CHAPTER 64. BIRDS
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE B. HUNTING AND FISHING
CHAPTER 64. BIRDS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 64.001. GAME BIRDS. Wild turkey, wild ducks of all
varieties, wild geese of all varieties, wild brant, wild grouse,
wild prairie chickens, wild pheasants of all varieties, wild
partridge, wild bobwhite quail, wild scaled quail, wild Mearn's
quail, wild Gambel's quail, wild red-billed pigeons, wild
band-tailed pigeons, wild mourning doves, wild white-winged
doves, wild white-fronted doves, wild snipe of all varieties,
wild shore birds of all varieties, chachalacas, wild plover of
all varieties, and wild sandhill cranes are game birds.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 202, ch. 95, Sec. 1,
eff. April 30, 1981.
Sec. 64.002. PROTECTION OF NONGAME BIRDS. (a) Except as
provided by this code, no person may:
(1) catch, kill, injure, pursue, or possess, dead or alive, or
purchase, sell, expose for sale, transport, ship, or receive or
deliver for transportation, a bird that is not a game bird;
(2) possess any part of the plumage, skin, or body of a bird
that is not a game bird; or
(3) disturb or destroy the eggs, nest, or young of a bird that
is not a game bird.
(b) European starlings, English sparrows, and feral rock doves
(Columba livia) may be killed at any time in any manner and their
nests or eggs may be destroyed, and such conduct does not
constitute an offense under Chapter 42, Penal Code.
(c) A permit is not required to control yellow-headed,
red-winged, rusty, or Brewer's blackbirds or all grackles,
cowbirds, crows, or magpies when found committing or about to
commit depredations on ornamental or shade trees, agricultural
crops, livestock, or wildlife, or when concentrated in numbers
and in a manner that constitutes a health hazard or other
nuisance.
(d) Canaries, parrots, and other exotic nongame birds may be
sold, purchased, and kept as domestic pets.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 202, ch. 95, Sec. 2,
eff. April 30, 1981; Acts 1985, 69th Leg., ch. 267, art. 3, Sec.
110, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 610, Sec. 2,
eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1256, Sec. 92, eff.
Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
952, Sec. 13, eff. September 1, 2009.
Sec. 64.003. DESTROYING NESTS OR EGGS. No person may destroy or
take the nest, eggs, or young of any wild game bird, wild bird,
or wild fowl protected by this code except as provided in this
code.
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. 53,
eff. Sept. 1, 1985.
Sec. 64.004. TRAPPING GAME BIRDS. No person may set a trap,
net, or other device for taking game birds or take or snare a
game bird by a device without obtaining a permit from the
department.
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. 54,
eff. Sept. 1, 1985.
Sec. 64.005. PENALTY. A person who violates a provision of this
subchapter commits an offense that is a Class C Parks and
Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 55, eff.
Sept. 1, 1985.
Sec. 64.006. RELEASE OF TURKEYS. (a) Except as provided by
this section, no turkeys may be propagated, purchased, sold,
transported, or released for the purpose of establishing a
free-ranging wild turkey population.
(b) The department may release turkeys in certain areas of the
state for the purpose of maintaining a wild turkey population.
(c) The department may adopt regulations regulating the release
of turkeys by persons other than department employees.
(d) This section does not apply to any turkeys maintained for
agricultural purposes.
(e) The department may contract with private sector sources to
release wild turkeys in certain areas of the state for the
purpose of maintaining or expanding a wild turkey population.
Added by Acts 1987, 70th Leg., ch. 771, Sec. 1, eff. Aug. 31,
1987.
Sec. 64.007. POSSESSION OF LIVE GAME BIRDS. No person may
possess a live game bird in this state except as authorized by
this code.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 93, eff. Sept. 1,
1997.
SUBCHAPTER B. SEASONS AND LIMITS
Sec. 64.011. EAGLE. No person may hunt, trap, or kill a golden
eagle or Mexican brown eagle without first having obtained a
permit from the department as provided by Subchapter H, Chapter
43, of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1987, 70th Leg., ch. 631, Sec. 1, eff. June
19, 1987.
SUBCHAPTER C. MIGRATORY GAME BIRDS
Sec. 64.021. DEFINITIONS. In this subchapter:
(1) "Migratory game bird" means wild ducks of all species, wild
geese and wild brant of all species, wild coot, wild rail, wild
gallinules, wild plovers, Wilson's snipe or jack snipe, woodcock,
mourning doves, white-winged doves, white-fronted doves,
red-billed pigeons, band-tailed pigeons, shore birds of all
varieties, and sandhill cranes.
(2) "Open season" means the period of time when it is lawful to
take, kill, or pursue, or attempt to take or kill migratory game
birds.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 202, ch. 95, Sec. 3,
eff. April 30, 1981.
Sec. 64.022. AUTHORITY OF COMMISSION. The commission shall
provide the open season and means, methods, and devices for the
hunting and possessing of migratory game birds and may delegate
that authority to the executive director.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 94, eff.
Sept. 1, 1997.
Sec. 64.023. OPEN SEASON. An open season may be provided only
for the length of time justified by the supply of the species of
migratory game bird affected in this state or in the zone or
section of this state where the open season applies.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 64.024. REGULATIONS. (a) The department shall conduct
investigations prior to the issuance of regulations on an open
season for a migratory game bird. The regulation may be issued if
the supply of the migratory game bird is sufficient.
(b) The commission may adopt an emergency regulation governing
the hunting or possession of migratory game birds if the
commission finds that an emergency condition affecting the supply
or condition of migratory game birds exists.
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. 62,
eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 95, eff.
Sept. 1, 1997.
Sec. 64.025. SUIT. A party affected by and dissatisfied with a
regulation issued under this subchapter may file suit against the
department to test the validity of the regulation in a court of
competent jurisdiction in Travis County.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 64.026. PROHIBITED ACTS. No person may hunt or possess a
migratory game bird by any means or method except as provided by
regulation issued under this code.
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. 56,
eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 96, eff.
Sept. 1, 1997.
Sec. 64.027. PENALTY. A person who violates a provision of this
subchapter or a regulation of the department adopted under this
subchapter commits an offense that is a Class C Parks and
Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 57, eff.
Sept. 1, 1985.