CHAPTER 49. FALCONRY PERMIT
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE A. HUNTING AND FISHING LICENSES
CHAPTER 49. FALCONRY PERMIT
Sec. 49.001. DEFINITIONS. In this chapter:
(1) "Resident" means an individual who has resided continuously
in this state for more than six months immediately before
applying for a falconry permit.
(2) "Nonresident" means an individual who is not a resident.
(3) "Falconry" means the practice of trapping, possessing,
training, or flying a raptor for hunting purposes and includes
the act of hunting by the use of a trained raptor.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1991, 72nd Leg., ch. 301, Sec. 4, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1256, Sec. 65, eff.
Sept. 1, 1997.
Sec. 49.002. PROHIBITED ACTS. (a) Except as provided in
Subsection (b), no person may take, capture, or possess, or
attempt to take or capture, any native raptors unless the person
has obtained a permit issued by the department.
(b) A nonresident may temporarily possess in this state or
transport through this state any raptor if the person is
authorized by state and federal permits to possess the raptor in
the person's state of residence or has been issued a permit under
Chapter 43.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 66, eff.
Sept. 1, 1997.
Sec. 49.003. RECIPROCITY. A person in possession of a raptor
under a license issued by another state who intends to establish
residency in this state must apply to the department for a
falconry permit not later than the 10th day after the date the
person first moves a raptor into this state. A signed and
notarized affidavit stating the person's intent to establish
residency in this state must accompany the application.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 116, ch. 57, Sec. 1,
eff. Sept. 1, 1977; Acts 1983, 68th Leg., p. 1335, ch. 277, Sec.
36, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2,
Sec. 51, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec.
67, eff. Sept. 1, 1997.
Sec. 49.010. HUNTING. (a) A resident possessing a falconry
permit and a hunting license may hunt by means of falconry.
(b) A nonresident may hunt by means of falconry if the
nonresident possesses on the nonresident's person:
(1) a federal falconry permit;
(2) a falconry permit issued in the person's state of residence;
and
(3) a nonresident hunting license and any applicable stamps.
(c) A person may hunt a bird or animal by means of falconry only
during an open season provided for that bird or animal.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 68, eff.
Sept. 1, 1997.
Sec. 49.011. TRANSFER OR SALE OF RAPTORS. (a) Except as
permitted in Subsections (b) and (c), no person may buy, sell,
barter, or exchange, or offer to buy, sell, barter, or exchange,
a raptor in this state.
(b) The holder of a falconer's permit may transfer a raptor to
another holder of a falconer's permit or receive a raptor from
another holder of a falconer's permit.
(c) A holder of a falconer's permit who qualifies as prescribed
by commission rule may purchase raptors from any legal source and
may sell captive-bred raptors to any person permitted to purchase
captive-bred raptors.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 117, ch. 57, Sec. 8,
eff. Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 704, Sec. 27, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1256, Sec. 69, eff.
Sept. 1, 1997.
Sec. 49.012. PROPERTY OF STATE. All raptors captured, taken, or
held in this state remain the property of the people of the state
except as provided in this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 49.014. POWERS OF DEPARTMENT. The department may:
(1) prescribe rules for the taking, capture, possession,
propagation, transportation, export, import, and sale of raptors,
time and area from which raptors may be taken or captured, and
species that may be taken or captured;
(2) provide standards for possessing and housing raptors held
under a permit;
(3) prescribe annual reporting requirements and procedures;
(4) prescribe eligibility requirements and fees for and issue
any falconry, raptor propagation, or nonresident trapping permit;
and
(5) require and regulate the identification of raptors held by
permit holders.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 117, ch. 57, Sec. 9,
eff. Sept. 1, 1977; Acts 1997, 75th Leg., ch. 1256, Sec. 70, eff.
Sept. 1, 1997.
Sec. 49.015. RARE OR ENDANGERED SPECIES. The department shall
insure that the taking and possessing for falconry purposes of
raptors classified as rare or endangered by this state, the
regulations of the department, or the United States Bureau of
Sports, Fisheries, and Wildlife are restricted to competent and
experienced individuals and to numbers consistent with good
management practices and the current population status of the
individual species or subspecies involved.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 117, ch. 57, Sec. 10,
eff. Sept. 1, 1977.
Sec. 49.017. PENALTIES. 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. 37,
eff. Sept. 1, 1985.