the management of wildlife or exotic animals by
the use of aircraft under Subchapter G, Chapter 43, of this code, a
public health officer, a law enforcement officer, or a
veterinarian.
(f) It is an affirmative defense to a prosecution under
Subsection (d) of this section that the person possessed the exotic
animal or the carcass of the exotic animal with the knowledge and
consent of the owner.
(g) A person who violates this section commits an offense
that is a Class A Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 477, § 1, eff. Aug. 26, 1985.
Renumbered from § 62.013 by Acts 1989, 71st Leg., ch. 2, §
16.01(28), eff. Aug. 28, 1989. Amended by Acts 1991, 72nd Leg., ch.
424, § 2, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 969, §
12, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 863, § 6, eff.
Sept. 1, 1997.
§ 62.016. COMPETITIVE HUNTING DOG EVENTS. The
department may permit a person to hold or participate in a
competitive hunting dog field trial, in an area controlled by the
department and designated by the commission as a public hunting
area if:
(1) a participant in the event is prohibited from:
(A) using a firearm in the event; or
(B) taking the wildlife that is the object of the
event; and
(2) the event does not deter other persons from
hunting during a designated hunting season.
Added by Acts 1995, 74th Leg., ch. 372, § 1, eff. Aug. 28, 1995.
§ 62.017. DISPOSITION OF SEIZED PROPERTY. (a) If a
person is finally convicted of an offense under Section 62.003,
62.004, 62.005, or 62.011(c), the court entering judgment of
conviction may order any weapon or other personal property used in
the commission of the offense destroyed or forfeited to the
department.
(b) If the department receives a forfeiture order from a
court as authorized by this section, the department may:
(1) use the property in its normal operation;
(2) sell or transfer the property; or
(3) destroy the property.
(c) This section does not apply to a vehicle, aircraft, or
vessel.
(d) If the disposition of property under this section is by
sale of the property, the sale proceeds shall be deposited in the
game, fish, and water safety account.
Added by Acts 1999, 76th Leg., ch. 851, § 3, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 959, § 9, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 15.001, eff. Sept. 1, 2001.
SUBCHAPTER B. SALE, TRANSPORTATION, AND STORAGE OF GAME
§ 62.021. SALE OR PURCHASE OF CERTAIN GAME. (a) Except
as provided by Subsection (c), no person may sell, offer for sale,
purchase, offer to purchase, or possess after purchase a wild bird,
game bird, or game animal, dead or alive, or part of the bird or
animal.
(b) This section applies only to a bird or animal protected
by this code without regard to whether the bird or animal is taken
or killed in this state.
(c) This section does not prohibit the sale of:
(1) a live game animal, a dead or live game bird, or
the feathers of a game bird if the sale is conducted under authority
of a license or permit issued under this code; or
(2) an inedible part, including the hide, antlers,
bones, hooves, or sinew of a deer.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2699, ch. 735, § 5, eff. Aug.
31, 1981; Acts 1985, 69th Leg., ch. 267, art. 3, § 44, eff. Sept.
1, 1985; Acts 1997, 75th Leg., ch. 1256, § 86, eff. Sept. 1,
1997.
§ 62.023. SALE BY TAXIDERMIST. (a) If the owner of
heads or hides that have been mounted or tanned has not claimed them
within 90 days after notification by a taxidermist or tanner, the
taxidermist or tanner may sell the head or hides for the amount due
for labor performed.
(b) Heads or hides sold under this section must have
attached the original transportation affidavit required under this
subchapter.
(c) A taxidermist or tanner selling heads or hides under
this section shall report immediately the sale to the department.
The report must include the name of the person purchasing the head
or hides and a copy of the transportation affidavit regarding the
manner in which the head or hides were obtained.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 62.024. IMPORTATION OF GAME. No person may bring into
this state any bird or animal protected by this code during the
closed season for that bird or animal except as provided by this
code.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 45, eff.
Sept. 1, 1985.
§ 62.025. IMPORTATION OF GAME. No person may bring into
this state a bird or animal protected by this code for sale, barter,
exchange, or shipment for sale during the open season for that bird
or animal except as provided in Section 62.026 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. 3, § 46, eff.
Sept. 1, 1985.
§ 62.026. IMPORTATION OF PROTECTED WILDLIFE FROM
MEXICO. (a) It is lawful to ship or bring any wild game birds,
wild game animals, or other protected species of wildlife from the
Republic of Mexico into this state at any season if the person
importing the wildlife has obtained:
(1) Repealed by Acts 1979, 66th Leg., p. 550, ch. 260,
art. 5, § 1(1), eff. Sept. 1, 1979.
(2) a statement from the United States Customs Officer
at the port of entry showing that the wildlife was brought from the
Republic of Mexico.
(b) to (d) Repealed by Acts 1979, 66th Leg., p. 550, ch. 260,
art. 5, § 1(1), eff. Sept. 1, 1979.
(e) The department may prescribe reasonable rules and
regulations for the importation of wild game birds, wild game
animals, and other protected species of wildlife, and the number of
each species that may be imported during a calendar week under this
section.
(f) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, §
110, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 550, ch. 260, art. 5, § 1(1),
eff. Sept. 1, 1979; Acts 1985, 69th Leg., ch. 267, art. 3, § 110,
eff. Sept. 1, 1985.
§ 62.0265. TRANSPORTATION OF WILD ANIMALS AND
BIRDS. (a) A person may transport or ship to and from a
taxidermist or tannery for mounting or preserving purposes or to
his home, a specimen or part of a specimen of a wild bird or wild
animal of this state, if the bird or animal was lawfully taken by
the person, and if the specimen is not for sale.
(b) This section does not prohibit the transportation of a
specimen and parts of a specimen as permitted under Sections 62.021
and 62.022 of this code.
Added by Acts 1977, 65th Leg., p. 610, ch. 221, § 1, eff. May 24,
1977.
§ 62.029. RECORDS OF GAME IN COLD STORAGE OR PROCESSING
FACILITY. (a) As used in this section, "cold storage or
processing facility" has the meaning assigned by Section 42.001.
(b) The owner, operator, or lessee of a cold storage or
processing facility shall maintain a book containing a record of:
(1) the name, address, and hunting license number of
each person who killed a game bird or game animal that is placed in
the facility;
(2) the name and address of each person who places a
game bird or game animal in the facility, if different from the
person who killed the bird or animal;
(3) the number and kind of game birds or game animals
placed in the facility; and
(4) the date on which each game bird or game animal is
placed in the facility.
(c) The owner, operator, or lessee shall enter all
information into the book as required by this section before
placing in storage or processing any game animal or game bird.
(d) The cold storage or processing facility record book
shall be kept at the facility and may be inspected by an authorized
employee of the department during business hours or at any other
reasonable time.
(e) Each cold storage or processing facility record book
shall be kept at the facility until the first anniversary of the
date of the last entry in the book.
(f) This section does not apply to a private, noncommercial,
family-owned cold storage or processing facility.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 110, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, § 87, eff. Sept.
1, 1997; Acts 2003, 78th Leg., ch. 558, § 2, eff. Sept. 1, 2003.
§ 62.030. POSSESSION OF GAME IN COLD STORAGE OR
PROCESSING FACILITY. A person may place and maintain, or possess,
in a cold storage or processing facility lawfully killed game birds
and game animals not in excess of the number permitted to be
possessed by law.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 88, eff. Sept. 1,
1997.
§ 62.031. INSPECTIONS OF FACILITIES. (a) Authorized
employees of the department may enter and inspect a cold storage or
processing facility or other place, including taxidermist shops and
tanneries, where protected wildlife are stored.
(b) In this section "protected wildlife" means game
animals, game birds, nongame animals, and nongame birds that are
the subject of any protective law or regulation of this state or the
United States.
(c) Inspections under this section may be made during normal
business hours or at any other reasonable time.
Added by Acts 1977, 65th Leg., p. 611, ch. 221, § 3, eff. May 24,
1977. Amended by Acts 1997, 75th Leg., ch. 1256, § 89, eff.
Sept. 1, 1997.
§ 62.032. PENALTIES. (a) Except as provided by
Subsection (b) of this section, a person who violates a provision of
this subchapter or a rule adopted under this subchapter commits an
offense that is a Class C Parks and Wildlife Code misdemeanor.
(b) If it is shown at the trial of the defendant for a
violation of Section 62.021 of this code that he has been convicted
within five years before the trial date of a violation of that
section, on conviction he shall be punished for a Class B Parks and
Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 48, eff. Sept.
1, 1985.
SUBCHAPTER D. HUNTING IN STATE PARKS
§ 62.061. PROHIBITED ACTS. Except as authorized by the
commission under this subchapter, no person may hunt a wild animal,
wild bird, or wild fowl in a state park, fort, or historic site
under the jurisdiction of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 62.062. SEASON. (a) As sound biological management
practices warrant and until August 31, 1995, the commission may
prescribe an open season for hunting in state parks, forts, or sites
where size, location, and other physical conditions permit hunting.
(b) After August 31, 1995, as sound biological practices
warrant, and after it has established a classification system for
parks in accordance with Section 13.001(b) of this code, the
commission may prescribe an open season for recreational hunting in
state parks, forts, or sites where size, location, physical
conditions, safety, and other uses permit hunting.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 350, ch. 139, § 2, eff. Aug.
31, 1981; Acts 1985, 69th Leg., ch. 267, art. 1, § 77, eff. Sept.
1, 1985; Acts 1993, 73rd Leg., ch. 217, § 2, eff. May 18, 1993.
§ 62.063. REGULATORY AUTHORITY. The commission may
prescribe the number, size, kind, and sex and the means and methods
of taking any wildlife during an open season in a state park, fort,
or historic site.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 62.0631. SEA RIM STATE PARK. (a) The commission may
provide an open season for recreational hunting in Sea Rim State
Park that is not inconsistent with sound biological management
practices normally exercised to protect or utilize the wildlife
resources occurring therein.
(b) The regulations of the commission under this section may
not provide for a longer season, a greater seasonal or daily bag
limit, or less restrictive means or methods of taking any wildlife
resource than are provided in the regulations of the commission
promulgated under the Wildlife Conservation Act of 1983 (Chapter 61
of this code), and Subchapter C, Chapter 64, of this code for the
same year applicable to the remainder of Jefferson County.
(c) The limitations provided in Subsections (a) and (b) of
Section 62.062 of this code do not apply to the regulations of the
commission under this section.
Added by Acts 1981, 67th Leg., p. 350, ch. 139, § 1, eff. Aug. 31,
1981. Amended by Acts 1983, 68th Leg., p. 33, ch. 9, art. II, §
1, eff. Aug. 29, 1983.
§ 62.064. FEE FOR HUNTING. The commission may set a
reasonable fee to be collected for hunting in state parks, forts,
and sites.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 62.065. DISPOSITION OF FUNDS. Revenue received under
this subchapter shall be deposited in the state treasury to the
credit of the state parks account.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 679, § 44, eff. Sept. 1,
1993.
§ 62.066. MANAGEMENT OF RESOURCES. The commission may
direct the service or division of the department charged with the
management of wildlife resources to manage the aquatic and wildlife
resources found in state parks, forts, or historic sites.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 62.067. GENERAL HUNTING LICENSE. The provisions of
this subchapter do not waive the requirement of a hunting license
under this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 62.068. ARREST. A peace officer, game management
officer, or commissioned state park employee may arrest without
warrant a person found committing a violation of this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 62.069. 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, § 49, eff.
Sept. 1, 1985.
SUBCHAPTER E. WEAPONS ON LOWER COLORADO RIVER AUTHORITY LAND
§ 62.081. WEAPONS PROHIBITED. Except as provided in
Section 62.082 of this code, no person may hunt with, possess, or
shoot a firearm, bow, crossbow, slingshot, or any other weapon on or
across the land of the Lower Colorado River Authority.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 62.082. TARGET RANGES AND MANAGED HUNTS. (a) The
Board of Directors of the Lower Colorado River Authority may lease
river authority land to be used on a nonprofit basis for a target
rifle or archery range.
(b) A member of the boy scouts or the girl scouts or other
nonprofit public service group or organization may possess and
shoot a firearm, bow, and crossbow for target or instructional
purposes under the supervision of a qualified instructor registered
with and approved by the Lower Colorado River Authority on ranges
designated by the Lower Colorado River Authority.
(c) The Board of Directors of the Lower Colorado River
Authority may authorize lawful hunting on Lower Colorado River
Authority lands, consistent with sound biological management
practices.
(d) Section 62.081 does not apply to an employee of the
Lower Colorado River Authority, a person authorized to hunt under
Subsection (c), or a peace officer as defined by Article 2.12, Code
of Criminal Procedure.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 90, eff. Sept. 1,
1997.
§ 62.083. APPROVED INSTRUCTOR AND RANGE RECORDS. The
Lower Colorado River Authority shall maintain in its Austin office
a current listing of approved and registered instructors and a map
indicating the location of the designated ranges. The records
shall be made available on request to enforcement officers and
county attorneys.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 62.084. PENALTY. A person who violates Section 62.081
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, § 50, eff.
Sept. 1, 1985.
SUBCHAPTER F. UNLAWFUL CONTROLLED KILLING OF OR ATTEMPTING TO
INJURE DANGEROUS WILD ANIMALS
§ 62.101. DEFINITIONS. In this subchapter:
(1) "Captivity" means the state of being held under
control or kept caged or penned.
(2) "Dangerous wild animal" means a lion, tiger,
leopard, cheetah, hyena, bear, elephant, wolf, or rhinoceros and
includes any species, subspecies, or hybrid of any of those
animals.
(3) "Hybrid" means an offspring of two animals of
different breeds, species, or genera.
(4) "Lion" means African and Asiatic lion.
(5) "Sanctuary" means a place of refuge where abused,
neglected, unwanted, impounded, abandoned, orphaned, or displaced
dangerous wild animals are provided care for their lifetime or
until released back to their natural habitat.
Added by Acts 1995, 74th Leg., ch. 23, § 1, eff. Sept. 1, 1995.
§ 62.102. CONTROLLED KILLING OF OR ATTEMPTING TO INJURE
DANGEROUS WILD ANIMAL PROHIBITED. No person may:
(1) kill or attempt to injure a dangerous wild animal
that is:
(A) in captivity in this state; or
(B) released from captivity in this state for the
purpose of being killed; or
(2) conduct, promote, assist, or advertise an activity
prohibited by Subdivision (1).
Added by Acts 1995, 74th Leg., ch. 23, § 1, eff. Sept. 1, 1995.
§ 62.103. UNLAWFUL CONTROLLED KILLING; CERTAIN
COMMERCIAL ACTIVITY PROHIBITED. No person may:
(1) sell or offer for sale, or transport or consign for
transportation in this state, including interstate commerce in this
state, a dangerous wild animal that is to be used for controlled
killing prohibited by Section 62.102(1); or
(2) sell or offer for sale a part of or a product made
from a dangerous wild animal that is used in a controlled kill
prohibited by Section 62.102(1).
Added by Acts 1995, 74th Leg., ch. 23, § 1, eff. Sept. 1, 1995.
§ 62.104. SEIZURE OF DANGEROUS WILD ANIMAL OR CARCASS,
HIDE, PART OR PRODUCT. (a) A peace officer may seize a live
dangerous wild animal or a carcass, hide, or part of or a product
made from a dangerous wild animal if the officer has probable cause
to believe that the live animal, carcass, hide, part, or product
possessed by a person was killed, wounded, or injured in, or
obtained as a result of, a controlled kill prohibited by Section
62.102(1).
(b) The commission shall adopt rules for the final
disposition of a carcass, hide, part, product, or live animal
seized under this section.
(c) The department, a game warden, or other department
employee authorized to act under this section is immune from
criminal or civil liability and from prosecution or civil suit for a
seizure conducted under this section or rules adopted under this
section.
Added by Acts 1995, 74th Leg., ch. 23, § 1, eff. Sept. 1, 1995.
§ 62.105. AUTHORITY OF LOCAL GOVERNMENT. This
subchapter does not restrict the authority of a local government to
regulate the possession of a dangerous wild animal if the
regulation does not conflict with this subchapter.
Added by Acts 1995, 74th Leg., ch. 23, § 1, eff. Sept. 1, 1995.
§ 62.106. EXCEPTIONS. (a) This subchapter does not
apply to a peace officer or other employee of a municipality, a
county, or this state, or a person acting at the direction of such
an officer or employee, who, while acting in an official capacity or
at the direction of such an officer or employee acting in an
official capacity, injures or kills a dangerous wild animal that
the officer or employee reasonably believes to present, under the
circumstances, the possibility of danger to the public. A person
described by this subsection is immune from criminal or civil
liability and from prosecution or civil suit for causing injury or
death to the animal.
(b) This subchapter does not apply to a licensed
veterinarian or an employee of a sanctuary exempt from federal
taxation under Section 501(c)(3) of the Internal Revenue Code of
1986 (26 U.S.C. Section 501) or of a facility accredited by the
Association of Zoos and Aquariums, who, while in the course of such
employment, humanely euthanizes a dangerous wild animal to
eliminate the suffering of that animal due to illness or injury. A
person described by this subsection is immune from criminal or
civil liability and from prosecution or civil suit for causing
injury or death to the animal.
Added by Acts 1995, 74th Leg., ch. 23, § 1, eff. Sept. 1, 1995.
§ 62.107. CRIMINAL PENALTY. A person who violates this
subchapter commits an offense that is a Class A Parks and Wildlife
Code misdemeanor, unless it is shown at the trial of the defendant
for a violation of this subchapter that the defendant has been
convicted one or more times before the trial date of a violation of
this subchapter, in which case the offense is a Parks and Wildlife
Code felony.
Added by Acts 1995, 74th Leg., ch. 23, § 1, eff. Sept. 1, 1995.
