PARKS AND WILDLIFE CODE
SUBTITLE C. FUR-BEARING ANIMALS
CHAPTER 71. LICENSES AND REGULATIONS
§ 71.001. DEFINITIONS. In this subtitle:
(1) "Fur-bearing animal" means wild beaver, otter,
mink, ring-tailed cat, badger, skunk, raccoon, muskrat, opossum,
fox, nutria, or civet cat.
(2) "Trapper" means a person who takes a fur-bearing
animal or the pelt of a fur-bearing animal.
(3) "Retail fur buyer" means a person who purchases a
fur-bearing animal or the pelt of a fur-bearing animal of this state
from trappers only.
(4) "Wholesale fur dealer" means a person who
purchases for himself or for another person a fur-bearing animal or
the pelt of a fur-bearing animal of this state from a trapper, a
retail fur buyer, a fur-bearing animal propagator, or another
wholesale fur dealer.
(5) "Resident" means an individual who has resided
continuously in this state for more than six months immediately
before applying for a license issued under this chapter.
(6) "Nonresident" means an individual who is not a
resident.
(7) "Sale" includes barter and other transfers of
ownership for consideration.
(8) "Take" means the act of snaring, trapping,
shooting, killing, or capturing by any means and includes an
attempt to take.
(9) "Carcass" means the body of a dead fur-bearing
animal, with or without the hide attached.
(10) "Depredation" means the loss of or damage to
agricultural crops, livestock, poultry, wildlife, or personal
property.
(11) "Pelt" means the untanned, green or dried hide or
skin of a fur-bearing animal, whether or not the hide or skin is
attached to the carcass.
(12) "Place of business" means a place where
fur-bearing animals or their pelts are sold, received, transported,
possessed, or purchased, and includes a vehicle used by a trapper,
retail fur buyer, wholesale fur dealer, or fur-bearing animal
propagator.
(13) "Fur-bearing animal propagator" means a person
who takes or possesses a living fur-bearing animal and holds it for
the purpose of propagation or sale.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 2047, ch. 801, § 1, eff. Aug.
27, 1979; Acts 1981, 67th Leg., p. 2737, ch. 748, § 1, eff. Sept.
1, 1981; Acts 1983, 68th Leg., p. 2886, ch. 491, § 3, eff. Aug.
29, 1983; Acts 1991, 72nd Leg., ch. 301, § 7, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 635, § 6, eff. Sept. 1, 1993.
§ 71.0011. APPLICATION. This chapter applies to
fur-bearing animals in each county except those populations on the
state's list of endangered fish and wildlife.
Added by Acts 1981, 67th Leg., p. 2737, ch. 748, § 1, eff. Sept.
1, 1981.
§ 71.002. PROCLAMATIONS. (a) The commission by
proclamation may regulate the taking, possession, propagation,
transportation, exportation, importation, sale, and offering for
sale of fur-bearing animals, pelts, and carcasses as the commission
considers necessary to manage fur-bearing animals or to protect
human health or property.
(b) A proclamation of the commission under this chapter may
also provide for:
(1) permit application forms, fees, procedures, and
reports;
(2) hearing procedures;
(3) the periods of time when it is lawful to take,
possess, sell, purchase, or transport fur-bearing animals, pelts,
and carcasses;
(4) catch and possession limits for fur-bearing
animals and pelts; and
(5) the means, methods, and manner that are, and
places in which it is, lawful to take or possess fur-bearing
animals, pelts, or carcasses.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, § 1, eff.
Sept. 1, 1981.
§ 71.003. SCIENTIFIC STUDIES AND INVESTIGATIONS. The
department shall conduct scientific studies and investigations of
fur-bearing animals as necessary to develop information on
populations, distribution, habitat needs, and limiting factors, to
acquire any other biological or ecological data, and to determine
appropriate management policies for public safety.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, § 1, eff.
Sept. 1, 1981.
§ 71.004. PROHIBITED ACTS. (a) No person may take,
sell, purchase, or possess a fur-bearing animal, pelt, or carcass
in this state, except as provided by proclamation of the
commission. This chapter does not prohibit a landowner or his agent
from taking a fur-bearing animal causing depredation on that
person's land. No person may possess a fur-bearing animal taken for
depredation purposes except as authorized by proclamation of the
commission.
(b) No person may take a fur-bearing animal on any privately
owned land or body of water unless the owner of the land or water, or
the owner's agent, consents.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, § 1, eff.
Sept. 1, 1981.
§ 71.005. LICENSES REQUIRED. (a) Except as provided
by this section and Section 71.004(a), no person may take a
fur-bearing animal or a pelt in this state unless the person has
acquired and possesses a trapper's license.
(b) Except as provided by commission regulation, no person
may purchase, possess after purchase, or transport for commercial
purposes a pelt or carcass taken in this state unless the person has
acquired and possesses a retail fur buyer's or wholesale fur
dealer's license.
(c) No person may capture or possess a live fur-bearing
animal for any purpose, except as otherwise authorized by this
code, unless he has acquired and possesses a fur-bearing animal
propagation license.
(d) A person who possesses a hunting license may take and
possess a fur-bearing animal if:
(1) neither the fur-bearing animal nor any part of
that animal is taken for the purpose of sale, barter, or exchange;
and
(2) the number of fur-bearing animals taken does not
exceed the daily bag limit or possession limit set by commission
regulation.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, § 1, eff.
Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 635, § 7, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1256, § 113, eff. Sept. 1, 1997.
§ 71.006. PURCHASES BY RETAIL FUR BUYER. No retail fur
buyer may purchase in this state a pelt or carcass except from a
licensed trapper.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, § 1, eff.
Sept. 1, 1981.
§ 71.007. PURCHASES BY WHOLESALE FUR DEALER. No
wholesale fur dealer may purchase in this state a pelt or carcass
except from a licensed trapper, a licensed retail fur buyer, a
fur-bearing animal propagator, or another licensed wholesale fur
dealer.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, § 1, eff.
Sept. 1, 1981.
§ 71.008. ISSUANCE OF LICENSES. The licenses
authorized by this chapter shall be of a form prescribed and issued
by the department, or an authorized agent of the department, to
applicants on the payment of the license fees.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, § 1, eff.
Sept. 1, 1981.
§ 71.009. LICENSE FEES. The fee for a license
authorized by this chapter is in the following amount or an amount
set by the commission, whichever amount is more:
(1) $10.75 for a resident trapper's license;
(2) $200.75 for a nonresident trapper's license;
(3) $50.75 for a resident retail fur buyer's license;
(4) $200.75 for a nonresident retail fur buyer's
license;
(5) $100.75 for a resident wholesale fur dealer's
license;
(6) $400.75 for a nonresident wholesale fur dealer's
license; and
(7) $50.75 for a fur-bearing animal propagation
permit.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, § 1, eff.
Sept. 1, 1981; Acts 1985, 69th Leg., ch. 267, art. 2, § 64, eff.
Sept. 1, 1985.
§ 71.010. LICENSE PERIOD. The license period for
licenses issued under this chapter is September 1 or another date
set by the commission through August 31 of the next year or another
date set by the commission, and a license is current and valid only
for the license period for which it is issued. 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
chapter 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 1981, 67th Leg., p. 2737, ch. 748, § 1, eff.
Sept. 1, 1981; Acts 1995, 74th Leg., ch. 931, § 68, eff. June 16,
1995.
§ 71.011. POSSESSION AND DISPLAY OF LICENSES. (a) A
trapper shall carry the trapper's license on his person while
taking or possessing a fur-bearing animal, pelt, or carcass.
(b) A wholesale fur dealer, a retail fur buyer, or a
fur-bearing animal propagator shall display the required license at
his place of business or while conducting business at a place other
than his place of business.
(c) The failure to display a valid license on request by the
department or an authorized agent of the department while taking,
possessing, selling, offering for sale, or buying a fur-bearing
animal, pelt, or carcass is a violation of this chapter. If on or
before the trial of a person charged with a violation of this
section, the person produces for the court or the prosecuting
attorney the proper license that was issued to the person and valid
at the time of the offense, the court shall dismiss that charge.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, § 1, eff.
Sept. 1, 1981.
§ 71.012. INSPECTIONS. The place of business of any
fur-bearing animal propagator, wholesale fur dealer, or retail fur
buyer and any vehicle being used by a fur-bearing animal
propagator, wholesale fur dealer, or retail fur buyer for the
collection or transportation of fur-bearing animals, carcasses, or
pelts are subject to inspection without a warrant by a game warden
or any other peace officer at any time.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, § 1, eff.
Sept. 1, 1981.
§ 71.014. REPORTS. The holder of a wholesale fur
dealer's, retail fur buyer's, or fur-bearing animal propagation
license shall submit reports to the department as required by
proclamation of the commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, § 1, eff.
Sept. 1, 1981.
§ 71.015. PENALTIES. (a) Except as provided in
another subsection of this section, a person who violates any
provision of this chapter or proclamation under this chapter
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
(b) If it is shown at the trial of the defendant that he has
been convicted once within the preceding 36 months of a violation of
this chapter or a proclamation under this chapter, on conviction he
shall be punished for a Class B Parks and Wildlife Code misdemeanor.
(c) If it is shown at the trial of the defendant that he has
been convicted two or more times within the preceding 60 months of a
violation of this chapter or a proclamation under this chapter, on
conviction he shall be punished for a Class A Parks and Wildlife
Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, § 1, eff.
Sept. 1, 1981; Acts 1985, 69th Leg., ch. 267, art. 3, § 79, eff.
Sept. 1, 1985.
