PARKS AND WILDLIFE CODE

CHAPTER 64. BIRDS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 64.001.  GAME BIRDS.  Wild turkey, wild ducks of all 
varieties, wild geese of all varieties, wild brant, wild grouse, 
wild prairie chickens, wild pheasants of all varieties, wild 
partridge, wild bobwhite quail, wild scaled quail, wild Mearn's 
quail, wild Gambel's quail, wild red-billed pigeons, wild 
band-tailed pigeons, wild mourning doves, wild white-winged doves, 
wild white-fronted doves, wild snipe of all varieties, wild shore 
birds of all varieties, chachalacas, wild plover of all varieties, 
and wild sandhill cranes are game birds.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.  
Amended by Acts 1981, 67th Leg., p. 202, ch. 95, § 1, eff. April 
30, 1981.


	§ 64.002.  PROTECTION OF NONGAME BIRDS.  (a)  Except as 
provided by this code, no person may:
		(1)  catch, kill, injure, pursue, or possess, dead or 
alive, or purchase, sell, expose for sale, transport, ship, or 
receive or deliver for transportation, a bird that is not a game 
bird;
		(2)  possess any part of the plumage, skin, or body of a 
bird that is not a game bird;  or
		(3)  disturb or destroy the eggs, nest, or young of a 
bird that is not a game bird.
	(b)  European starlings, English sparrows, and feral rock 
doves (Columba livia) may be killed at any time and their nests or 
eggs may be destroyed.
	(c)  A permit is not required to control yellow-headed, 
red-winged, rusty, or Brewer's blackbirds or all grackles, 
cowbirds, crows, or magpies when found committing or about to 
commit depredations on ornamental or shade trees, agricultural 
crops, livestock, or wildlife, or when concentrated in numbers and 
in a manner that constitutes a health hazard or other nuisance.
	(d)  Canaries, parrots, and other exotic nongame birds may be 
sold, purchased, and kept as domestic pets.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.  
Amended by Acts 1981, 67th Leg., p. 202, ch. 95, § 2, eff. April 
30, 1981;  Acts 1985, 69th Leg., ch. 267, art. 3, § 110, eff. 
Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 610, § 2, eff. Sept. 1, 
1987;  Acts 1997, 75th Leg., ch. 1256, § 92, eff. Sept. 1, 1997.


	§ 64.003.  DESTROYING NESTS OR EGGS.  No person may 
destroy or take the nest, eggs, or young of any wild game bird, wild 
bird, or wild fowl protected by this code except as provided in 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, § 53, eff. 
Sept. 1, 1985.


	§ 64.004.  TRAPPING GAME BIRDS.  No person may set a 
trap, net, or other device for taking game birds or take or snare a 
game bird by a device without obtaining a permit from the 
department.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.  
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 54, eff. 
Sept. 1, 1985.


	§ 64.005.  PENALTY.  A person who violates a provision of 
this subchapter commits an offense that is a Class C Parks and 
Wildlife Code misdemeanor.

Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 55, eff. Sept. 
1, 1985.


	§ 64.006.  RELEASE OF TURKEYS.  (a)  Except as provided 
by this section, no turkeys may be propagated, purchased, sold, 
transported, or released for the purpose of establishing a 
free-ranging wild turkey population.
	(b)  The department may release turkeys in certain areas of 
the state for the purpose of maintaining a wild turkey population.
	(c)  The department may adopt regulations regulating the 
release of turkeys by persons other than department employees.
	(d)  This section does not apply to any turkeys maintained 
for agricultural purposes.
	(e)  The department may contract with private sector sources 
to release wild turkeys in certain areas of the state for the 
purpose of maintaining or expanding a wild turkey population.

Added by Acts 1987, 70th Leg., ch. 771, § 1, eff. Aug. 31, 1987.           


	§ 64.007.  POSSESSION OF LIVE GAME BIRDS.  No person may 
possess a live game bird in this state except as authorized by this 
code.

Added by Acts 1997, 75th Leg., ch. 1256, § 93, eff. Sept. 1, 
1997.       

SUBCHAPTER B. SEASONS AND LIMITS


	§ 64.011.  EAGLE.  No person may hunt, trap, or kill a 
golden eagle or Mexican brown eagle without first having obtained a 
permit from the department as provided by Subchapter H, Chapter 43, 
of this code.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.  
Amended by Acts 1987, 70th Leg., ch. 631, § 1, eff. June 19, 
1987.

SUBCHAPTER C. MIGRATORY GAME BIRDS


	§ 64.021.  DEFINITIONS.  In this subchapter:                                
		(1)  "Migratory game bird" means wild ducks of all 
species, wild geese and wild brant of all species, wild coot, wild 
rail, wild gallinules, wild plovers, Wilson's snipe or jack snipe, 
woodcock, mourning doves, white-winged doves, white-fronted doves, 
red-billed pigeons, band-tailed pigeons, shore birds of all 
varieties, and sandhill cranes.
		(2)  "Open season" means the period of time when it is 
lawful to take, kill, or pursue, or attempt to take or kill 
migratory game birds.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.  
Amended by Acts 1981, 67th Leg., p. 202, ch. 95, § 3, eff. April 
30, 1981.


	§ 64.022.  AUTHORITY OF COMMISSION.  The commission 
shall provide the open season and means, methods, and devices for 
the hunting and possessing of migratory game birds and may delegate 
that authority to the executive director.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.  
Amended by Acts 1997, 75th Leg., ch. 1256, § 94, eff. Sept. 1, 
1997.


	§ 64.023.  OPEN SEASON.  An open season may be provided 
only for the length of time justified by the supply of the species 
of migratory game bird affected in this state or in the zone or 
section of this state where the open season applies.

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


	§ 64.024.  REGULATIONS.  (a)  The department shall 
conduct investigations prior to the issuance of regulations on an 
open season for a migratory game bird.  The regulation may be issued 
if the supply of the migratory game bird is sufficient.
	(b)  The commission may adopt an emergency regulation 
governing the hunting or possession of migratory game birds if the 
commission finds that an emergency condition affecting the supply 
or condition of migratory game birds exists.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.  
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 62, eff. 
Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1256, § 95, eff. Sept. 
1, 1997.


	§ 64.025.  SUIT.  A party affected by and dissatisfied 
with a regulation issued under this subchapter may file suit 
against the department to test the validity of the regulation in a 
court of competent jurisdiction in Travis County.

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


	§ 64.026.  PROHIBITED ACTS.  No person may hunt or 
possess a migratory game bird by any means or method except as 
provided by regulation issued under 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, § 56, eff. 
Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1256, § 96, eff. Sept. 
1, 1997.


	§ 64.027.  PENALTY.  A person who violates a provision of 
this subchapter or a regulation of the department adopted under 
this subchapter commits an offense that is a Class C Parks and 
Wildlife Code misdemeanor.

Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 57, eff. Sept. 
1, 1985.