CHAPTER 71. LICENSES AND REGULATIONS
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE C. FUR-BEARING ANIMALS
CHAPTER 71. LICENSES AND REGULATIONS
Sec. 71.001. DEFINITIONS. In this subtitle:
(1) "Fur-bearing animal" means wild beaver, otter, mink,
ring-tailed cat, badger, skunk, raccoon, muskrat, opossum, fox,
or nutria.
(2) "Trapper" means a person who takes a fur-bearing animal or
the pelt of a fur-bearing animal.
(3) "Retail fur buyer" means a person who purchases a
fur-bearing animal or the pelt of a fur-bearing animal of this
state from trappers only.
(4) "Wholesale fur dealer" means a person who purchases for
himself or for another person a fur-bearing animal or the pelt of
a fur-bearing animal of this state from a trapper, a retail fur
buyer, a fur-bearing animal propagator, or another wholesale fur
dealer.
(5) "Resident" means an individual who has resided continuously
in this state for more than six months immediately before
applying for a license issued under this chapter.
(6) "Nonresident" means an individual who is not a resident.
(7) "Sale" includes barter and other transfers of ownership for
consideration.
(8) "Take" means the act of snaring, trapping, shooting,
killing, or capturing by any means and includes an attempt to
take.
(9) "Carcass" means the body of a dead fur-bearing animal, with
or without the hide attached.
(10) "Depredation" means the loss of or damage to agricultural
crops, livestock, poultry, wildlife, or personal property.
(11) "Pelt" means the untanned, green or dried hide or skin of a
fur-bearing animal, whether or not the hide or skin is attached
to the carcass.
(12) "Place of business" means a place where fur-bearing animals
or their pelts are sold, received, transported, possessed, or
purchased, and includes a vehicle used by a trapper, retail fur
buyer, wholesale fur dealer, or fur-bearing animal propagator.
(13) "Fur-bearing animal propagator" means a person who takes or
possesses a living fur-bearing animal and holds it for the
purpose of propagation or sale.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1979, 66th Leg., p. 2047, ch. 801, Sec. 1,
eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 2737, ch. 748, Sec.
1, eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 2886, ch. 491,
Sec. 3, eff. Aug. 29, 1983; Acts 1991, 72nd Leg., ch. 301, Sec.
7, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 635, Sec. 6,
eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
992, Sec. 28, eff. June 18, 2005.
Sec. 71.0011. APPLICATION. This chapter applies to fur-bearing
animals in each county except those populations on the state's
list of endangered fish and wildlife.
Added by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1, eff.
Sept. 1, 1981.
Sec. 71.002. PROCLAMATIONS. (a) The commission by proclamation
may regulate the taking, possession, propagation, transportation,
exportation, importation, sale, and offering for sale of
fur-bearing animals, pelts, and carcasses as the commission
considers necessary to manage fur-bearing animals or to protect
human health or property.
(b) A proclamation of the commission under this chapter may also
provide for:
(1) permit application forms, fees, procedures, and reports;
(2) hearing procedures;
(3) the periods of time when it is lawful to take, possess,
sell, purchase, or transport fur-bearing animals, pelts, and
carcasses;
(4) catch and possession limits for fur-bearing animals and
pelts; and
(5) the means, methods, and manner that are, and places in which
it is, lawful to take or possess fur-bearing animals, pelts, or
carcasses.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1,
eff. Sept. 1, 1981.
Sec. 71.003. SCIENTIFIC STUDIES AND INVESTIGATIONS. The
department shall conduct scientific studies and investigations of
fur-bearing animals as necessary to develop information on
populations, distribution, habitat needs, and limiting factors,
to acquire any other biological or ecological data, and to
determine appropriate management policies for public safety.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1,
eff. Sept. 1, 1981.
Sec. 71.004. PROHIBITED ACTS. (a) No person may take, sell,
purchase, or possess a fur-bearing animal, pelt, or carcass in
this state, except as provided by proclamation of the commission.
This chapter does not prohibit a landowner or his agent from
taking a fur-bearing animal causing depredation on that person's
land. No person may possess a fur-bearing animal taken for
depredation purposes except as authorized by proclamation of the
commission.
(b) Repealed by Acts 2005, 79th Leg., Ch. 992, Sec. 32(4), eff.
June 18, 2005.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1,
eff. Sept. 1, 1981.
Amended by:
Acts 2005, 79th Leg., Ch.
992, Sec. 32(4), eff. June 18, 2005.
Sec. 71.005. LICENSES REQUIRED. (a) Except as provided by this
section and Section 71.004(a), no person may take a fur-bearing
animal or a pelt in this state unless the person has acquired and
possesses a trapper's license.
(b) Except as provided by commission regulation, no person may
purchase, possess after purchase, or transport for commercial
purposes a pelt or carcass taken in this state unless the person
has acquired and possesses a retail fur buyer's or wholesale fur
dealer's license.
(c) No person may capture or possess a live fur-bearing animal
for any purpose, except as otherwise authorized by this code,
unless he has acquired and possesses a fur-bearing animal
propagation license.
(d) A person who possesses a hunting license may take and
possess a fur-bearing animal if:
(1) neither the fur-bearing animal nor any part of that animal
is taken for the purpose of sale, barter, or exchange; and
(2) the number of fur-bearing animals taken does not exceed the
daily bag limit or possession limit set by commission regulation.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1,
eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 635, Sec. 7, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 113, eff.
Sept. 1, 1997.
Sec. 71.006. PURCHASES BY RETAIL FUR BUYER. No retail fur buyer
may purchase in this state a pelt or carcass except from a
licensed trapper.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1,
eff. Sept. 1, 1981.
Sec. 71.007. PURCHASES BY WHOLESALE FUR DEALER. No wholesale
fur dealer may purchase in this state a pelt or carcass except
from a licensed trapper, a licensed retail fur buyer, a
fur-bearing animal propagator, or another licensed wholesale fur
dealer.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1,
eff. Sept. 1, 1981.
Sec. 71.008. ISSUANCE OF LICENSES. The licenses authorized by
this chapter shall be of a form prescribed and issued by the
department, or an authorized agent of the department, to
applicants on the payment of the license fees.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1,
eff. Sept. 1, 1981.
Sec. 71.009. LICENSE FEES. The fee for a license authorized by
this chapter is in the following amount or an amount set by the
commission, whichever amount is more:
(1) $10.75 for a resident trapper's license;
(2) $200.75 for a nonresident trapper's license;
(3) $50.75 for a resident retail fur buyer's license;
(4) $200.75 for a nonresident retail fur buyer's license;
(5) $100.75 for a resident wholesale fur dealer's license;
(6) $400.75 for a nonresident wholesale fur dealer's license;
and
(7) $50.75 for a fur-bearing animal propagation permit.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1,
eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
64, eff. Sept. 1, 1985.
Sec. 71.010. LICENSE PERIOD. The license period for licenses
issued under this chapter is September 1 or another date set by
the commission through August 31 of the next year or another date
set by the commission, and a license is current and valid only
for the license period for which it is issued. 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 chapter 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 1981, 67th Leg., p. 2737, ch. 748, Sec. 1,
eff. Sept. 1, 1981; Acts 1995, 74th Leg., ch. 931, Sec. 68, eff.
June 16, 1995.
Sec. 71.011. POSSESSION AND DISPLAY OF LICENSES. (a) A trapper
shall carry the trapper's license on his person while taking or
possessing a fur-bearing animal, pelt, or carcass.
(b) A wholesale fur dealer, a retail fur buyer, or a fur-bearing
animal propagator shall display the required license at his place
of business or while conducting business at a place other than
his place of business.
(c) The failure to display a valid license on request by the
department or an authorized agent of the department while taking,
possessing, selling, offering for sale, or buying a fur-bearing
animal, pelt, or carcass is a violation of this chapter. If on or
before the trial of a person charged with a violation of this
section, the person produces for the court or the prosecuting
attorney the proper license that was issued to the person and
valid at the time of the offense, the court shall dismiss that
charge.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1,
eff. Sept. 1, 1981.
Sec. 71.012. INSPECTIONS. The place of business of any
fur-bearing animal propagator, wholesale fur dealer, or retail
fur buyer and any vehicle being used by a fur-bearing animal
propagator, wholesale fur dealer, or retail fur buyer for the
collection or transportation of fur-bearing animals, carcasses,
or pelts are subject to inspection without a warrant by a game
warden or any other peace officer at any time.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1,
eff. Sept. 1, 1981.
Sec. 71.014. REPORTS. The holder of a wholesale fur dealer's,
retail fur buyer's, or fur-bearing animal propagation license
shall submit reports to the department as required by
proclamation of the commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1,
eff. Sept. 1, 1981.
Sec. 71.015. PENALTIES. (a) Except as provided in another
subsection of this section, a person who violates any provision
of this chapter or proclamation under this chapter commits an
offense that is a Class C Parks and Wildlife Code misdemeanor.
(b) If it is shown at the trial of the defendant that he has
been convicted once within the preceding 36 months of a violation
of this chapter or a proclamation under this chapter, on
conviction he shall be punished for a Class B Parks and Wildlife
Code misdemeanor.
(c) If it is shown at the trial of the defendant that he has
been convicted two or more times within the preceding 60 months
of a violation of this chapter or a proclamation under this
chapter, on conviction he shall be punished for a Class A Parks
and Wildlife Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2737, ch. 748, Sec. 1,
eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 267, art. 3, Sec.
79, eff. Sept. 1, 1985.