CHAPTER 43. SPECIAL LICENSES AND PERMITS

PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE A. HUNTING AND FISHING LICENSES

CHAPTER 43. SPECIAL LICENSES AND PERMITS

SUBCHAPTER C. PERMITS FOR SCIENTIFIC RESEARCH, ZOOLOGICAL

COLLECTION, REHABILITATION, AND EDUCATIONAL DISPLAY

Sec. 43.021. PROTECTED WILDLIFE. In this subchapter, "protected

wildlife" means all indigenous mammals, indigenous birds,

indigenous reptiles, indigenous amphibians, indigenous fish, and

other indigenous aquatic life the taking, collecting, holding,

possession, propagation, release, display, or transport of which

is governed by a provision of this code other than this

subchapter or by a commission rule adopted under any provision of

this code other than this subchapter and includes endangered

species.

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

1975. Amended by Acts 1995, 74th Leg., ch. 927, Sec. 2, eff. Dec.

1, 1995.

Sec. 43.022. PERMIT REQUIREMENT. (a) No person may collect,

hold, possess, display, transport, release, or propagate

protected wildlife for the purposes of this subchapter without a

permit issued under this subchapter.

(b) A permit under this subchapter is not required for an

activity that may be lawfully conducted under the authority of

another license or permit issued under this code or in accordance

with another provision of this code.

(c) No other license is required for an activity conducted under

the authority of a permit issued under this subchapter.

(d) A permit under this subchapter is not required to hold,

transport, propagate, or display a marine mammal held under the

authority of the federal Marine Mammal Protection Act (16 U.S.C.

Section 1361 et seq.) unless the marine mammal is:

(1) a marine mammal for which the department has been delegated

management authority under Section 1379 of the Marine Mammal

Protection Act (16 U.S.C. Section 1379); or

(2) a marine mammal listed under the federal Endangered Species

Act (16 U.S.C. Section 1531 et seq.).

(e) The department may issue a permit to a qualified person to

collect, hold, possess, display, transport, release, or propagate

protected wildlife for scientific research, educational display,

zoological collection, or rehabilitation. A permit may not be

issued to propagate protected wildlife for rehabilitation or

educational display.

(f) The commission shall adopt rules to govern the collecting,

holding, possession, propagation, release, display, or transport

of protected wildlife for scientific research, educational

display, zoological collection, or rehabilitation.

(g) The commission by rule may set fees for review of permit

applications, inspections, transportation and boarding of seized

animals, laboratory analysis, or other department actions

necessary for implementation of this subchapter.

(h) The commission by rule may exempt certain categories of

activities from the permitting and fee requirements of or

established under this subchapter if those activities are

determined to provide a public benefit and do not adversely

affect a protected wildlife resource.

(i) A permit authorized by this subchapter may be issued by the

director or the director's designee.

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

1975. Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 2, eff.

Sept. 1, 1991; Acts 1995, 74th Leg., ch. 927, Sec. 3, eff. Dec.

1, 1995.

Sec. 43.024. DISPOSITION OF PROTECTED WILDLIFE. (a) All

protected wildlife collected and subsequently held under this

subchapter or rules adopted under this subchapter remain the

property of the state and shall be relinquished to the department

or an agent of the department on demand or otherwise disposed of

in a manner prescribed by the department.

(b) No permit may be issued for the taking or transportation of

any endangered fish or wildlife the possession, taking, or

transportation of which is prohibited by federal law.

(c) A permit issued for the taking of migratory birds is not

valid unless the applicant has obtained a federal permit for the

taking of migratory birds.

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

1975. Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 3, eff.

Sept. 1, 1991; Acts 1995, 74th Leg., ch. 927, Sec. 4, eff. Dec.

1, 1995.

Sec. 43.028. CIVIL SUIT; INJUNCTIVE RELIEF; COSTS. (a) The

department, on the approval of the director or commission, may

authorize the filing and prosecution of a civil suit to enforce

this subchapter or a rule adopted under this subchapter.

(b) On finding of a violation of this subchapter or a rule

adopted under this subchapter, a court may assess a civil penalty

in addition to providing injunctive relief. The penalty may not

exceed $1,000 for each violation. Each day of violation is a

separate offense. A civil suit filed under this subchapter is not

a bar to any criminal or administrative action.

(c) On entry of a judgment in favor of the department, the court

may award attorney's fees and court costs to the state.

Added by Acts 1995, 74th Leg., ch. 927, Sec. 5, eff. Dec. 1,

1995.

Sec. 43.030. PENALTY. A person who violates Section 43.022, a

commission rule, or the conditions of a permit issued under this

subchapter commits an offense that is a Class C Parks and

Wildlife Code misdemeanor.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 18,

eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 927, Sec. 6, eff.

Dec. 1, 1995.

SUBCHAPTER D. HUNTING LEASE LICENSES

Sec. 43.041. DEFINITIONS. In this subchapter:

(1) "Hunting cooperative" means a cooperative enterprise in

which participating landowners pool their acreage and lease it

for hunting purposes under the authority of a hunting lease

license and in which the leasing profits are distributed to the

landowners according to the landowners' participation.

(2) "Hunting lease" means the aggregate amount of land owned by

one individual, partnership, firm, or corporation or the

aggregate amount of land in a hunting cooperative in a county and

leased for hunting purposes. If an individual, partnership, firm,

or corporation owns a single tract of land, or if a hunting

cooperative has land, located partially in one county and

partially in another county, the individual, partnership, firm,

or corporation or the hunting cooperative may not be required to

have a separate hunting lease license for that portion of the

land located in the second county, unless the individual,

partnership, firm, or corporation, or a landowner participating

in the hunting cooperative, owns other land leased for hunting

purposes in the second county. If an individual, partnership,

firm, or corporation owns a single tract of land, or if a hunting

cooperative has land, located partially in one county and

partially in another county and the individual, partnership,

firm, or corporation or the hunting cooperative is not required

to have two licenses, the aggregate acreage of the tract shall be

used for determining the amount of the license fee required by

this subchapter.

(3) "Licensee" means:

(A) a person who owns the land, or manages a hunting cooperative

that has land, on which a hunting lease is located; or

(B) an individual listed on the license application as the

landowner's agent who holds a hunting lease license.

(4) "Guest" means a person, other than a licensee, who hunts or

takes an animal or bird on a hunting lease.

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

1975. Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3,

eff. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 267, art. 3, Sec.

19, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 512, Sec. 1,

eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 856, Sec. 1, eff.

Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, Sec. 15.02, eff.

Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 805, Sec. 1, eff. Sept.

1, 1991.

Sec. 43.042. LICENSE REQUIRED. (a) The owner of a hunting

lease or the landowner's agent may not receive as a guest for pay

or other consideration another person engaged in hunting unless

the owner or agent has acquired a hunting lease license from the

department.

(b) The license shall be displayed on the hunting lease.

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

1975. Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3,

eff. Sept. 1, 1975; Acts 1989, 71st Leg., ch. 512, Sec. 1, eff.

Sept. 1, 1989.

Sec. 43.043. ISSUANCE OF LICENSE. The department may issue a

hunting lease license only in the name of the owner of a hunting

lease or the name of the landowner's agent.

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

1975. Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3,

eff. Sept. 1, 1975; Acts 1989, 71st Leg., ch. 512, Sec. 1, eff.

Sept. 1, 1989.

Sec. 43.0431. APPLICATION FOR LICENSE. (a) The department may

require an application for a license and may prescribe the form

and content of the application.

(b) A written agreement containing the name, signature, address,

and number of acres for each participating landowner included in

a hunting cooperative must be attached to the application for a

hunting lease license for a hunting lease that is a hunting

cooperative.

Added by Acts 1989, 71st Leg., ch. 512, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 805, Sec. 2, eff.

Sept. 1, 1991.

Sec. 43.0432. WILDLIFE MANAGEMENT ASSOCIATION AREA HUNTING LEASE

LICENSES. (a) The owner of a tract of land included in a

wildlife management association area under Section 81.301 of this

code may apply for a wildlife management association area hunting

lease license for that tract of land.

(b) A wildlife management association area hunting lease license

applies only to the tract of land for which it is issued.

(c) Except as inconsistent with this section, this subchapter

applies to a wildlife management association area hunting lease

license in the same manner that it applies to a hunting lease

license.

Added by Acts 1993, 73rd Leg., ch. 418, Sec. 1, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 635, Sec. 4, eff. Sept. 1, 1993.

Sec. 43.044. LICENSE FEES. (a) The fees for hunting lease

licenses, other than hunting leases that are hunting

cooperatives, are determined by the following schedule or

determined by the commission, whichever amount is more:

(1) $15 if the area of the hunting lease is less than 500 acres;

(2) $40 if the area of the hunting lease is 500 acres or more

but less than 1,000 acres; and

(3) $60 if the area of the hunting lease is 1,000 acres or more.

(b) The fee for a license for a hunting lease that is a hunting

cooperative is as follows:

(1) $60 + $5 per participating landowner if the area of the

hunting lease is less than 10,000 acres;

(2) $120 + $5 per participating landowner if the area of the

hunting lease is between 10,000 and 50,000 acres; and

(3) $240 + $5 per participating landowner if the area of the

hunting lease is over 50,000 acres.

(c) The fee for a wildlife management association area hunting

lease license is:

(1) $30 + $5 per participating landowner if the area of the

wildlife management association is less than 10,000 acres;

(2) $60 + $5 per participating landowner if the area of the

wildlife management association is between 10,000 and 50,000

acres; and

(3) $120 + $5 per participating landowner if the area of the

wildlife management association is over 50,000 acres.

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

1975. Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3,

eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 1329, ch. 277, Sec.

12, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2,

Sec. 22, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 512, Sec.

1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 856, Sec. 2,

eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, Sec. 15.03,

eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 805, Sec. 3 eff.

Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 418, Sec. 2, eff. Sept.

1, 1993; Acts 1993, 73rd Leg., ch. 635, Sec. 5, eff. Sept. 1,

1993.

Sec. 43.045. DURATION OF LICENSE. A hunting lease license is

valid for the period from September 1 or another date set by the

commission through August 31 of the next year or another date set

by the commission. 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 subchapter 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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 3,

eff. Sept. 1, 1975; Acts 1989, 71st Leg., ch. 512, Sec. 1, eff.

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 931, Sec. 20, eff. June

16, 1995.

Sec. 43.055. PENALTY. A person who violates any provision of

this subchapter or who fails to comply with 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, Sec. 1, eff. Sept. 1,

1975. Renumbered from Sec. 43.057 and amended by Acts 1975, 64th

Leg., p. 1204, ch. 456, Sec. 3, eff. Sept. 1, 1975. Amended by

Acts 1977, 65th Leg., p. 813, ch. 303, Sec. 2, eff. Aug. 29,

1977; Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 21, eff. Sept.

1, 1985; Acts 1989, 71st Leg., ch. 512, Sec. 1, eff. Sept. 1,

1989.

SUBCHAPTER E. PERMITS FOR TRAPPING, TRANSPORTING, AND

TRANSPLANTING GAME ANIMALS AND GAME BIRDS

Sec. 43.061. TRAPPING, TRANSPORTING, AND TRANSPLANTING GAME

ANIMALS AND GAME BIRDS; PERMIT REQUIRED. (a) No person may

capture, transport, or transplant any game animal or game bird

from the wild in this state unless that person has obtained a

permit to trap, transport, and transplant from the department.

(b) The department may issue permits for trapping, transporting,

and transplanting game animals or game birds from the wild to

allow adjustments in game populations for better wildlife

management. The permits may be issued only if recommended by

separate wildlife stocking plans approved by the department for

both the origin and the destination of the game animals or game

birds.

(c) The state is not liable for and may not incur any expense

for the trapping, transporting, and transplanting of game animals

and game birds under a permit issued under this section.

(d) A person receiving a permit under this section commits an

offense if that person does not comply with the conditions listed

on the permit, including conditions designed to minimize stress

and maximize the humane treatment of trapped or transplanted

animals and to minimize human health and safety risks.

(e) This section does not apply to any game animals or game

birds that are possessed or propagated under a license or permit

issued for that activity under another section of this code or to

an activity conducted under a permit issued under Section

43.0611.

(f) The commission by rule may set fees for review of permit

applications or other department actions necessary to implement

this section. If the permit authorizes the applicant to trap,

transport, and transplant squirrels that are causing damage to

personal property, the applicant is exempt from the payment of

the fee.

(g) The commission shall adopt rules for the content of wildlife

stocking plans, certification of wildlife trappers, and the

trapping, transporting, and transplanting of game animals and

game birds under this subchapter.

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

1975. Amended by Acts 1995, 74th Leg., ch. 927, Sec. 8, eff. Dec.

1, 1995.

Sec. 43.0611. URBAN WHITE-TAILED DEER REMOVAL; PERMIT REQUIRED.

(a) The department may issue to an individual an urban

white-tailed deer removal permit for the trapping, transporting,

and transplanting of white-tailed deer if the individual shows to

the department's satisfaction that:

(1) there is an overpopulation of the deer in an area where deer

hunting is inadequate, because of human health or safety

concerns, for maintaining a balanced population of deer;

(2) the deer will be removed and transplanted to an area of

adaptable natural habitat capable of sustaining the additional

deer without exceeding the capacity of the habitat; and

(3) the deer will be subject to lawful hunting after the

relocation.

(b) The state is not liable for and may not incur any expense

for the trapping, transporting, and transplanting of white-tailed

deer under a permit issued under this section.

(c) The commission by rule may set fees for review of permit

applications or other department actions necessary to implement

this section. If the permit authorizes the applicant to remove

white-tailed deer only from property owned by a political

subdivision or institution of higher education of this state, the

applicant is exempt from the payment of the fee.

(d) A person holding a permit issued under this section commits

an offense if that person does not comply with conditions listed

on the permit, including conditions designed to minimize stress

and maximize the humane treatment of trapped or transplanted

animals and that minimize human health and safety risks.

(e) The department may establish times when only department

staff may trap, transport, or transplant deer under this section.

(f) Permits issued under this section do not entitle a person to

take, trap, or possess white-tailed deer on any privately owned

land without the landowner's written permission.

(g) The commission shall adopt rules for fees, applications, and

activities, including limitations on the times of the activities,

relating to permits for trapping, transporting, or transplanting

white-tailed deer.

Added by Acts 1995, 74th Leg., ch. 927, Sec. 9, eff. Dec. 1,

1995.

Sec. 43.0612. TRAPPING AND TRANSPORTING SURPLUS WHITE-TAILED

DEER; PERMIT REQUIRED. (a) In this section, "property owners'

association" has the meaning assigned by Section 202.001,

Property Code.

(b) The department may issue to a political subdivision or a

property owners' association a permit authorizing the trapping

and transporting of surplus white-tailed deer found within the

boundaries of the political subdivision or the geographic area in

which property subject to the property owners' association is

located.

(c) Not later than the 30th day before the date of the first

planned trapping and transporting of white-tailed deer, a

political subdivision or a property owners' association shall

file with the department an application showing that an

overpopulation of white-tailed deer exists within the political

subdivision or the geographic area in which property subject to

the property owners' association is located. If the department

issues a permit to a requesting political subdivision or property

owners' association the permit shall contain specific

instructions detailing the location to which the trapped

white-tailed deer are to be transported or transplanted.

(d) After receipt of an application, the department may issue to

the political subdivision or property owners' association a

permit specifying:

(1) the location to which trapped white-tailed deer must be

transported; and

(2) the purpose for which the trapped deer are to be used.

(e) The department may deny a political subdivision or a

property owners' association a permit if no suitable destination

for the trapped white-tailed deer exists.

(f) A political subdivision or property owners' association

trapping and transporting white-tailed deer under this section

must make reasonable efforts to ensure:

(1) safe and humane handling of trapped white-tailed deer; and

(2) minimization of human health and safety hazards in every

phase of the trapping and transporting of white-tailed deer.

(g) A permit issued under this section may authorize a political

subdivision or a property owners' association to trap and

transport white-tailed deer only between October 1 of a year and

March 31 of the following year, unless white-tailed deer found in

the political subdivision or in the geographic area in which

property subject to the property owners' association is located

pose a threat to human health or safety, in which case the

provision of Subsection (e) does not apply and a permit may

authorize the political subdivision or property owners'

association to trap and transport white-tailed deer at any time

of the year.

(h) A permit issued under this section does not entitle a person

to take, trap, or possess white-tailed deer found on any

privately owned land without the landowner's written permission.

(i) The state is not liable for and may not incur any expense

for the trapping and transporting of white-tailed deer under a

permit issued under this section.

(j) The department may not charge a fee for a white-tailed deer

trapping and transporting permit issued under this section.

(k) The commission may adopt rules necessary for the

implementation of this chapter, including rules which enhance the

opportunity to relocate overpopulation of urban deer and relating

to required notification, record-keeping, permit conditions, and

the disposition of trapped white-tailed deer.

Added by Acts 2003, 78th Leg., ch. 1241, Sec. 1, eff. Sept. 1,

2003.

Sec. 43.062. PENALTY. A person who violates any provision of

this subchapter or the terms of a permit issued under this

subchapter commits an offense that is a Class B Parks and

Wildlife Code misdemeanor.

Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 22, eff.

Sept. 1, 1985.

SUBCHAPTER F. PRIVATE BIRD HUNTING AREAS

Sec. 43.071. DEFINITIONS. In this subchapter:

(1) "Private bird hunting area" means a tract of land on which

the hunting or taking of pen-reared birds is authorized under

this subchapter.

(2) "Licensee" means a person who holds a private bird hunting

area license.

(3) "Guest" means a person other than a licensee who hunts or

takes birds on a private bird hunting area.

(4) "Field trial" means the hunting of banded pen-reared birds

in a formal trial of bird dogs that has been licensed or

sanctioned by an organization or association of bird dog clubs,

with or without the awarding of points.

(5) "Pen-reared birds" means bobwhite quail, pheasant, pigeons,

partridge, and mallard ducks propagated or acquired under Chapter

45 of this code.

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

1975. Amended by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff.

Sept. 1, 1989; Acts 1990, 71st Leg., 6th C.S., ch. 22, Sec. 1,

eff. Nov. 1, 1990.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 11, eff. September 1, 2009.

Sec. 43.072. APPLICATION FOR LICENSE. (a) Any person may apply

to the department for a private bird hunting area license.

(b) The application for a private bird hunting area license must

be on a form supplied by the department and must include:

(1) the name and address of the applicant;

(2) the total number of contiguous acres to be licensed;

(3) the name and general location of the property; and

(4) the species of pen-reared birds to be hunted.

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

1975. Amended by Acts 1983, 68th Leg., p. 1330, ch. 277, Sec. 13,

eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.

23, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 512, Sec. 2,

eff. Sept. 1, 1989.

Sec. 43.0721. LICENSE REQUIRED. (a) No person may release

banded pen-reared birds under this subchapter unless the person

holds a valid private bird hunting area license.

(b) The license must be displayed on the private bird hunting

area.

(c) A person is not required to hold a hunting lease license

issued under Subchapter D to hunt banded pen-reared birds

released under the authority of this subchapter.

Added by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 171, Sec. 1, eff.

Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1256, Sec. 32, eff.

Sept. 1, 1997.

Sec. 43.0722. ISSUANCE OF LICENSE; FEE; VALIDITY. (a) The

department may issue a license for a private bird hunting area

under this subchapter.

(b) The license shall be issued in the name of a person.

(c) The fee for a private bird hunting area license is $60 or an

amount set by the commission, whichever amount is more.

(d) The department may not issue more than one private bird

hunting area license for a single tract of land.

(e) A private bird hunting area license is valid only for the

tract of land for which it is issued.

(f) The private bird hunting area license is valid from

September 1 or another date set by the commission through August

31 of the next year or another date set by the commission. 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 subchapter and provide for a license term for

a transition period that is shorter or longer than a year.

Added by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 22, eff.

June 16, 1995.

Sec. 43.073. AREA LIMITATIONS AND MARKINGS. (a) A private bird

hunting area must consist of contiguous acreage owned by an

individual, partnership, firm, or corporation.

(b) A private bird hunting area shall be distinguished from any

other club, hunting lease, or other leased premises for hunting

purposes by clearly marking its boundaries with wood, plastic, or

metal signs bearing the words, "Private Bird Hunting Area," and

the identification number. The lettering and identification

number on these signs must be in block letters and arabic numbers

not less than three inches high, and must be in a color that

contrasts with the background.

(c) Signs must be placed at each entrance to a private bird

hunting area to identify clearly the boundaries of each licensed

area.

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

1975. Amended by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff.

Sept. 1, 1989.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 8, eff. June 18, 2005.

Acts 2005, 79th Leg., Ch.

992, Sec. 9, eff. June 18, 2005.

Sec. 43.074. TAKING OF PEN-REARED BIRDS AUTHORIZED. (a) A

licensee or a guest may take banded pen-reared birds on a

licensed private bird hunting area during the private bird

hunting area season.

(b) The private bird hunting area season begins each September 1

and extends through the following August 31.

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

1975. Amended by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff.

Sept. 1, 1989.

Sec. 43.075. GAME BIRDS IN CAPTIVITY; BANDING. (a) A licensee

may hold pen-reared birds in captivity on the private bird

hunting area only for release to provide hunting.

(b) All pen-reared birds released on a private bird hunting area

shall be banded with a metal or plastic band before release.

(c) Each band must show the identification number of the

licensee.

(d) The band must remain on each bird killed until the bird is

taken to the permanent residence of the hunter, the permanent

residence of another person receiving the bird, or a cold storage

or processing facility unless the name and identification number

of the licensee has been stamped or printed on the box, wrapping,

or package containing the carcass of a bird that has been

processed and possessed, shipped, or transported without the band

attached.

(e) This subchapter may not be construed to exempt the holder of

a private bird hunting area license from the requirement of a

commercial game bird breeder's license if the pen-reared birds

are propagated on the licensed area.

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

1975. Amended by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff.

Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1256, Sec. 33, eff.

Sept. 1, 1997.

Sec. 43.076. LICENSE FORM. A private bird hunting area license

must be on a form prescribed by the department.

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

1975. Amended by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff.

Sept. 1, 1989.

Sec. 43.0762. REGULATIONS. The commission may adopt regulations

necessary to administer this subchapter, including any provision,

limitation, or prohibition necessary to manage and protect game

birds occurring naturally in the wild.

Added by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff. Sept. 1,

1989.

Sec. 43.0763. APPLICATION FOR FIELD TRIAL PERMIT. (a) Any

person, including a licensee, may apply to the department for a

field trial permit.

(b) The application must be on a form prescribed by the

department and must contain the following information:

(1) name and address of the applicant;

(2) name, address, and identification number of the licensee for

the private bird hunting area at which the field trial is to be

held;

(3) the species of birds to be used in the field trial; and

(4) the name of the association or organization of bird dog

clubs licensing or sanctioning the field trial.

(c) Repealed by Acts 1991, 72nd Leg., ch. 171, Sec. 2, eff.

Sept. 1, 1991.

Added by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 171, Sec. 2, eff.

Sept. 1, 1991.

Sec. 43.0764. FIELD TRIAL PERMIT; FEE; VALIDITY. (a) No

person, club, or organization may hold a field trial unless that

person, club, or organization has in its immediate possession a

valid field trial permit issued by the department.

(b) The fee for a field trial permit is $50 or an amount set by

the commission, whichever amount is more.

(c) A field trial permit shall be issued in the name of an

individual.

(d) A field trial permit is valid for a period of nine

consecutive days.

(e) A field trial permit is not valid for a tract of land or

premises that is not licensed as a private bird hunting area.

Added by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff. Sept. 1,

1989.

Sec. 43.077. PENALTY. A person who violates any provision of

this subchapter or a regulation of the commission under this

subchapter commits an offense that is a Class C Parks and

Wildlife Code misdemeanor.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 23,

eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 512, Sec. 2, eff.

Sept. 1, 1989.

Sec. 43.078. HUNTING LICENSE REQUIRED. (a) Except as provided

by Subsection (b) of this section, this subchapter does not

authorize any person to hunt pen-reared birds on a licensed

private bird hunting area without having in the person's

immediate possession a hunting license required by Chapter 42 of

this code.

(b) A person registered to participate in a field trial held

under a field trial permit issued by the department is exempt,

for the field trial, from the hunting license requirements of

Chapter 42 of this code.

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

1975. Amended by Acts 1989, 71st Leg., ch. 512, Sec. 2, eff.

Sept. 1, 1989.

SUBCHAPTER G. PERMITS TO MANAGE WILDLIFE AND EXOTIC ANIMALS FROM

AIRCRAFT

Sec. 43.101. APPLICABILITY OF SUBCHAPTER. This subchapter and a

proclamation or regulation of the commission adopted under this

subchapter apply to all counties of the state.

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

1975. Amended by Acts 1975, 64th Leg., p. 1222, ch. 456, Sec. 23,

eff. Sept. 1, 1975; Acts 1977, 65th Leg., p. 568, ch. 202, Sec.

1, eff. May 20, 1977; Acts 1979, 66th Leg., p. 255, ch. 133, Sec.

1, eff. May 9, 1979; Acts 1979, 66th Leg., p. 784, ch. 346, Sec.

1, eff. June 6, 1979; Acts 1981, 67th Leg., p. 936, ch. 351, Sec.

1, eff. June 10, 1981; Acts 1983, 68th Leg., p. 4706, ch. 819,

Sec. 1, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 730, Sec.

1, eff. Aug. 26, 1985; Acts 1989, 71st Leg., ch. 545, Sec. 1,

eff. Sept. 1, 1989.

Sec. 43.102. PERMIT AUTHORIZED. Under Public Law 92-159,

Section (b)(1) (85 Stat. 480, 16 U.S.C. 742j-1), the department

may issue permits for the management of wildlife and exotic

animals by the use of aircraft in this state.

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

1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 2, eff. Sept.

1, 1995.

Sec. 43.103. DEFINITIONS. In this subchapter:

(1) "Aircraft" means a mechanical or other device used for

flight in the air.

(2) "Depredating animals" means bobcats, feral hogs, red foxes,

coyotes, and crossbreeds between coyotes and dogs but does not

include birds or fowl.

(3) "Exotic animals" includes exotic livestock and exotic fowl

as defined by Section 161.001(a), Agriculture Code, wild animals

that are nonindigenous to Texas, aoudad sheep, and elk.

(4) "Harass" means to disturb, worry, molest, harry, torment,

rally, concentrate, drive, or herd.

(5) "Management by the use of aircraft" means counting,

photographing, relocating, capturing, or hunting by the use of

aircraft.

(6) "Wildlife" means any vertebrate species or their hybrids

that normally live in a state of nature and are not ordinarily

domesticated. This definition includes depredating animals.

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

1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.

Sept. 1, 1989; Acts 1990, 71st Leg., 6th C.S., ch. 22, Sec. 2,

eff. Nov. 1, 1990. Amended by Acts 1991, 72nd Leg., ch. 424, Sec.

1, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 969, Sec. 3,

eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 863, Sec. 2, eff.

Sept. 1, 1997.

Sec. 43.104. GROUNDS TO ISSUE PERMIT. The department may issue

a permit to any person if the department finds that management of

wildlife or exotic animals by the use of aircraft is necessary to

protect or to aid in the administration or protection of land,

water, wildlife, livestock, domesticated animals, human life, or

crops and will not have a deleterious effect on indigenous

species.

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

1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 4, eff. Sept.

1, 1995.

Sec. 43.105. APPLICATION FOR PERMIT. (a) An applicant for a

permit under this subchapter shall file with the application one

or more affidavits, containing facts as well as opinion, as to

why the permit should be issued for the management of wildlife or

exotic animals by the use of aircraft.

(b) A permit holder under this subchapter must submit a

landowner's authorization to manage wildlife or exotic animals to

the department identifying the land to be managed and stating the

kind and number of wildlife or exotic animals to be managed. The

landowner's authorization may be submitted by a group of

landowners or by an association on behalf of such landowners.

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

1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 5, eff. Sept.

1, 1995.

Sec. 43.106. FORM AND PERIOD OF VALIDITY OF PERMIT; RENEWAL.

(a) The department shall prescribe the form and manner of

issuance of, and periods of validity and renewal dates for,

permits and landowner's authorizations authorized by this

subchapter.

(b) A landowner agreement application to manage wildlife or

exotic animals may be approved by the department for the time

period required to complete the management activity but not for

less than one year.

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

1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 6, eff. Sept.

1, 1995.

Sec. 43.107. REPORTS REQUIRED. (a) The holder of a permit

under this subchapter shall report to the department in the time

and manner required by commission proclamation.

(b) An offense under this section may be prosecuted in the

county in which the defendant resides or in the county where the

offense took place.

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

1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 7, eff. Sept.

1, 1995.

Sec. 43.108. REPORTS BY DEPARTMENT. The department shall report

annually to the Secretary of the Interior of the United States as

required by federal law.

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

1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.

Sept. 1, 1989.

Sec. 43.109. REGULATIONS. (a) The commission may make

regulations governing management of wildlife or exotic animals by

the use of aircraft under this subchapter.

(b) A proclamation or regulation of the commission adopted under

this subchapter may:

(1) prescribe forms and procedures for permit applications;

(2) establish procedures for the management of wildlife or

exotic animals by the use of aircraft;

(3) limit the time and the place for which a permit is valid;

(4) prohibit acts; and

(5) require, limit, or prohibit any activity as necessary to

implement this subchapter.

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

1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 8, eff. Sept.

1, 1995.

Sec. 43.1095. PROHIBITED ACTS. (a) For purposes of this

subchapter, a person commits an offense if that person:

(1) hunts or kills, or attempts to hunt or kill, from an

aircraft any animal or bird that is not specifically authorized

by a permit issued under this subchapter;

(2) uses an aircraft to manage wildlife or exotic animals

without first obtaining and having in the person's immediate

possession a permit and a landowner's authorization for the

management of wildlife or exotic animals by the use of aircraft;

or

(3) uses an aircraft to harass wildlife, exotic animals, or any

other animal or bird.

(b) It is a defense to prosecution for harassment of wildlife or

exotic animals under this section if the person is engaged in the

activity of counting, photographing, relocating, capturing, or

hunting wildlife or exotic animals under the authority of a

permit under this subchapter.

(c) Nothing in this chapter authorizes a person to hunt any

animal or bird from an aircraft for sport.

Added by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 969, Sec. 9, eff.

Sept. 1, 1995.

Sec. 43.110. PERMIT FEE. The commission shall set a fee for a

permit that authorizes the management of wildlife or exotic

animals by the use of aircraft.

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

1975. Amended by Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 10, eff. Sept.

1, 1995.

Sec. 43.111. PENALTY. (a) Except as otherwise provided by this

section, a person who violates any provision of this subchapter

or a proclamation or regulation adopted under this subchapter

commits an offense that is a Class A Parks and Wildlife Code

misdemeanor.

(b) A person who violates Section 43.107 commits an offense that

is a Class C Parks and Wildlife Code misdemeanor.

(c) If it is shown at the trial of the defendant for a violation

of this subchapter or a proclamation or regulation adopted under

this subchapter that the defendant has been convicted of a Class

A Parks and Wildlife Code misdemeanor violation of this

subchapter within 10 years preceding the trial date, on

conviction the defendant shall be punished for a Parks and

Wildlife Code felony. This subsection does not apply if the

previous conviction was for a violation of Section 43.107.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 24,

eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 545, Sec. 1, eff.

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 969, Sec. 11, eff. Sept.

1, 1995.

SUBCHAPTER H. PERMITS TO CONTROL WILDLIFE PROTECTED BY THIS CODE

Sec. 43.151. THREATS TO PUBLIC SAFETY OR DAMAGE BY WILDLIFE. A

person who has evidence clearly showing that wildlife protected

by this code is causing serious damage to commercial

agricultural, horticultural, or aquicultural interests, or is a

threat to public safety, and who desires to kill the protected

wildlife shall give written notice of the facts to the

department.

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

1975. Amended by Acts 1987, 70th Leg., ch. 610, Sec. 1, eff.

Sept. 1, 1987; Acts 2001, 77th Leg., ch. 968, Sec. 38, eff. Sept.

1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

251, Sec. 1, eff. May 29, 2009.

Sec. 43.1515. RULES. The commission may adopt rules to

implement this subchapter, including rules governing:

(1) reports that must be submitted to the department by a person

who holds a permit issued by the department under this

subchapter;

(2) the reinstatement of a canceled permit and a fee for the

reinstatement;

(3) the possession of wildlife resources taken or held under

this subchapter;

(4) the circumstances required to qualify for a permit; and

(5) the electronic issuance of permits.

Added by Acts 2009, 81st Leg., R.S., Ch.

251, Sec. 2, eff. May 29, 2009.

Sec. 43.152. DEPARTMENT INSPECTION. (a) On receiving notice

from a person under Section 43.151, the department may inspect

the property and determine if damage or a threat to public safety

is occurring as alleged in the notice.

(b) If the notice received by the department under Section

43.151 alleges damage or a threat to public safety caused by mule

deer, pronghorn antelope, or desert bighorn sheep, the department

may not issue a permit under Section 43.154 unless the department

inspects the property and determines whether serious damage or a

threat to public safety is occurring.

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

1975. Amended by Acts 1987, 70th Leg., ch. 610, Sec. 1, eff.

Sept. 1, 1987; Acts 2001, 77th Leg., ch. 968, Sec. 39, eff. Sept.

1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

251, Sec. 3, eff. May 29, 2009.

Sec. 43.153. APPLICATION FOR PERMIT. (a) A person who has

evidence of damage by depredation or threat to public safety may

file with the department an application for a permit to kill the

protected wildlife.

(b) The application must be in writing, be sworn to by the

applicant, and contain:

(1) a statement of facts relating to the damage or threat; and

(2) an agreement by the applicant to comply with the provisions

of this subchapter and any rules adopted by the commission under

this subchapter.

(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 251, Sec. 10,

eff. May 29, 2009.

(d) The application must be accompanied by a permit application

fee of $50 or an amount set by the commission, whichever amount

is more. Proceeds from the fee shall be deposited in the special

game, fish, and water safety account.

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

1975. Amended by Acts 1987, 70th Leg., ch. 610, Sec. 1, eff.

Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

251, Sec. 4, eff. May 29, 2009.

Acts 2009, 81st Leg., R.S., Ch.

251, Sec. 10, eff. May 29, 2009.

Sec. 43.154. PERMIT. (a) On receipt of an application, the

department may issue a permit for the killing of wildlife without

regard to the closed season, bag limit, or means and methods. As

soon as practicable, but not later than the 10th business day

after the date the department receives an application, the

department shall approve or deny the application and, if the

application is approved, issue the permit.

(a-1) The department may not issue a permit under this section

for the killing of mule deer, pronghorn antelope, or desert

bighorn sheep unless:

(1) the department has inspected the property and has verified

that serious damage or a threat to public safety as described in

the notice under Section 43.151 is occurring;

(2) the department has made recommendations to the applicant

regarding ways to minimize the damage or threat; and

(3) the applicant has made a reasonable effort to comply with

the recommendations made by the department under this section.

(b) The department shall deliver or mail the permit, if issued,

to the person requesting the permit or to the regional or local

office of the department for pickup by the person. The

department may issue the permit electronically.

(c) A permit must specify:

(1) the period of time during which it is valid;

(2) the area in which it applies;

(3) the kind and number of wildlife authorized to be killed; and

(4) the persons permitted to kill the noxious wildlife.

(d) No state permit is required to authorize a person to kill

migratory birds protected by the Federal Migratory Bird Treaty

Act if the person has obtained a permit authorizing that activity

from the United States Department of the Interior or the United

States Department of Agriculture.

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

1975. Amended by Acts 1987, 70th Leg., ch. 610, Sec. 1, eff.

Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1256, Sec. 34, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 968, Sec. 40, eff. Sept.

1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

251, Sec. 5, eff. May 29, 2009.

Sec. 43.155. DISPOSITION OF WILDLIFE. (a) The holder of a

permit issued under this subchapter or a person designated by

Section 43.154(c)(4) who kills wildlife under the authority of

the permit shall dispose of the carcass by donating it to a

charitable institution, a hospital, a needy person, or any other

appropriate recipient.

(b) The permit holder or a person designated under Section

43.154(c)(4) may not keep or sell any part of the wildlife taken

under this subchapter, including antlers.

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

1975. Amended by Acts 1987, 70th Leg., ch. 610, Sec. 1, eff.

Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

251, Sec. 6, eff. May 29, 2009.

Sec. 43.156. CANCELLATION OF PERMIT. The department may cancel

a permit if:

(1) the permit does not accomplish its intended purposes;

(2) the permit holder fails to submit a required report to the

department; or

(3) the permit holder intentionally made false claims on the

application for the permit.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 48,

eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 610, Sec. 1, eff.

Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

251, Sec. 7, eff. May 29, 2009.

Sec. 43.1565. REINSTATEMENT OF PERMIT. The department may

reinstate a canceled permit if the permit holder submits an

application for reinstatement in the same manner as required by

Section 43.153 for an original permit and pays a fee set by the

commission.

Added by Acts 2009, 81st Leg., R.S., Ch.

251, Sec. 8, eff. May 29, 2009.

Sec. 43.157. VIOLATIONS; PENALTY. (a) Repealed by Acts 2009,

81st Leg., R.S., Ch. 251, Sec. 10, eff. May 29, 2009.

(b) No permittee may dispose of a wildlife carcass killed under

the permit or allow the wildlife to be disposed of except as

allowed under Section 43.155 of this code.

(c) No permittee may violate a term or condition of the permit.

(d) Except as provided by Subsection (e), a person who violates

this section commits an offense that is a Class B Parks and

Wildlife Code misdemeanor.

(e) A person who violates a reporting requirement adopted under

this subchapter commits an offense that is a Class C Parks and

Wildlife Code misdemeanor.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 25,

eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 610, Sec. 1, eff.

Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

251, Sec. 9, eff. May 29, 2009.

Acts 2009, 81st Leg., R.S., Ch.

251, Sec. 10, eff. May 29, 2009.

Sec. 43.158. LANDOWNER PERMIT EXEMPTION. Nothing in this

subchapter prevents a landowner or the landowner's agent or

lessee from taking depredating feral hogs on the landowner's land

without having acquired a permit under this subchapter.

Added by Acts 2003, 78th Leg., ch. 809, Sec. 4, eff. June 20,

2003.

SUBCHAPTER I. ARCHERY STAMPS

Sec. 43.201. ARCHERY STAMP REQUIRED. (a) Except as provided by

Subsection (c) or (d), no person may hunt deer, turkey, or

javelina (collared peccary) during an open archery season

provided by law or by the proclamations of the commission and

during which season only crossbows, longbows, recurved bows, and

compound bows may be used unless the person has acquired an

archery hunting stamp issued to the person by the department.

The commission by rule may prescribe requirements relating to

possessing a stamp required by this subchapter. In a county that

does not permit hunting with a firearm, a hunter may use a

crossbow only if the hunter is a person with upper limb

disabilities and has an archery hunting stamp.

(b) The stamp shall be issued in the form and manner prescribed

by the department and, except as provided by Subsection (d), must

be signed on its face by the person using the stamp for the stamp

to be valid for hunting purposes.

(c) The commission by regulation may exempt a person from the

stamp requirement of this section.

(d) The commission by rule may prescribe alternate requirements

for identifying the purchaser of a stamp issued in an automated

manner.

(e) A stamp issued under this subchapter is valid for hunting

only during the yearly period for which the stamp is issued

without regard to the date on which the stamp is acquired. Each

yearly period begins on September 1 or another date set by the

commission and extends through August 31 of the next year or

another date set by the commission. The commission by rule may

set the amount of a stamp fee for a stamp issued during a

transition period at an amount lower than prescribed in this

subchapter and provide for a stamp term for a transition period

that is shorter or longer than a year.

Added by Acts 1975, 64th Leg., p. 1203, ch. 456, Sec. 1, eff.

Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 838, Sec. 9,

eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 24, eff.

June 16, 1995; Acts 1997, 75th Leg., ch. 1256, Sec. 35, eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

99, Sec. 1, eff. September 1, 2009.

Sec. 43.202. FEE. The fee for an archery hunting stamp is $6 or

an amount set by the commission, whichever amount is more. The

department may issue other editions of the stamp that are not

valid for hunting at an amount set by the commission.

Acts 1975, 64th Leg., p. 1203, ch. 456, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1983, 68th Leg., p. 1330, ch. 277, Sec. 14,

eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.

24, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, Sec. 25,

eff. June 16, 1995.

Sec. 43.203. HUNTING LICENSE REQUIRED. The purchase or

possession of an archery hunting stamp does not permit a person

to hunt deer, turkey, or javelina without the license required by

Chapter 42 or by any means or methods not allowed by law.

Acts 1975, 64th Leg., p. 1203, ch. 456, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 36, eff.

Sept. 1, 1997.

Sec. 43.204. STAMP SALE RECEIPTS. The net revenue derived from

the sale of archery hunting stamps shall be sent to the

department.

Acts 1975, 64th Leg., p. 1203, ch. 456, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1979, 66th Leg., p. 548, ch. 260, art. 1,

Sec. 4, eff. Sept. 1, 1979.

Sec. 43.205. PENALTY. (a) A person who violates Section 43.201

of this code commits an offense that is a Class C Parks and

Wildlife Code misdemeanor.

(b) A person hunting a species covered by this chapter during an

open archery season who fails or refuses on the demand of any

game warden or other peace officer to exhibit an archery hunting

stamp or proof that the person is eligible for any exemptions

provided by Section 43.201(c) is presumed to be in violation of

Section 43.201 of this code.

Acts 1975, 64th Leg., p. 1203, ch. 456, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 26,

eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 838, Sec. 10, eff.

Sept. 1, 1993.

SUBCHAPTER L. DEER BREEDER'S PERMIT

Sec. 43.351. DEFINITIONS. In this subchapter:

(1) "Breeder deer" means a white-tailed deer or mule deer

legally held under a permit authorized by this subchapter.

(2) "Deer breeder" means a person holding a valid deer breeder's

permit.

(3) "Captivity" means the keeping of a breeder deer in an

enclosure suitable for and capable of retaining the breeder deer

it is designed to retain at all times under reasonable and

ordinary circumstances and to prevent entry by another deer. The

term includes the temporary keeping of a breeder deer in a

vehicle or trailer.

(4) "Deer" means a white-tailed deer or mule deer.

(5) "Durable identification tag" means a single tag not easily

dislodged or removed and made of a material that is not likely to

disintegrate or decompose. The term includes, but is not limited

to, newly developed technologies, including radio frequency

identification tags.

(6) "Immediate locality" means land that is contiguous and that

is owned by the same person. For purposes of this subdivision,

land divided or separated only by a public road or a public

waterway is contiguous.

(7) "Transfer" means any movement of breeder deer from a breeder

facility, a nursing facility, or a deer management permit

facility other than to an accredited veterinarian for medical

purposes.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff.

Sept. 1, 1985.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

79, Sec. 2, eff. September 1, 2007.

Sec. 43.352. PERMIT AUTHORIZED; DURATION OF PERMIT. (a) The

department shall issue a permit to a qualified person to possess

live breeder deer in captivity.

(b) The department may issue a permit under this section that is

valid for longer than one year.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff.

Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 8,

eff. Sept. 1, 1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

79, Sec. 2, eff. September 1, 2007.

Sec. 43.353. PERMIT IS DEFENSE. In any prosecution for the

unlawful possession or transportation of white-tailed deer or

mule deer, the possession of a permit issued under this

subchapter to the accused is a complete defense if the conduct

was authorized under the terms of the permit.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff.

Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 9,

eff. Sept. 1, 1991.

Sec. 43.356. SERIAL NUMBER. The department shall issue a

serial number to a permittee when the department issues the

permittee a deer breeder's permit. The same serial number shall

be assigned to the permittee if the department issues the

permittee a subsequent deer breeder's permit.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 49, eff.

Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 704, Sec. 12,

eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1255, Sec. 2, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1256, Sec. 38, eff.

Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

79, Sec. 2, eff. September 1, 2007.

Sec. 43.3561. IDENTIFICATION OF BREEDER DEER. (a) Not later

than March 31 of the year following the year in which the breeder

deer is born, a breeder deer held in a permitted deer breeding

facility must be identified by placing on each breeder deer

possessed by the deer breeder a single, reasonably visible,

durable identification tag bearing an alphanumeric number of not

more than four characters assigned by the department to the

breeding facility in which the breeder deer was born and unique

to that breeder deer. A deer breeder is not required to remove

the tag for any purpose but may remove the tag and replace the

tag immediately to meet the requirements of this section.

(b) A person may not remove or knowingly permit the removal of a

breeder deer held in a facility by a permittee under this

subchapter unless the breeder deer has been permanently and

legibly tattooed in one ear with the unique identification number

assigned to the breeder in lawful possession of the breeder deer

and specific to the breeding facility in which the breeder deer

was born or initially introduced if from an out-of-state source.

(c) A person may not knowingly accept or permit the acceptance

of a breeder deer into a facility regulated under this subchapter

unless the breeder deer has been permanently and legibly tattooed

in one ear with the unique identification number assigned to the

breeder in lawful possession of the breeder deer and specific to

the facility in which the breeder deer was born or initially

introduced if from an out-of-state source.

Added by Acts 2007, 80th Leg., R.S., Ch.

79, Sec. 2, eff. January 1, 2008.

Sec. 43.357. PERMIT PRIVILEGES; REGULATIONS. (a) The holder of

a valid deer breeder's permit may:

(1) engage in the business of breeding breeder deer in the

immediate locality for which the permit was issued; and

(2) sell, transfer to another person, or hold in captivity live

breeder deer for the purpose of propagation or sale.

(a-1) A deer breeder, a deer breeder's authorized agent, or an

assistant who is not a permittee under this subchapter but is

acting under the direction of a deer breeder or a deer breeder's

authorized agent may capture a breeder deer held in a permitted

facility for:

(1) removal from an enclosure;

(2) veterinary treatment;

(3) tagging;

(4) euthanasia for the purpose of:

(A) humane dispatch of the breeder deer; or

(B) the conduct of a test for a reportable disease as required

by law; or

(5) any other purpose required or allowed by law.

(b) The commission may make regulations governing:

(1) the possession of breeder deer held under the authority of

this subchapter;

(2) the recapture of lawfully possessed breeder deer that have

escaped from the facility of a deer breeder;

(3) permit applications and fees;

(4) reporting requirements;

(5) procedures and requirements for the purchase, transfer,

sale, or shipment of breeder deer;

(6) the endorsement of a deer breeder facility by a certified

wildlife biologist;

(7) the number of breeder deer that a deer breeder may possess;

and

(8) the dates for which a deer breeder permit is valid.

(c) A person who holds a permit under this subchapter or a

person who receives a breeder deer under this subchapter is not

required to have the release site inspected or approved before

the release of a breeder deer from a breeding facility. This

section does not preclude the department from making a habitat

inspection but does direct the department to refrain from

implementing habitat inspection rul