CHAPTER 45. GAME BIRD BREEDER'S LICENSE

PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE A. HUNTING AND FISHING LICENSES

CHAPTER 45. GAME BIRD BREEDER'S LICENSE

Sec. 45.0001. DEFINITIONS. In this chapter:

(1) "Game bird" has the meaning assigned by Section 64.001 and

includes "migratory game birds."

(2) "Migratory game bird" has the meaning assigned by Section

64.021.

Added by Acts 2005, 79th Leg., Ch.

992, Sec. 14, eff. June 18, 2005.

Sec. 45.001. LICENSE REQUIRED. No person may possess game birds

in captivity for the purpose of propagation or sale or sell game

bird eggs without first acquiring the proper license authorized

to be issued under this chapter.

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

1975. Amended by Acts 1975, 64th Leg., p. 1208, ch. 456, Sec.

8(a), eff. Sept. 1, 1975; Acts 1997, 75th Leg., ch. 1256, Sec.

49, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 15, eff. June 18, 2005.

Sec. 45.002. FORM OF LICENSE; PERIOD OF VALIDITY. (a) The

department shall issue the licenses authorized by this chapter on

a form provided by the department and may designate agents for

their issuance.

(b) Each license shall be numbered.

(c) A license is valid for a yearly period. 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

license fee for a license issued during a transition period at an

amount lower than prescribed in this section 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 1993, 73rd Leg., ch. 365, Sec. 3, eff. May

31, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 47, eff. June 16,

1995.

Sec. 45.003. TYPES OF LICENSES; FEES. (a) A class 1 commercial

game bird breeder's license entitles the holder to possess in

captivity more than 1,000 game birds. The fee for a class 1

license is $100 or an amount set by the commission, whichever

amount is more.

(b) A class 2 commercial game bird breeder's license entitles

the holder to possess in captivity not more than 1,000 game birds

during any calendar year. The fee for a class 2 license is $10 or

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

(c) A class 1 or class 2 commercial game bird breeder's license

is valid for selling game bird eggs in this state, regardless of

the number of eggs sold.

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

1975. Amended by Acts 1975, 64th Leg., p. 1208, ch. 456, Sec.

8(b), eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 1331, ch. 277,

Sec. 18, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art.

2, Sec. 28, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256,

Sec. 50, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 16, eff. June 18, 2005.

Sec. 45.004. SIZE OF ENCLOSURES. (a) No holder of a license

under this chapter may retain game birds, other than a migratory

bird or waterfowl, in an enclosure larger than 40 acres.

(b) No holder of a license under this chapter may retain a

migratory bird or waterfowl in an enclosure larger than 320

acres.

(c) "Captivity" means the keeping of game birds in an enclosure

or pen.

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

1975.

Sec. 45.005. RECORDS OF LIVE BIRD AND EGG SALES. (a) No holder

of a commercial game bird breeder's license may sell a live game

bird or game bird egg without issuing a written document showing

the name and serial number of the game bird breeder, the name and

address of the purchaser, and the kind or species and number of

game birds or game bird eggs sold. The document shall be

delivered to the purchaser.

(b) The department shall issue to each holder of a commercial

game bird breeder's license a serial number which shall remain

the number of the person holding the license as long as he

continues to hold a license.

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

1975. Amended by Acts 1975, 64th Leg., p. 1209, ch. 456, Sec.

8(c), eff. Sept. 1, 1975; Acts 1981, 67th Leg., p. 2441, ch. 625,

Sec. 1, eff. Sept. 1, 1981.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 17, eff. June 18, 2005.

Acts 2005, 79th Leg., Ch.

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

Sec. 45.006. SALES OF GAME BIRD CARCASSES OR PARTS OF A GAME

BIRD. (a) No person may sell, offer for sale, or purchase the

carcass or any part of a dead pen-raised game bird unless:

(1) the carcass or part is clearly stamped and marked by the

stamp authorized by Subsection (b); or

(2) the carcass or part is delivered to the purchaser and is

accompanied by a document on which is printed or written the

name, street address, and identification number, if applicable,

of the game bird breeder.

(b) Each holder of a license required by this chapter who offers

for sale the carcass of a pen-raised game bird may acquire a

rubber stamp which, when used, shows the identification number of

the holder of the license.

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

1975. Amended by Acts 1981, 67th Leg., p. 2441, ch. 625, Sec. 2,

eff. Sept. 1, 1981; Acts 1997, 75th Leg., ch. 1256, Sec. 51, eff.

Sept. 1, 1997.

Sec. 45.0061. SOURCE OF GAME BIRDS. A person who is not

required to possess a commercial game bird breeder's license and

who is in possession of a live game bird, game bird egg, or part

of a dead game bird shall, on the request of a game warden

commissioned by the department, furnish to the warden a receipt

showing the name and street address of the person and the name

and street address of the source from which any live game bird,

game bird egg, or part of a dead game bird in the possession of

the person was derived. The receipt must also show the date of

sale and the kind or species and number of live game birds, game

bird eggs, or parts of dead game birds acquired. The failure or

refusal to comply with this section is a violation of this

chapter.

Added by Acts 1975, 64th Leg., p. 1209, ch. 456, Sec. 8(d), eff.

Sept. 1, 1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec.

52, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 19, eff. June 18, 2005.

Sec. 45.007. PROHIBITED ACTS. (a) No holder of a game bird

breeder's license may sell a live game bird unless it is in a

healthy condition.

(b) No person may purchase a live game bird or game bird egg

except from a holder of a game bird breeder's license; however,

this subsection does not prohibit the purchase of live game birds

or game bird eggs from a lawful source outside the state.

(c) The carcass of a pen-raised game bird offered for sale must

be killed other than by shooting.

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

1975.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 20, eff. June 18, 2005.

Sec. 45.008. RECORDS; REPORTS. (a) Each commercial game bird

breeder shall maintain records showing the numbers of game birds

and game bird eggs acquired, propagated, sold, and disposed of in

any other manner. The records must be on forms provided by the

department and must contain any other information required by the

department.

(b) During August of each year or another month set by the

commission, but before August 31 or another date established by

the commission, a commercial game bird breeder shall send to the

department a report showing the total number of game birds in the

possession of the breeder during the reporting period and

accounting for the acquisition and disposition of each game bird

or game bird egg purchased or sold. The reporting period is from

August 1 of the preceding year through July 31 of the current

year or another yearly period established by the commission.

(c) The failure to keep the records required by Subsection (a)

of this section or to make the report as required by Subsection

(b) of this section is a violation of this chapter.

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

1975. Amended by Acts 1993, 73rd Leg., ch. 365, Sec. 4, eff. May

31, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 48, eff. June 16,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 21, eff. June 18, 2005.

Sec. 45.009. EXCEPTIONS. (a) A commercial game bird breeder

may process game birds for personal consumption at any time.

(b) This chapter does not apply to a person holding a permit

under Section 43.022.

(c) Any person owning or operating a business where food is sold

for consumption, including a restaurant, hotel, boarding house,

or club, may sell game birds obtained from a legal source for

consumption on the premises of the business.

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

1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 53, eff.

Sept. 1, 1997.

Sec. 45.010. INSPECTIONS. An authorized employee of the

department may inspect the facilities and enclosures of a person

licensed under this chapter at any time during normal business

hours without a warrant.

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

1975.

Sec. 45.011. PERMITS REQUIRED BY THE UNITED STATES. This

chapter does not authorize any act prohibited by federal law

without a permit issued by the United States, nor does the

possession of a permit issued by the United States authorize any

act prohibited by this chapter unless expressly provided by

federal law.

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

1975.

Sec. 45.012. PENALTY. A person who violates a provision of this

chapter 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. 30,

eff. Sept. 1, 1985.