CHAPTER 46. FISHING LICENSES

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PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE A. HUNTING AND FISHING LICENSES

CHAPTER 46. FISHING LICENSES

SUBCHAPTER A. GENERAL FISHING LICENSE

Sec. 46.001. PROHIBITED ACTS. No person may fish in the public

water of this state, or unload in this state fish or other

aquatic life taken for sporting purposes from waters managed by

the Gulf of Mexico Fishery Management Council established under

the Fishery Conservation and Management Act of 1976 (16 U.S.C.

Section 1801 et seq.), unless he has acquired a fishing license

issued under this subchapter, except as provided by Sections

46.0012 and 46.002. The commission by rule may prescribe

requirements relating to possessing a license required by this

subchapter.

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. 29,

eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 799, Sec. 1, eff.

June 15, 1989; Acts 1995, 74th Leg., ch. 931, Sec. 49, eff. June

16, 1995.

Amended by:

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

1159, Sec. 42, eff. September 1, 2007.

Sec. 46.0011. RESIDENT AND NONRESIDENT DEFINED. (1) "Resident"

means:

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

more than six months immediately before applying for a fishing

license required by this chapter;

(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.

Added by Acts 1977, 65th Leg., p. 1110, ch. 409, Sec. 1, eff.

Aug. 29, 1977. Amended by Acts 1991, 72nd Leg., ch. 301, Sec. 2,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 838, Sec. 21, eff.

July 15, 1993.

Sec. 46.0012. FREE SPORTFISHING DAY. On the first Saturday in

June of each year, a fishing license is not required of any

person fishing for sporting purposes in public water. This

section is limited to license requirements and does not affect

other provisions of this code relating to the taking or

possession of fish for sporting purposes.

Added by Acts 1989, 71st Leg., ch. 799, Sec. 2, eff. June 15,

1989.

Sec. 46.002. EXEMPTIONS. (a) A license issued under this

chapter is not required of a person:

(1) who is a resident and whose birth date is before September

1, 1930;

(2) who is a nonresident, if the person's birth date is before

September 1, 1930, and the person's state of residence grants a

similar age exemption to Texas residents;

(3) who is mentally disabled and who is engaging in recreational

fishing as part of medically approved therapy, and who is fishing

under the immediate supervision of personnel approved or employed

by a hospital, residence, or school for mentally disabled

persons;

(4) who is mentally retarded and is engaged in recreational

fishing under the immediate supervision of a person who:

(A) holds a license issued under this chapter; and

(B) has the permission of the mentally retarded person's family

head or legal guardian to take the mentally retarded person

fishing if the person is not a member of the family of the

mentally retarded person; or

(5) who is participating in an event that is sponsored or

co-sponsored by the Texas Parks and Wildlife Department with the

approval of the Executive Director.

(b) The mentally disabled person recreationally fishing under

Subsection (a)(3) shall carry an authorization identifying the

entity supplying the service. This authorization may be in the

form of a tag that contains the name of the sponsoring entity.

fishing under Subsection (a)(4) must carry a note from a doctor

stating that the person has been diagnosed as mentally retarded.

Added by Acts 1987, 70th Leg., ch. 27, Sec. 1, eff. April 22,

1987. Amended by Acts 1989, 71st Leg., ch. 1153, Sec. 1, eff.

Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 838, Sec. 22, eff. July

15, 1993; Acts 1995, 74th Leg., ch. 629, Sec. 2, eff. Sept. 1,

1995; Acts 2001, 77th Leg., ch. 1058, Sec. 1, eff. Sept. 1, 2001.

Sec. 46.004. LICENSE FEES. (a) The resident fishing license

fee is $8 or an amount set by the commission, whichever amount is

more.

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

license requirement for:

(1) a resident who has a general commercial fisherman's license

of this state;

(2) a resident who is blind as defined by Section 94.001, Human

Resources Code;

(3) a resident or nonresident who is under 17 years old; or

(4) a resident or nonresident who is 65 years old or over.

veteran as defined by Section 42.012 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.

(d) The department may issue a lifetime resident fishing license

to residents of this state. The fee for this license is $300 or

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

(e) The nonresident fishing license fee is $15 or an amount set

by the commission, whichever amount is more.

(f) The commission may establish collection and issuance fees

for licenses and tags issued under this chapter.

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

1975. Amended by Acts 1977, 65th Leg., p. 1110, ch. 409, Sec. 2,

eff. Aug. 29, 1977; Acts 1977, 65th Leg., p. 1475, ch. 599, Sec.

1, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 1397, ch. 623,

Sec. 3, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 2607, ch.

695, Sec. 2, eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 1331,

ch. 277, Sec. 19, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch.

267, art. 2, Sec. 30, eff. Sept. 1, 1986; Acts 1987, 70th Leg.,

ch. 27, Sec. 2, eff. April 22, 1987; Acts 1995, 74th Leg., ch.

629, Sec. 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 931,

Sec. 80, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 840, Sec.

2, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

145, Sec. 2, eff. September 1, 2005.

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

243, Sec. 2, eff. May 25, 2007.

Sec. 46.0045. TAG FEES. The commission by rule may establish

fees for initial and duplicate tags issued under this subchapter.

Added by Acts 1993, 73rd Leg., ch. 457, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 50, eff.

June 16, 1995.

Sec. 46.005. TEMPORARY SPORTFISHING LICENSES. (a) Any person

who is a Texas resident or other person designated by the

commission is entitled to receive from the department a license

allowing fishing for sporting purposes in public water for a

period of 14 consecutive days or other period set by the

commission. The commission may authorize the issuance of more

than one type of license under this subsection and may prescribe

the categories of persons to whom the licenses may be issued.

(b) The fee for a temporary sportfishing license is an amount

set by the commission.

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

1975. Amended by Acts 1981, 67th Leg., p. 2607, ch. 695, Sec. 2,

eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 1331, ch. 277, Sec.

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

Sec. 31, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, Sec.

51, eff. June 16, 1995.

Sec. 46.0051. TEMPORARY NONRESIDENT LICENSES. (a) A

nonresident or other person designated by the commission is

entitled to receive from the department a license allowing

fishing for sporting purposes in public water for a period of

five consecutive days or other period set by the commission. The

commission may authorize the issuance of more than one type of

license under this subsection and may prescribe the categories of

persons to whom the licenses may be issued.

(b) The fee for a license is an amount set by the commission.

Added by Acts 1977, 65th Leg., p. 1110, ch. 409, Sec. 3, eff.

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

Sec. 4, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 1331, ch.

277, Sec. 21, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267,

art. 2, Sec. 32, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch.

931, Sec. 52, eff. June 16, 1995.

Sec. 46.006. DUPLICATE LICENSE OR TAG. (a) If a license issued

under this subchapter is lost or destroyed, a license deputy may

issue a duplicate license on application of the license holder

and receipt of $5 or an amount set by the commission, whichever

amount is more. If a tag issued under this subchapter is lost or

destroyed, a license deputy may issue a duplicate tag on

application of the tag holder and payment of a fee set by the

commission under Section 46.0045 of this code.

(b) The application for a duplicate license or tag must be an

affidavit containing:

(1) a statement of fact concerning the loss or destruction of

the license or tag; and

(2) any other information which the commission by regulation may

prescribe as necessary.

June 16, 1995.

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

1975. Amended by Acts 1983, 68th Leg., p. 1332, ch. 277, Sec. 22,

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

33, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 457, Sec. 2,

eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 838, Sec. 23, eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 53, 80, eff.

June 16, 1995.

Sec. 46.007. EXPIRATION OF LICENSES AND TAGS. (a) Except as

provided by Subsections (b), (c), (d), (e), and (f) of this

section, a license required or authorized by this subchapter is

valid only during the yearly period for which it is issued

without regard to the date on which the license is acquired. 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.

(b) A license issued under Section 46.005 or 46.0051 of this

code is valid for the number of consecutive days authorized and

does not necessarily expire on August 31 or another date set by

the commission.

subchapter is valid for a period as established by the

commission.

(d) A license issued under Section 46.004 of this code that is

issued before September 1 or another date set by the commission

and does not expire until August 31 of the following 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.

(e) A lifetime resident fishing license is valid for the

lifetime of the license holder.

(f) A duplicate license is valid for the period of validity of

the original license only.

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

1975. Amended by Acts 1977, 65th Leg., p. 1110, ch. 409, Sec. 4,

eff. Aug. 29, 1977; Acts 1977, 65th Leg., p. 1536, ch. 626, Sec.

1, eff. Aug. 29, 1977; Acts 1993, 73rd Leg., ch. 457, Sec. 2,

eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 838, Sec. 24, eff.

July 15, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 54, eff. June

16, 1995.

Sec. 46.008. LICENSE INFORMATION. A license issued under this

subchapter must contain information determined by the commission

to be necessary.

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

1975. Amended by Acts 1977, 65th Leg., p. 1476, ch. 599, Sec. 2,

eff. Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 473, Sec. 2, eff.

Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 457, Sec. 2, eff. Sept.

1, 1993; Acts 1993, 73rd Leg., ch. 838, Sec. 25, eff. Sept. 1,

1993.

Sec. 46.0085. FORM AND ISSUANCE OF LICENSES AND TAGS. (a) The

department shall issue and prescribe the form and manner of

issuance of the licenses and tags authorized by this chapter. The

commission by rule may prescribe identification and compliance

requirements.

(b) A license and tag issued under this chapter is not valid

until the person to whom it is issued completes all required

information on the license and tag.

law to be taken during each year or season from coastal waters of

the state to holders of licenses authorizing the taking of

finfish species or to other categories of persons.

Added by Acts 1991, 72nd Leg., ch. 473, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 457, Sec. 2, eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 55, eff. June

16, 1995.

Sec. 46.0086. FINFISH TAGS: PROHIBITED ACTS. (a) No person may

purchase or use more finfish tags during a license year than the

number and type authorized for the year by the commission,

excluding duplicate tags issued under Section 46.006 of this

code.

(b) Except as provided by Subsection (c), no person may:

(1) use the same finfish tag on more than one finfish;

(2) use a finfish tag issued in the name of another;

(3) use a tag on a finfish for which another tag is specifically

required; or

(4) take a finfish required to be tagged and fail to immediately

attach a properly executed tag to the finfish in the manner

prescribed by the commission.

requirements of this section.

Added by Acts 1993, 73rd Leg., ch. 457, Sec. 2, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 56, eff.

June 16, 1995.

Sec. 46.013. ISSUANCE OR ACCEPTANCE OF LICENSE. No person may

issue or accept a license or tag required by this subchapter

except on a form provided by the department.

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

1975. Amended by Acts 1993, 73rd Leg., ch. 457, Sec. 2, eff.

Sept. 1, 1993.

Sec. 46.014. FISHING UNDER THE LICENSE OF ANOTHER. No person

may fish under a license issued to another or allow another

person to fish under a license issued to him.

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

1975. Amended by Acts 1993, 73rd Leg., ch. 457, Sec. 2, eff.

Sept. 1, 1993.

Sec. 46.015. PENALTY. (a) A person who violates a provision of

this subchapter or, except as provided by Subsection (b) of this

section, who fails or refuses to show an officer his license or

tag on the request of the officer commits an offense that is a

Class C Parks and Wildlife Code misdemeanor.

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

failure or refusal to show an officer a license or tag issued

under this subchapter, the person produces for the court or the

prosecuting attorney the proper fishing license or tag 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; Acts 1985, 69th Leg., ch. 267, art. 3, Sec.

31, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 457, Sec. 2,

eff. Sept. 1, 1993.

SUBCHAPTER B. LAKE TEXOMA FISHING LICENSE

Sec. 46.101. LAKE TEXOMA. This subchapter applies only to Lake

Texoma, which is the portion of this state inundated by the water

impounded by a dam across the channel of the Red River, known as

Denison Dam, and any other portion of that area of land acquired

by the United States for the operation of the reservoir.

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

1975.

Sec. 46.102. FISHING LICENSE REQUIRED. Except as provided in

this subchapter, no person may catch fish in Lake Texoma unless

he has acquired a license issued under this subchapter. The

commission by rule may prescribe requirements relating to

possessing a license required by this subchapter.

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

1975. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 57, eff.

June 16, 1995.

Sec. 46.103. EXEMPTIONS. Residents of this state engaged in

fishing within the territorial boundaries of this state are not

required to obtain a license issued under this subchapter.

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

1975.

Sec. 46.104. LICENSE: PERIOD OF VALIDITY AND FEE. (a) A Lake

Texoma fishing license is valid until December 31 following its

date of issuance.

(b) The fee for the license is $5.75 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 1979, 66th Leg., p. 1400, ch. 623, Sec. 12,

eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 1332, ch. 277, Sec.

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

Sec. 34, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, Sec.

58, eff. June 16, 1995.

Sec. 46.105. LAKE TEXOMA 10-DAY FISHING LICENSE. (a) A Lake

Texoma 10-day fishing license is valid for 10 consecutive days

including the date of issuance.

(b) The fee for the license is $1.25 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 1985, 69th Leg., ch. 267, art. 2, Sec. 35,

eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 931, Sec. 59, eff.

June 16, 1995.

Sec. 46.106. FORM OF LICENSE. Licenses issued under this

subchapter shall be on the form prescribed by the department and

must contain information necessary for enforcement of this

subchapter as required by the department.

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

1975. Amended by Acts 1993, 73rd Leg., ch. 838, Sec. 26, eff.

Sept. 1, 1993.

Sec. 46.108. DIVISION OF FEES. The department shall keep

separate and strict account of the revenue received from licenses

issued under this subchapter for annual division between this

state and the State of Oklahoma. The division shall be on a basis

of the proportionate area of Lake Texoma lying within the

territorial jurisdiction of the respective states.

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

1975.

Sec. 46.109. PAYMENT BY COMPTROLLER. On February 1 of each year

the comptroller shall pay to the state of Oklahoma 70 percent of

the revenue collected from licenses issued under this subchapter

during the previous calendar year.

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

1975.

Sec. 46.110. PENALTY. A person who violates a provision of this

subchapter 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. 32,

eff. Sept. 1, 1985.

Sec. 46.111. EFFECTIVE DATE OF SUBCHAPTER. This subchapter does

not become effective until:

(1) the State of Oklahoma makes provision for the sale of

licenses in Oklahoma that are parallel to the licenses authorized

by this subchapter;

(2) the State of Oklahoma provides for payment to this state of

not less than 30 percent of all revenue collected by Oklahoma for

the licenses; and

(3) the department is satisfied that this subchapter and the

provisions of Oklahoma law are not in conflict and directs that

this subchapter is effective.

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

1975.

State Codes and Statutes

State Codes and Statutes

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State Codes and Statutes

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