PARKS AND WILDLIFE CODE
CHAPTER 82. STATUTORY SANCTUARIES AND PRESERVES
SUBCHAPTER B. CONNIE HAGAR WILDLIFE SANCTUARY--ROCKPORT
§ 82.101. CREATION AND BOUNDARIES. The Connie Hagar
Wildlife Sanctuary--Rockport in Aransas County is described as
follows:
Being all of the water area of Aransas Bay and Little
Bay between the shoreline of Live Oak Peninsula and a line described
as follows:
BEGINNING at the point where the city limits of
the City of Rockport intersects the shoreline of the Aransas Bay;
THENCE, one mile due east to a point in Aransas
Bay;
THENCE, in a northeasterly direction
approximately 1-3/8 miles to a point which is 1/2 mile due east of
Nine Mile Point;
THENCE, in a north by northwesterly direction
approximately 2 miles to a point which is 1/2 mile due east of the
channel entrance to the Fulton Harbor;
THENCE, due west to the shoreline of Live Oak
Peninsula.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.102. BOUNDARY MARKERS. The department shall place
suitable markers defining the boundaries of the wildlife sanctuary.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.103. UNLAWFUL ACT. No person may hunt any bird or
animal within the wildlife sanctuary.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.104. PENALTIES. A person who violates any
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, § 96, eff.
Sept. 1, 1985.
SUBCHAPTER C. SIERRA DIABLO WILDLIFE MANAGEMENT AREA, CULBERSON AND
HUDSPETH COUNTIES
§ 82.201. CREATION. The department may set aside a
fenced game management area in Culberson and Hudspeth counties for
the protection and perpetuation of Texas Bighorn Mountain Sheep
(Ovis canadensis texiana).
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 72, eff.
Sept. 1, 1985.
§ 82.202. ACCEPTANCE OF GIFTS. The department may
accept gifts of land in Culberson and Hudspeth counties or money to
be deposited in the game, fish, and water safety account. The gifts
shall be used for the Texas Bighorn Sheep management unit.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 72, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 49, eff. Sept. 1,
1993.
§ 82.203. LAND PURCHASE; SCHOOL LANDS. The department
may purchase the surface rights in not more than eight sections of
public school lands located in Culberson and Hudspeth counties in
the following blocks: Blocks 65 and 66, T. & P. Ry. Co. land;
Blocks 42-1/2, 43, 54-1/2, Public School Lands. The minerals on the
land purchased shall be reserved to the school fund and managed by
the school land board. The price to be paid for the land shall not
exceed $1 per acre and shall be paid for by the department out of the
game, fish, and water safety account.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 72, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 50, eff. Sept. 1,
1993.
§ 82.204. OTHER LAND; TITLE APPROVAL. The department
may purchase other land in Culberson and Hudspeth counties as
necessary for the operation of the game management unit. The
department may pay for the land out of the game, fish, and water
safety account on approval of the title by the attorney general.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 72, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 51, eff. Sept. 1,
1993.
§ 82.205. LAND PURCHASE; PRIVATE. The department may
enter on, condemn, and appropriate not more than 12 sections of land
belonging to any person or corporation in Culberson and Hudspeth
counties for the purpose stated in this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 72, eff.
Sept. 1, 1985.
§ 82.206. CONDEMNATION. The method of condemnation,
assessment, and payment of damages is the same as is provided by law
for railroads. Condemnation suits brought under this subchapter
shall be brought in the name of the State of Texas by the attorney
general at the request of the department. All costs in the
proceedings shall be paid by the state or by the person against whom
the proceedings are had, to be determined as in the case of railroad
proceedings. All damages and pay or compensation for property
awarded in the proceedings shall be paid by the state by warrant
drawn on the game, fish, and water safety account.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 72, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 52, eff. Sept. 1,
1993.
§ 82.207. EXPENDITURES. All expenditures provided
under this subchapter shall be made from the game, fish, and water
safety account .
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 72, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 53, eff. Sept. 1,
1993.
SUBCHAPTER D. WILDLIFE SANCTUARY: GALVESTON COUNTY
§ 82.301. CREATION. The group of small islands located
in Galveston Bay near Smith's Point and known as Vingt et Un Islands
are a state wildlife sanctuary.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.302. UNLAWFUL ACTS. No person may hunt or in any
way molest any of the birds on any of the islands or within 50 yards
of the islands, nor may any person enter on the islands for any
purpose without first obtaining permission from the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.303. PENALTIES. A person violating any 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, § 97, eff.
Sept. 1, 1985.
SUBCHAPTER E. GAME AND FISH RESERVE: MARION AND HARRISON COUNTIES
§ 82.401. LAND SET ASIDE. All of the public land and
school land situated in, under, and adjacent to the bed of Caddo
Lake in the counties of Marion and Harrison are withdrawn from sale
and preserved for public use as a state game and fish reserve.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.402. CREATION. The department may establish one or
more game sanctuaries in the water of Caddo Lake for the protection
of wild ducks, geese, and all other migratory birds. The
sanctuaries shall protect the birds from being pursued, hunted,
taken, or disturbed.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.403. BOUNDARY MARKERS. The department shall
designate and define the boundaries of the sanctuaries by placing
markers or signs around the boundaries of each sanctuary with the
words "Game Preserve" on each marker or sign. The markers or signs
shall be placed not more than 500 yards apart.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.404. AMOUNT OF AREA SET ASIDE. The sanctuaries
shall not include more than 20 percent of the area of the lake.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.405. PUBLIC HUNTING AND FISHING. The public may
hunt and fish on all of the water of the lake except that water set
aside for sanctuaries.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.406. INVESTIGATION OF FEASIBILITY OF TIMBER LAND
PURCHASE. The department, in conjunction with the director of the
Texas Forest Service, shall investigate the feasibility and
desirability of acquiring title to a block of timbered land
adjacent to the lake comprising from 5,000 to 10,000 acres, to be
placed under the joint control of the director of the Texas Forest
Service and the department, with the view of ultimately preserving
a belt of native forest for the future and also for the propagation
of game.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 488, § 4, eff. Sept. 1,
1985.
§ 82.407. MINERAL RIGHTS. The mineral rights under the
land reserved for the sanctuaries are withdrawn from sale and the
rights may not be offered for sale until the legislature directs the
rights to be sold.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.408. UNLAWFUL ACTS. (a) No person may hunt any
kind of game on the sanctuaries established under this subchapter.
(b) No person may hunt any birds, fowl, or game of any kind
on the sanctuaries established under this subchapter.
(c) No person may pursue or frighten or attempt to pursue or
frighten any birds, fowl, or game of any kind on the sanctuaries
established under this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.409. PENALTY. A person who violates any provision
of this subchapter commits an offense that is a Class B 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, § 98, eff.
Sept. 1, 1985.
SUBCHAPTER F. INGLESIDE COVE WILDLIFE SANCTUARY: SAN PATRICIO AND
NUECES COUNTIES
§ 82.501. CREATION. The Ingleside Cove Wildlife
Sanctuary is composed of an area in San Patricio and Nueces counties
described as follows:
BEGINNING at Kinney Bayou on the east shoreline of
Ingleside Cove, also known as North Shore Channel;
THENCE, in a northwesterly direction along the
shoreline to channel marker number "22" with a flashing red light
every 4 seconds known as Donnel Point;
THENCE, due west crossing the Reynolds Channel to the
east side of a spoil bank;
THENCE, following the eastern edge of this spoil bank in
a southeasterly direction to its southern most point, continuing
southeast crossing Ingleside cut to the north shore of Ingleside
Point;
THENCE, in an easterly and southeasterly direction
along the east shoreline following the Reynolds Channel through
Ingleside Point to the southern most portion of this cut;
THENCE, due east across the Reynolds Channel to the west
shoreline of the mainland known as the southern most portion of
Ingleside Cove;
THENCE, following the shoreline in a northerly
direction being the east shoreline of Ingleside Cove to the point of
beginning.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.502. MARKING BOUNDARIES. The department shall
place suitable markers defining the boundary of the wildlife
sanctuary as described in this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.503. UNLAWFUL ACTS. (a) No person may hunt any
bird within the sanctuary.
(b) No person may fish by any means other than rod and reel
within the sanctuary.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.504. PENALTIES. A person who violates any
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, § 99, eff.
Sept. 1, 1985.
SUBCHAPTER G. FISH HATCHERIES: SMITH COUNTY
§ 82.601. CREATION. The department may construct,
enlarge, and maintain fish hatcheries in Smith County.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.602. PROPERTY ACQUISITION. The department may
enter on, condemn, and appropriate land, water rights, easements,
rights-of-way, and property of any person or corporation in Smith
County for the purposes designated in this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.603. CONDEMNATION; MANNER AND MEANS. The method
of condemnation, assessment, and payment of damages is the same as
is provided for railroads. Condemnation suits brought under this
subchapter shall be brought in the name of the State of Texas by the
attorney general at the request of the department. All costs in the
proceedings shall be paid by the state or by the person against whom
the proceedings are had, to be determined as in the case of railroad
condemnation proceedings. All damages and pay or compensation for
property awarded in the proceedings shall be paid by the state by
warrant drawn by the comptroller against any account in the state
treasury appropriated to the department for the use of constructing
and maintaining fish hatcheries.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 679, § 54, eff. Sept. 1,
1993.
SUBCHAPTER H. ISLAND CHANNEL
§ 82.651. ISLAND CHANNEL. (a) The department may
construct and maintain a channel through Padre Island, Mustang
Island, and St. Jo Island, or any of them.
(b) The department may contract for the construction of a
channel under this section on approval by the commission and
approval from the federal government of an application for
authority to construct channels.
(c) The cost of the construction and maintenance of a
channel constructed under this section may be paid from the game,
fish, and water safety account only.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 679, § 55, eff. Sept. 1,
1993.
SUBCHAPTER I. LAKE CORPUS CHRISTI GAME SANCTUARY
§ 82.701. GAME SANCTUARY. All the water of Lake Corpus
Christi in San Patricio and Live Oak counties is a game sanctuary.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.702. PROHIBITED ACTS. (a) Except as provided in
Subsection (b) of this section, no person may enter on the portion
of Lake Corpus Christi that is a game sanctuary with a gun or rifle,
and no person may attempt to shoot a bird or animal in the portion of
Lake Corpus Christi that is a game sanctuary.
(b) A person may hunt ducks and geese during the open
seasons for ducks and geese with a shotgun in the portion of Lake
Corpus Christi in San Patricio County. This exception does not
apply to hunting within one mile of the boy scout camp, the girl
scout camp, or Lake Corpus Christi Park.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.703. MARKERS. The Parks and Wildlife Department
shall erect appropriate markers at intervals adequately spaced to
warn hunters of the one-mile limit around the boy scout camp, the
girl scout camp, and Lake Corpus Christi Park in San Patricio
County.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 82.704. PENALTY. A person who violates Section 82.702
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, § 100, eff.
Sept. 1, 1985.
SUBCHAPTER J. LaSALLE COUNTY RIVERS SANCTUARY
§ 82.711. CREATION. All of the land area and public
water in state-owned riverbeds in LaSalle County, including the
Nueces and Frio rivers, is a game sanctuary.
Added by Acts 1977, 65th Leg., p. 2072, ch. 823, § 1, eff. Aug.
29, 1977.
§ 82.712. PROHIBITED ACTS. (a) Except as permitted
under Subsections (b) and (c) of this section, no person may
possess, shoot, or hunt with a firearm, bow and arrow, or crossbow
in the game sanctuary created by Section 82.711 of this code.
(b) Subsection (a) of this section does not apply to a peace
officer of this state, a law enforcement officer of the United
States, or a member of the armed forces of the United States or of
this state during the time that the officer or member is in the
actual discharge of official duties.
(c) Subsection (a) of this section does not apply to
waterfowl hunting on any reservoir owned, operated, or maintained
by a governmental entity now existing or to be constructed on said
rivers.
Added by Acts 1977, 65th Leg., p. 2072, ch. 823, § 1, eff. Aug.
29, 1977.
§ 82.713. PENALTY. A person who violates Section 82.712
of this code commits an offense that is a Class C Parks and Wildlife
Code misdemeanor.
Added by Acts 1977, 65th Leg., p. 2072, ch. 823, § 1, eff. Aug.
29, 1977. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, §
101, eff. Sept. 1, 1985.
SUBCHAPTER K. McMULLEN COUNTY RIVERS SANCTUARY
§ 82.721. CREATION. All of the land area and public
water in state-owned riverbeds in McMullen County, including the
Nueces and Frio rivers, is a game sanctuary.
Added by Acts 1977, 65th Leg., p. 2072, ch. 823, § 2, eff. Aug.
29, 1977.
§ 82.722. PROHIBITED ACTS. (a) Except as permitted
under Subsections (b) and (c) of this section, no person may
possess, shoot, or hunt with a firearm, bow and arrow, or crossbow
in the game sanctuary created by Section 82.721 of this code.
(b) Subsection (a) of this section does not apply to a peace
officer of this state, a law enforcement officer of the United
States, or a member of the armed forces of the United States or of
this state during the time that the officer or member is in the
actual discharge of official duties.
(c) Subsection (a) of this section does not apply to
waterfowl hunting on any reservoir owned, operated, or maintained
by a governmental entity now existing or to be constructed on said
rivers.
Added by Acts 1977, 65th Leg., p. 2072, ch. 823, § 2, eff. Aug.
29, 1977.
§ 82.723. PENALTY. A person who violates Section 82.722
of this code commits an offense that is a Class C Parks and Wildlife
Code misdemeanor.
Added by Acts 1977, 65th Leg., p. 2072, ch. 823, § 2, eff. Aug.
29, 1977. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, §
102, eff. Sept. 1, 1985.
SUBCHAPTER L. BEE COUNTY RIVERS SANCTUARY
§ 82.731. CREATION. All of the land area and water in
the Aransas and Poesta rivers in Bee County, to the extent same are
owned by the state, are declared to be a game sanctuary.
Added by Acts 1981, 67th Leg., p. 2080, ch. 471, § 1, eff. Aug.
31, 1981.
§ 82.732. PROHIBITED ACTS. (a) Except as permitted by
Subsections (b) and (c) of this section, no person may possess,
shoot, or hunt with a firearm, bow and arrow, or crossbow in the
game sanctuary created by Section 82.731 of this code.
(b) Subsection (a) of this section does not apply to a peace
officer of this state, a law enforcement officer of the United
States, or a member of the armed forces of the United States or of
this state during the time that the officer or member is in the
actual discharge of official duties.
(c) Subsection (a) of this section does not apply to
waterfowl hunting on any reservoir owned, operated, or maintained
by a governmental entity now existing or to be constructed on the
listed rivers.
Added by Acts 1981, 67th Leg., p. 2080, ch. 471, § 1, eff. Aug.
31, 1981.
§ 82.733. PENALTY. A person who violates Section 82.732
of this code commits an offense that is a Class C Parks and Wildlife
Code misdemeanor.
Added by Acts 1981, 67th Leg., p. 2080, ch. 471, § 1, eff. Aug.
31, 1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, §
103, eff. Sept. 1, 1985.
SUBCHAPTER O. LIVE OAK COUNTY RIVERS SANCTUARY
§ 82.761. CREATION. All of the land area and public
water in the state-owned beds of the Nueces, Frio, and Atascosa
rivers in Live Oak County is a game sanctuary.
Added by Acts 1979, 66th Leg., p. 2083, ch. 814, § 1, eff. Aug.
27, 1979.
§ 82.762. PROHIBITED ACTS. (a) Except as permitted by
Subsections (b) and (c) of this section, no person may possess,
shoot, or hunt with a firearm, bow and arrow, or crossbow in the
game sanctuary created by Section 82.761 of this code.
(b) Subsection (a) of this section does not apply to a peace
officer of this state, a law enforcement officer of the United
States, or a member of the armed forces of the United States or of
this state during the time that the officer or member is in the
actual discharge of official duties.
(c) Subsection (a) of this section does not apply to
waterfowl hunting on any reservoir owned, operated, or maintained
by a governmental entity now existing or to be constructed on the
listed rivers.
Added by Acts 1979, 66th Leg., p. 2083, ch. 814, § 1, eff. Aug.
27, 1979.
§ 82.763. PENALTY. A person who violates Section 82.762
of this code commits an offense that is a Class C Parks and Wildlife
Code misdemeanor.
Added by Acts 1979, 66th Leg., p. 2083, ch. 814, § 1, eff. Aug.
27, 1979. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, §
104, eff. Sept. 1, 1985.
