CHAPTER 44. GAME BREEDER'S LICENSE

State Codes and Statutes

Statutes > Texas > Parks-and-wildlife-code > Title-5-wildlife-and-plant-conservation > Chapter-44-game-breeder-s-license

PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE A. HUNTING AND FISHING LICENSES

CHAPTER 44. GAME BREEDER'S LICENSE

Sec. 44.001. DEFINITIONS. In this chapter:

(1) "Game breeder" means a person holding a valid game breeder's

license.

(2) "Captivity" means the keeping of game animals in an

enclosure suitable for and capable of retaining the animal it is

designed to retain at all times under reasonable and ordinary

circumstances and to prevent entry by another animal.

(3) "Game animal" means a pronghorn antelope, a collared peccary

or javelina, or a red or gray squirrel.

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

1975.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 10, eff. June 18, 2005.

Sec. 44.002. LICENSE REQUIREMENT. No person may sell, place in

captivity, or engage in the business of propagating any game

animal of this state unless the person has obtained a license

issued under this chapter from the department.

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. 9,

eff. Sept. 1, 1975.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 11, eff. June 18, 2005.

Sec. 44.003. GAME BREEDER'S LICENSE. The department shall issue

a game breeder's license on payment of a license fee of $10 or an

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

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 1975, 64th Leg., p. 1209, ch. 456, Sec. 9,

eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 1331, ch. 277, Sec.

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

Sec. 27, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 365, Sec.

1, eff. May 31, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 45,

eff. June 16, 1995.

Sec. 44.004. REISSUANCE OF LICENSE. A game breeder's license

may not be issued to a previous licensee unless the licensee has

filed with the department a copy of the record required by

Section 44.007 of this code with an affidavit made before an

officer qualified to administer oaths that the copy is true and

correct.

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

1975.

Sec. 44.005. SERIAL NUMBER. (a) The department shall issue a

serial number to the applicant at the time of the first issuance

of a game breeder's license to the applicant. The same serial

number shall be assigned to the licensee whenever he holds a game

breeder's license.

(b) The game breeder shall place a suitable permanent tag

bearing the game breeder's serial number on the ear of each

pronghorn antelope or collared peccary or javelina held in

captivity by the game breeder.

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. 50,

eff. Sept. 1, 1985.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 12, eff. June 18, 2005.

Sec. 44.006. LICENSE PRIVILEGES. The holder of a valid game

breeder's license may:

(1) engage in the business of game breeding in the immediate

locality for which the license was issued; or

(2) sell or hold in captivity for the purpose of propagation or

sale a game animal.

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

1975. Amended by Acts 1981, 67th Leg., p. 1860, ch. 439, Sec. 2,

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

51, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 607, Sec. 1,

eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 863, Sec. 3, eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 13, eff. June 18, 2005.

Sec. 44.007. RECORDS. (a) Each game breeder shall keep a

written record in a suitably bound book for the period from

August 1 until the following July 31 or another yearly period

established by the commission containing:

(1) the number and source of each kind of game animal on hand at

the time the license is issued;

(2) the number, source, and date of receipt of each kind of game

animal on hand at any time after the license is obtained;

(3) the number of each kind of game animal shipped or delivered,

the date of shipment or delivery, and the name and address of

persons to whom the shipment or delivery is made; and

(4) any other information determined by the commission to be

necessary to enforce the provisions of this chapter.

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

year, but before August 31 or another date established by the

commission, a game breeder shall send to the department a report

showing the information required by this section.

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

1975. Amended by Acts 1993, 73rd Leg., ch. 365, Sec. 2, eff. May

31, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 46, eff. June 16,

1995.

Sec. 44.008. ENCLOSURE SIZE. A single enclosure for any game

animal may not contain more than 320 acres.

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

1975.

Sec. 44.009. INSPECTION. An authorized employee of the

department may inspect at any time and without warrant any pen,

coop, or enclosure holding a game animal.

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

1975.

Sec. 44.010. SHIPMENT OF GAME ANIMALS. (a) A common carrier

may not accept a live game animal unless the game animal is one

listed in Section 44.006(2) of this code and the shipment is made

by a game breeder.

(b) No person, except a game breeder or his authorized agent,

may transport or ship a live game animal unless he obtains a

permit for shipment or transportation from the department.

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

1975.

Sec. 44.011. PURCHASE AND SALE OF LIVE GAME ANIMALS. (a) Only

game animals that are in a healthy condition may be sold,

bartered, or exchanged, or offered for sale, barter, or exchange

by a game breeder.

(b) No person may purchase or accept in this state a live game

animal unless:

(1) the game animal bears a tag required by Section 44.005 of

this code and is delivered or sold by a game breeder; or

(2) the game animal is delivered by a common carrier from

outside this state.

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

1975.

Sec. 44.012. SALE DURING OPEN SEASON. A game animal held under

the authority of a license issued under this subchapter may not

be sold, traded, transferred, or shipped to any person in any

county during an open season in the county of destination for

taking the game animal or during a period of 10 days before the

open season.

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. 52,

eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 48, eff.

Sept. 1, 1997.

Sec. 44.0125. PROHIBITED ACTS. It is an offense if:

(1) a licensed game breeder takes, traps, or captures or

attempts to take or capture game animals from the wild;

(2) a licensed game breeder allows the hunting or killing of a

game animal held in captivity under the provisions of this

chapter; or

(3) a person fails to furnish to a game warden commissioned by

the department information as to the source from which game

animals held in captivity were derived.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 53, eff.

Sept. 1, 1985.

Sec. 44.013. USE OF PURCHASED GAME ANIMALS. (a) Except as

provided in Subsection (b) of this section, game animals listed

in Subdivision (2) of Section 44.006 of this code may be

purchased or received in this state only for the purpose of

liberation for stocking purposes or holding for propagation

purposes. All game animals listed in Subdivision (2) of Section

44.006 of this code and increase from those game animals are

under the full force of the laws of this state pertaining to wild

game and the game animals may be held in captivity for

propagation in this state only after a license is issued by the

department under this chapter.

(b) Any game animal may be held, taken, or received for

scientific and zoological purposes under a permit issued by the

department pursuant to Section 43.022 of 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. 1, Sec. 54,

eff. Sept. 1, 1985.

Sec. 44.014. APPLICATION OF GENERAL LAWS. In order that native

game species may be preserved, game animals held under a game

breeder's license are subject to all laws and regulations of this

state pertaining to wild game animals except as specifically

provided in this chapter.

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

1975.

Sec. 44.015. RIGHT OF DEPARTMENT. The department or an

authorized employee of the department may take, possess, hold,

transport, or propagate any game animal of this state for public

purposes.

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

1975.

Sec. 44.016. 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. 29,

eff. Sept. 1, 1985.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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