CHAPTER 42. GENERAL HUNTING LICENSE

State Codes and Statutes

Statutes > Texas > Parks-and-wildlife-code > Title-5-wildlife-and-plant-conservation > Chapter-42-general-hunting-license

PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE A. HUNTING AND FISHING LICENSES

CHAPTER 42. GENERAL HUNTING LICENSE

Sec. 42.001. DEFINITIONS. In this chapter:

(1) "Resident" means:

(A) an individual who has resided continuously in this state for

more than six months immediately before applying for a hunting

license;

(B) a member of the United States armed forces on active duty;

active duty; or

(D) a member of any other category of individuals that the

commission by regulation designates as residents.

(2) "Nonresident" means an individual who is not a resident.

(3) "Carcass" means the body of a dead deer or antelope, as

listed in Section 63.001(a), that has not been processed more

than by quartering.

(4) "Final destination," for a carcass or wild turkey or any

part of a carcass or wild turkey, means:

(A) the permanent residence of the hunter;

(B) the permanent residence of any other person receiving the

carcass or wild turkey or the part of a carcass or wild turkey;

(5) "Final processing," for a carcass or wild turkey, means the

cleaning of the dead animal for cooking or storage purposes. For

a carcass, the term also includes the processing of the animal

more than by quartering.

(6) "Cold storage or processing facility" means a stationary

facility designed and constructed to store or process game

animals and game birds.

(7) "Wildlife resource document" means a document prescribed by

the department, other than a tag or permit, that allows a person

to give, leave, receive, or possess any species of legally taken

game bird or game animal, or part of a legally taken game bird or

game animal, if the game bird or game animal is otherwise

required to have a tag or permit attached or is protected by a

bag or possession limit.

(8) "Quartering" means the processing of an animal into not more

than two hindquarters each having the leg bone (femur) attached

down to the knee and two front shoulders each having the leg

bones (scapula and humerus) attached down to the elbow. The term

also includes removal of two back straps.

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

1975. Amended by Acts 1977, 65th Leg., p. 612, ch. 223, Sec. 1,

eff. Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 301, Sec. 1, eff.

Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 838, Sec. 1, eff. July

15, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 28, eff. Sept. 1,

1997.

Amended by:

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

218, Sec. 1, eff. September 1, 2009.

Sec. 42.002. RESIDENT LICENSE REQUIRED; EXEMPTION. (a) Except

as provided by Subsections (b) and (c) of this section, no

resident may hunt any bird or animal in this state without having

acquired a hunting license.

(b) A resident possessing a valid resident trapper's license or

fur-bearing animal propagation permit is not required to have a

license issued under this section to take or possess the species

covered by the license or permit.

take feral hogs causing depredation on the resident landowner's

land without having acquired a hunting license.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 7,

eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, Sec. 4, eff.

June 16, 1995; Acts 2003, 78th Leg., ch. 809, Sec. 1, 2, eff.

June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 6, eff. June 18, 2005.

Sec. 42.0021. LIFETIME RESIDENT HUNTING LICENSE. The department

may issue to residents of this state a lifetime resident hunting

license.

Added by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 8, eff.

Sept. 1, 1986.

Sec. 42.005. NONRESIDENT LICENSE REQUIRED. (a) No nonresident

in this state may hunt a mule deer, white-tailed deer, turkey,

pronghorn antelope, or desert bighorn sheep in this state without

first having acquired a general nonresident hunting license.

(b) Except as provided by Subsection (f), no nonresident may

hunt any bird or animal in this state without first having

acquired a general nonresident hunting license, a nonresident

special hunting license, or a nonresident five-day special

hunting license.

license is not required to have a license issued under this

section to take or possess the species governed by the license.

(d) No nonresident may hunt a turkey during the spring turkey

hunting season without first having acquired a license as

required by Subsection (b) of this section or a nonresident

spring turkey hunting license.

(e) A nonresident may not acquire or possess during a license

year:

(1) more than one nonresident spring turkey hunting license; or

(2) a general nonresident hunting license and a nonresident

spring turkey hunting license.

(f) A nonresident landowner or the landowner's agent or lessee

may take feral hogs causing depredation on the nonresident

landowner's land without having acquired a hunting license

required by this chapter.

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

1975. Amended by Acts 1977, 65th Leg., p. 317, ch. 150, Sec. 1,

eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 1859, ch. 439, Sec.

1, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 267, art. 2,

Sec. 9, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 609, Sec.

1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 95, Sec. 1, eff.

Sept. 1, 1991; Acts 1997, 75th Leg., ch. 863, Sec. 1, eff. Sept.

1, 1997; Acts 2003, 78th Leg., ch. 809, Sec. 3, eff. June 20,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 7, eff. June 18, 2005.

Sec. 42.006. POSSESSION OF LICENSE: RULES. The commission by

rule may prescribe requirements relating to possessing a license

issued under this chapter.

Added by Acts 1995, 74th Leg., ch. 931, Sec. 5, eff. June 16,

1995.

Sec. 42.010. ISSUANCE AND FORM OF LICENSES AND TAGS. (a) The

department shall prescribe the form of and issue the licenses and

tags authorized by this chapter.

(b) The department may issue tags for animals or birds allowed

by law to be killed during each year or season to holders of

licenses authorizing the killing of animals or birds. The

commission may establish fees for the tags.

required information on a license or tag before hunting or if the

person possesses a tag without a name entered on the tag.

(d) No person may issue or receive a license or tag authorized

by this chapter except on the form provided by the department.

(e) The commission by regulation shall determine the number of

tags that may be issued to an individual for taking animals or

birds.

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

1975. Amended by Acts 1977, 65th Leg., p. 612, ch. 223, Sec. 2,

eff. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.

10, eff. Sept. 1, 1986; Acts 1991, 72nd Leg., ch. 911, Sec. 1,

eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 931, Sec. 6, eff.

June 16, 1995.

Sec. 42.012. RESIDENT LICENSE FEE. (a) The fee for a resident

hunting license is $8 or an amount set by the commission,

whichever amount is more.

(b) The commission may set a lower fee or waive the fee or

license requirement for a resident who is under 17 years old, 65

years old or older, or participating in an event that is

sponsored or co-sponsored by the Texas Parks and Wildlife

Department with the approval of the executive director. The

commission shall waive the fee for a qualified disabled veteran

and for a resident on active duty as a member of the United

States military forces, the Texas Army National Guard, the Texas

Air National Guard, or the Texas State Guard.

connected disability, as defined by the Veterans' Administration,

consisting of the loss of the use of a lower extremity or of a

disability rating of 60 percent or more and who is receiving

compensation from the United States for the disability.

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

1975. Amended by Acts 1983, 68th Leg., p. 1328, ch. 277, Sec. 7,

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

12, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 838, Sec. 2,

eff. July 15, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 7, eff.

June 16, 1995; Acts 1997, 75th Leg., ch. 840, Sec. 1, eff. Sept.

1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

145, Sec. 1, eff. September 1, 2005.

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

243, Sec. 1, eff. May 25, 2007.

Sec. 42.0121. LIFETIME RESIDENT HUNTING LICENSE FEE. The fee

for a lifetime resident hunting license is $300 or an amount set

by the commission, whichever amount is more.

Added by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 13, eff.

Sept. 1, 1986. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 8,

eff. June 16, 1995.

Sec. 42.014. NONRESIDENT SPECIAL HUNTING LICENSE FEE. The fee

for a nonresident special hunting license is $37.75 or an amount

set by the commission, whichever amount is more.

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

1975. Amended by Acts 1977, 65th Leg., p. 317, ch. 150, Sec. 2,

eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1397, ch. 623, Sec.

1, eff. Aug. 27, 1979; Acts 1985, 69th Leg., ch. 267, art. 2,

Sec. 14, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 609, Sec.

2, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 931, Sec. 9,

eff. June 16, 1995.

Sec. 42.0141. GENERAL NONRESIDENT HUNTING LICENSE FEE. The fee

for a general nonresident hunting license is $100.75 or an amount

set by the commission, whichever amount is more.

Added by Acts 1977, 65th Leg., p. 317, ch. 150, Sec. 3, eff. Aug.

29, 1977. Amended by Acts 1979, 66th Leg., p. 1397, ch. 623, Sec.

2, eff. Aug. 27, 1979; Acts 1985, 69th Leg., ch. 267, art. 2,

Sec. 15, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, Sec.

10, eff. June 16, 1995.

Sec. 42.0142. NONRESIDENT BANDED BIRD HUNTING LICENSE FOR

HUNTING ON A PRIVATE BIRD HUNTING AREA. (a) In lieu of a

general or nonresident special hunting license, a nonresident may

acquire a banded bird hunting license from the department

entitling the nonresident to take pen-reared, banded birds from a

licensed private bird hunting area only.

(b) The fee for a nonresident banded bird hunting license is an

amount set by the commission.

Added by Acts 1987, 70th Leg., ch. 609, Sec. 3, eff. Sept. 1,

1987. Amended by Acts 1989, 71st Leg., ch. 512, Sec. 3, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 838, Sec. 3, eff. Sept.

1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 11, eff. June 16,

1995.

Sec. 42.0143. NONRESIDENT FIVE-DAY SPECIAL HUNTING LICENSE. A

nonresident five-day special hunting license is valid for five

consecutive days. The fee for the license is set by the

commission in an amount not to exceed 50 percent of the amount of

the fee set for a nonresident special hunting license.

Added by Acts 1987, 70th Leg., ch. 609, Sec. 4, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 12, eff.

June 16, 1995.

Sec. 42.0144. NONRESIDENT SPRING TURKEY HUNTING LICENSE FEE.

The fee for a nonresident spring turkey hunting license is $75 or

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

Added by Acts 1991, 72nd Leg., ch. 95, Sec. 2, eff. Sept. 1,

1991.

Sec. 42.017. DUPLICATE LICENSE AND TAGS. (a) If a person

licensed to hunt under the provisions of this chapter loses the

license or tags or if the license or tags are destroyed, the

person may apply to the department for and receive a duplicate

license or tags.

(b) The application for a duplicate license or tags is in the

form of an affidavit and must contain a statement of fact

concerning the loss or destruction of the license or tags and a

statement of the number of birds or animals, if any, killed under

the authority of the lost or destroyed license or tags. The

commission by regulation may prescribe additional requirements

for the issuance of a duplicate license or tag under this

section.

animal shall be clearly marked to indicate those birds or animals

previously killed under the authority of the lost or destroyed

license or tags and to prevent the killing of more birds or

animals than allowed for the year.

(d) The fee for a duplicate license or tags is $5 or an amount

set by the commission, whichever amount is more.

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

1975. Amended by Acts 1977, 65th Leg., p. 612, ch. 223, Sec. 3,

eff. Sept. 1, 1977; Acts 1983, 68th Leg., p. 1329, ch. 277, Sec.

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

Sec. 16, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 838, Sec.

4, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 13,

eff. June 16, 1995.

Sec. 42.0175. EXPIRATION DATE. (a) A license issued under this

chapter, other than a lifetime resident hunting license or a

nonresident five-day special hunting license is valid only during

the yearly period for which the license is issued without regard

to the date on which a license is acquired. Each yearly period

begins on September 1 or on another date set by the commission

and extends through August 31 of the next year or another date

set by the commission. A license issued under this chapter other

than a nonresident five-day special hunting license that is

issued before September 1 or another date set by the commission

and does not expire until August 31 of the next year or another

date set by the commission is valid from the date of issuance

through August 31 of the following 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 chapter and provide for a

license term for a transition period that is shorter or longer

than a year.

(b) A license issued under Section 42.012(b) of this code to a

person who is 16 years of age at the time the license is issued,

but reaches the age of 17 during the term of the license, is

valid for the entire term of the license.

Added by Acts 1977, 65th Leg., p. 1536, ch. 626, Sec. 2, eff.

Aug. 29, 1977. Amended by Acts 1993, 73rd Leg., ch. 838, Sec. 5,

eff. July 15, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 14, eff.

June 16, 1995.

Sec. 42.0177. BIRD OR ANIMAL TAGS: COMMISSION RULES. The

commission by rule may modify or eliminate the tagging

requirements of Section 42.018, 42.0185, or 42.020, or other

similar tagging requirements in this chapter.

Added by Acts 1995, 74th Leg., ch. 931, Sec. 15, eff. June 16,

1995.

Sec. 42.018. TAG TO BE ATTACHED TO DEER. (a) Except as

provided by Subsection (d) or commission rule, no person may

possess the carcass of a deer before the carcass has been finally

processed at a final destination unless there is attached to the

carcass a properly executed deer tag from a hunting license

provided by the department and issued to the person who killed

the deer.

(b) A tag is properly executed only when the month and the date

of the kill are cut out and the tag is filled out to show the

place the deer to which the tag is attached was killed and to

show other information required on the tag by the commission.

executed tag must remain with the carcass.

(d) A wildlife resource document completed by the person who

killed the deer must accompany the head or other part of the deer

not accompanied by a tag if at any time before the carcass is

finally processed the head or other part of the deer no longer

accompanies the carcass. If a portion of the carcass is divided

among persons and separated and the person who killed the deer

retains a portion of the carcass, that person shall retain the

tag with the portion of the carcass retained by that person. A

wildlife resource document shall be retained with the head of a

deer that is not kept with the carcass until the head is

delivered to the owner after taxidermy or, if not treated by a

taxidermist, until delivered to a final destination.

(e) Final processing for a deer carcass may occur only at a

final destination.

(f) This section does not prohibit a person before delivering a

deer carcass to a final destination from removing and preparing a

part of the deer if the removal and preparation occur immediately

before the part is cooked or consumed.

(g) A landowner or the landowner's agent operating under a

wildlife management plan approved by the department is, if

authorized by the commission, exempt from the tag requirements of

this section.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 17,

eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 38, Sec. 1, eff.

Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 635, Sec. 2, eff. Sept.

1, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 29, eff. Sept. 1,

1997.

Sec. 42.0185. TAG TO BE ATTACHED TO TURKEY. (a) Except as

provided by commission rule, no person may possess a wild turkey

at any time after the turkey is killed and before it has been

finally processed at a final destination unless there is attached

to the turkey a properly executed turkey tag from a hunting

license provided by the department and issued to the person who

killed the turkey.

(b) A turkey tag is properly executed only when the month and

the date of the kill are cut out and the tag is filled out to

show the place the turkey to which the tag is attached was killed

and to show other information required on the tag.

killed the turkey must accompany a part of the turkey if at any

time before the turkey reaches a final destination the part of

the turkey no longer accompanies the tagged turkey and is

possessed by the person who killed the turkey or is given to,

left with, or possessed by another person, including a

taxidermist.

(d) This section does not prohibit a person before delivering a

wild turkey to a final destination from preparing part of the

turkey immediately before cooking and consuming the part.

Added by Acts 1977, 65th Leg., p. 613, ch. 223, Sec. 4, eff.

Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 38, Sec. 2,

eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 30, eff.

Sept. 1, 1997.

Sec. 42.019. POSSESSION OF CERTAIN PARTS OF ANTELOPE. (a)

Except as provided by Subsection (c), no person may possess the

carcass of an antelope before it has been finally processed at a

final destination unless there is attached to the carcass an

antelope permit provided by the department that is executed

legibly, accurately, and completely by the person who killed the

antelope.

(b) If the antelope's head is severed from the carcass, the

properly executed permit must remain with the carcass.

killed the antelope must accompany the head or other part of the

antelope not accompanied by a permit if at any time before the

carcass is finally processed the head or other part of the

antelope no longer accompanies the carcass. If a portion of the

carcass is divided among persons and separated and the person who

killed the antelope retains a portion of the carcass, that person

shall retain the permit with the portion of the carcass retained

by that person. A wildlife resource document shall be retained

with the head of an antelope that is not kept with the carcass

until the head is delivered to the owner after taxidermy or, if

not treated by a taxidermist, until delivered to a final

destination.

(d) Final processing for an antelope carcass may occur only at a

final destination.

(e) This section does not prohibit a person before delivering an

antelope carcass to a final destination from removing and

preparing a part of the antelope if the removal and preparation

occur immediately before the part is cooked and consumed.

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

1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 31, eff.

Sept. 1, 1997.

Sec. 42.020. BIRD OR ANIMAL TAGS: PROHIBITED ACTS. (a) No

person may purchase or use more bird or animal tags during a

license year than the number and type authorized for the year by

the commission, excluding duplicate licenses issued under Section

42.017 of this code.

(b) No person may:

(1) use the same bird or animal tag on more than one bird or

animal;

(2) use a bird or animal tag issued in the name of another;

(3) use a tag on a bird or animal for which another tag is

specifically required;

(4) kill a bird or animal required to be tagged and fail to

immediately attach a properly executed tag to the carcass; or

(5) hunt a bird or animal that requires a tag without having in

his immediate possession the tag required to be attached to the

carcass of the bird or animal being hunted.

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

1975. Amended by Acts 1977, 65th Leg., p. 613, ch. 223, Sec. 5,

eff. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.

18, eff. Sept. 1, 1985.

Sec. 42.021. BAG LIMITS AND SEASON NOT AFFECTED. The provisions

of this chapter do not authorize any person to exceed any bag

limit or to hunt deer or turkey during a closed season, and the

attachment of deer or turkey tags as provided by this chapter is

not prima facie evidence that the deer or turkey was lawfully

killed.

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

1975. Amended by Acts 1977, 65th Leg., p. 613, ch. 223, Sec. 6,

eff. Sept. 1, 1977.

Sec. 42.022. ONE LICENSE FOR EACH YEAR. (a) No person may

acquire or possess more than one hunting license during a license

year. For purposes of this section, a violation does not occur

unless a person acquires or possesses more than one license

having the same expiration date.

(b) This section does not apply to the acquisition and

possession of a duplicate hunting license acquired as provided in

this chapter.

possession by a nonresident of more than one nonresident hunting

license if the nonresident does not acquire or possess during a

license year:

(1) more than one nonresident:

(A) general hunting license; or

(B) spring turkey hunting license; or

(2) both a nonresident general hunting license and a nonresident

spring turkey hunting license.

(d) For purposes of this section, a license year 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.

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

1975. Amended by Acts 1977, 65th Leg., p. 317, ch. 150, Sec. 4,

eff. Aug. 29, 1977; Acts 1987, 70th Leg., ch. 609, Sec. 5, eff.

Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 635, Sec. 3, eff. Sept.

1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 16, eff. June 16,

1995.

Sec. 42.023. HUNTING UNDER LICENSE OF ANOTHER. No person may

hunt under a license issued to another or permit another to hunt

under a license issued to him.

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

1975.

Sec. 42.024. EXHIBITING LICENSE. (a) No person required by the

provisions of this chapter to have a hunting license may fail or

refuse to show the license to an officer on demand.

(b) If on or before the trial of any person charged with a

violation of this section, the person produces for the court or

the prosecuting attorney the proper hunting license issued to the

person and valid at the time of the offense, the court having

jurisdiction of the suit shall dismiss the charge.

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

1975. Amended by Acts 1979, 66th Leg., p. 810, ch. 368, Sec. 1,

eff. Aug. 27, 1979.

Sec. 42.025. PENALTY. A person who violates any 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. 15,

eff. Sept. 1, 1985.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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