CHAPTER 61. UNIFORM WILDLIFE REGULATORY ACT

State Codes and Statutes

Statutes > Texas > Parks-and-wildlife-code > Title-5-wildlife-and-plant-conservation > Chapter-61-uniform-wildlife-regulatory-act

PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE B. HUNTING AND FISHING

CHAPTER 61. UNIFORM WILDLIFE REGULATORY ACT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 61.001. TITLE. This chapter may be cited as the Wildlife

Conservation Act of 1983.

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

1975. Amended by Acts 1983, 68th Leg., p. 22, ch. 9, art. I, Sec.

1, eff. Aug. 29, 1983.

Sec. 61.002. PURPOSE. The purpose of this chapter is to provide

a comprehensive method for the conservation of an ample supply of

wildlife resources on a statewide basis to insure reasonable and

equitable enjoyment of the privileges of ownership and pursuit of

wildlife resources. This chapter provides a flexible law to

enable the commission to deal effectively with changing

conditions to prevent depletion and waste of wildlife resources.

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

1975. Amended by Acts 1983, 68th Leg., p. 22, ch. 44, art. I,

Sec. 2, eff. Aug. 29, 1983.

Sec. 61.003. APPLICABILITY OF CHAPTER. This chapter applies to

every county, place, and wildlife resource in the state, except

as otherwise provided by this code.

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

1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 71, eff.

Sept. 1, 1997.

Sec. 61.005. DEFINITIONS. In this chapter:

(1) "Wildlife resources" means all wild animals, wild birds, and

aquatic animal life.

(2) "Depletion" means the reduction of a species below its

immediate recuperative potential by any cause.

(3) "Waste" means the failure to provide for the regulated

harvest of surplus wildlife resources when that harvest would

allow, promote, or optimize a healthy and self-sustaining

population of a species.

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

1975. Amended by Acts 1981, 67th Leg., p. 439, ch. 184, Sec. 2,

eff. Aug. 31, 1981; Acts 1981, 67th Leg., p. 2740, ch. 748, Sec.

2, eff. Sept. 1, 1981; Acts 1997, 75th Leg., ch. 1256, Sec. 72,

eff. Sept. 1, 1997.

Sec. 61.006. CRAYFISH. Except for Section 61.022 and Chapter 68

of this code, this chapter does not apply to crayfish, other than

in public water.

Added by Acts 1981, 67th Leg., p. 399, ch. 161, Sec. 3, eff. May

20, 1981.

SUBCHAPTER B. PROHIBITED ACTS

Sec. 61.021. TAKING WILDLIFE RESOURCES PROHIBITED. Except as

permitted under a proclamation issued by the commission under

this chapter, no person may hunt, catch, or possess a game bird

or game animal, fish, marine animal, or other aquatic life at any

time or in any place covered by this chapter.

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

1975. Amended by Acts 1981, 67th Leg., p. 506, ch. 213, Sec. 2,

eff. Aug. 31, 1981; Acts 1981, 67th Leg., p. 2740, ch. 748, Sec.

3, eff. Sept. 1, 1981.

Sec. 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF

LANDOWNER PROHIBITED. (a) No person may hunt or catch by any

means or method or possess a wildlife resource at any time and at

any place covered by this chapter unless the owner of the land,

submerged land, or water, or the owner's agent, consents.

(b) Except as provided by Subsection (c), a person who violates

Subsection (a) the first time commits an offense that is a Class

A Parks and Wildlife Code misdemeanor and is punishable in

addition by the revocation or suspension under Section 12.5015 of

hunting and fishing licenses and permits.

killing a desert bighorn sheep, pronghorn antelope, mule deer, or

white-tailed deer commits an offense that is a Parks and Wildlife

Code state jail felony and is punishable in addition by the

revocation or suspension under Section 12.5015 of hunting and

fishing licenses and permits.

(d) A second violation of Subsection (a) shall be classified as

one category higher than the first violation or a Parks and

Wildlife Code felony, whichever is lesser, and is punishable in

addition by the revocation or suspension under Section 12.5015 of

hunting and fishing licenses and permits.

(e) A third or subsequent violation of Subsection (a) shall be

classified as a Parks and Wildlife Code felony and is punishable

in addition by the revocation or suspension under Section 12.5015

of hunting and fishing licenses and permits.

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

1975. Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 2,

eff. Aug. 31, 1981; Acts 1981, 67th Leg., p. 2740, ch. 748, Sec.

3, eff. Sept. 1, 1981; Acts 1997, 75th Leg., ch. 1090, Sec. 1,

eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1256, Sec. 73, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 959, Sec. 6, eff. Sept.

1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1002, Sec. 2, eff. September 1, 2005.

Sec. 61.0221. DISPOSITION OF SEIZED PROPERTY. (a) If a person

is finally convicted of an offense under Section 61.022, the

court entering judgment may order that a weapon or other personal

property used in the commission of the offense be destroyed or

forfeited to the department.

(b) If the department receives a forfeiture order from a court

under this section, the department may:

(1) use the property in the department's normal operations;

(2) sell or transfer the property; or

(3) destroy the property.

forfeited property under this section in the game, fish, and

water safety account.

(d) This section does not apply to a vehicle, aircraft, or

vessel.

Added by Acts 2005, 79th Leg., Ch.

603, Sec. 1, eff. September 1, 2005.

Sec. 61.023. APPLYING CONTRACEPTIVES TO WILDLIFE RESOURCES. No

person may intentionally apply contraceptives to any vertebrate

wildlife resource unless the person first obtains written

authorization from the department.

Added by Acts 1997, 75th Leg., ch. 1256, Sec. 74, eff. Sept. 1,

1997.

SUBCHAPTER C. REGULATORY DUTIES

Sec. 61.051. DUTY TO INVESTIGATE AND STUDY CERTAIN WILDLIFE

RESOURCES. (a) The department shall conduct scientific studies

and investigations of all species of game animals, game birds,

and aquatic animal life to determine:

(1) supply;

(2) economic value;

(3) environments;

(4) breeding habits;

(5) sex ratios; and

(6) effects of any factors or conditions causing increases or

decreases in supply.

(b) The studies and investigations may be made periodically or

continuously.

studies and investigations of the department.

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

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

Sept. 1, 1997.

Sec. 61.052. GENERAL REGULATORY DUTY. (a) The commission shall

regulate the periods of time when it is lawful to hunt, take, or

possess game animals, game birds, or aquatic animal life in or

from the places covered by this chapter.

(b) The commission shall regulate the means, methods, and places

in which it is lawful to hunt, take, or possess game animals,

game birds, or aquatic animal life in or from the places covered

by this chapter.

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

1975. Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 3,

eff. Aug. 31, 1981; Acts 1997, 75th Leg., ch. 1256, Sec. 76, eff.

Sept. 1, 1997.

Sec. 61.053. OPEN SEASONS. The commission shall provide open

seasons for the hunting, taking, or possession of game animals,

game birds, or aquatic animal life if its investigations and

findings of fact reveal that open seasons may be safely provided

or if the threat of waste requires an open season to conserve

game animals, game birds, or aquatic animal life.

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

1975. Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 3,

eff. Aug. 31, 1981; Acts 1997, 75th Leg., ch. 1256, Sec. 77, eff.

Sept. 1, 1997.

Sec. 61.054. PROCLAMATIONS OF THE COMMISSION. (a) Regulation

of the hunting, taking, or possession of game animals, game

birds, or aquatic animal life under this chapter shall be by

proclamation of the commission.

(b) A proclamation of the commission authorizing the hunting,

taking, or possession of game animals, game birds, or aquatic

animal life must specify:

(1) the species, quantity, age or size, and, to the extent

possible, the sex of the game animals, game birds, or aquatic

animal life authorized to be hunted, taken, or possessed;

(2) the means or method that may be used to hunt, take, or

possess the game animals, game birds, or aquatic animal life; and

(3) the region, county, area, body of water, or portion of a

county where the game animals, game birds, or aquatic animal life

may be hunted, taken, or possessed.

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

1975. Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 3,

eff. Aug. 31, 1981; Acts 1997, 75th Leg., ch. 1256, Sec. 78, eff.

Sept. 1, 1997.

Sec. 61.055. AMENDMENTS AND REVOCATIONS. (a) If the commission

finds that there is a danger of depletion or waste, it shall

amend or revoke its proclamations to prevent the depletion or

waste and to provide to the people the most equitable and

reasonable privilege to hunt game animals or game birds or catch

aquatic animal life.

(b) The commission may amend or revoke its proclamations at any

time it finds the facts warrant a change.

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

1975. Amended by Acts 1981, 67th Leg., p. 507, ch. 213, Sec. 3,

eff. Aug. 31, 1981; Acts 1997, 75th Leg., ch. 1256, Sec. 79, eff.

Sept. 1, 1997.

Sec. 61.056. PROCLAMATIONS CONCERNING CERTAIN DEER AND ANTELOPE.

A proclamation of the commission authorizing the taking of

antlerless deer or antelope in this state is not effective for a

specific tract of land unless the landowner or the landowner's

agent agrees in writing to the number of antlerless deer or

antelope permits authorized for the property.

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. 3,

eff. Aug. 31, 1981; Acts 1997, 75th Leg., ch. 863, Sec. 4, eff.

Sept. 1, 1997.

Sec. 61.057. ANTLERLESS DEER AND ANTELOPE. (a) Except as

provided in Subsection (c) of this section, no person may hunt an

antlerless deer or antelope in this state without first having

acquired an antlerless deer or antelope permit issued by the

department on a form provided by the department.

(b) The permit may be distributed by the landowner or

landowner's agent for land which is subject to an agreement under

Section 61.056 of this code. A landowner or landowner's agent may

distribute permits only for the land the person owns or the land

for which the person is an agent.

antlerless deer or antelope in this state without a permit. The

proclamation allowing hunting without a permit must be specific

as to the county or portion of a county to which it applies.

(d) No person may sell or trade a permit authorized by this

section for anything of value.

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. 4,

5, eff. Aug. 31, 1981; Acts 1997, 75th Leg., ch. 863, Sec. 5,

eff. Sept. 1, 1997.

Sec. 61.058. YOUTH HUNTING AND FISHING. (a) The commission may

provide for special open seasons during which the taking and

possession of game animals and game birds are restricted to

persons under 17 years old.

(b) The commission may provide for special means and methods for

the taking and possession of aquatic animal life by persons under

17 years old.

Added by Acts 1997, 75th Leg., ch. 1256, Sec. 80, eff. Sept. 1,

1997.

Sec. 61.060. DEFENSE TO PROSECUTION: HUMANE DISPATCH OF CERTAIN

GAME ANIMALS AND BIRDS. (a) In this section:

(1) "Dispatch" means to kill by any humane method.

(2) "Game animal" has the meaning assigned by Section 63.001.

(3) "Game bird" has the meaning assigned by Section 64.001.

(b) It is a defense to prosecution for a violation of this

chapter or of a regulation adopted or proclamation issued under

the authority of this chapter by the commission that the actor

dispatched a game animal or game bird that:

(1) was mortally wounded, not through the actor's conduct; or

(2) behaved in a manner that:

(A) is inconsistent with the manner in which a game animal or

game bird that is not diseased typically behaves; and

(B) leads a reasonable person to believe that the game animal or

game bird poses a substantial risk of serious harm to itself, a

person, or other wildlife.

the disposition of a game animal or a game bird that has been

dispatched under this section, to implement this section.

Added by Acts 2005, 79th Leg., Ch.

157, Sec. 1, eff. May 24, 2005.

SUBCHAPTER D. ADMINISTRATIVE PROCEDURES

Sec. 61.101. LOCAL HEARING ON PROCLAMATION. (a) Before a

proclamation of the commission may be adopted, the department

shall hold public hearings in the county to be affected by the

proclamation if the director or the director's designee receives

a petition for a public hearing signed by not less than 25

persons who reside in the county.

(b) The hearing may be conducted by a member of the commission

or by any designated employee of the department. This subsection

does not require the presence of a member at any local hearing.

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. 58,

eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 81, eff.

Sept. 1, 1997.

Sec. 61.102. NOTICE ON LOCAL HEARING. Notice of the hearing

must be given in a newspaper published in the county in which the

hearing is to be held at least 10 days before the date of the

hearing. If no newspaper is published in the county in which the

hearing is to be held, the notice must be given in a newspaper

published in an adjoining county and having wide circulation in

the county in which the hearing is to be held.

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. 59,

eff. Sept. 1, 1985.

Sec. 61.103. ADOPTION OF PROCLAMATIONS. (a) A proclamation

under this chapter must be adopted by a quorum of the commission

at a meeting of the commission held in the commission's office in

Austin.

(b) A proclamation may be adopted at any special or regular

meeting of the commission, for which the date and time are

designated by the commission.

heard at the meeting and may introduce evidence on the imminence

of depletion or waste.

(d) For the purpose of adopting a proclamation under this

chapter, a quorum of the commission is five members.

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. 60,

eff. Sept. 1, 1985.

Sec. 61.104. EFFECTIVE DATE AND DURATION OF PROCLAMATIONS. (a)

Except as provided in Subsection (b) of this section, a

proclamation takes effect at the time determined by the

commission. The time designated by the commission may not be

earlier than 20 days after the day the proclamation is adopted by

the commission.

(b) If the commission finds that there is an immediate danger of

depletion in any area as to a species, the commission may declare

a state of emergency, and a proclamation issued under the state

of emergency takes effect on issuance.

it expires by its own terms or until it is amended or repealed.

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

1975. Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art. 2,

Sec. 1, eff. Sept. 1, 1979.

Sec. 61.106. JUDICIAL REVIEW OF PROCLAMATION. (a) The venue

for any suit challenging the validity of a proclamation of the

commission under this chapter is in Travis County.

(b) The party complaining of a proclamation has the burden of

proof to show invalidity.

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

1975.

SUBCHAPTER E. PROVISIONS AFFECTING LIMITED AREAS

Sec. 61.201. LIVINGSTON DAM FISHING PLATFORM. (a) No person

may permanently anchor a barge, boat, or other fishing platform

on the Trinity River downstream from the Livingston Dam within

the area between the restricted area boundary that is 1,000 feet

from the dam and a point 1,500 feet downstream from the dam. A

barge, boat, or other fishing platform is considered permanently

anchored if it is anchored in the described area:

(1) for more than 10 hours in a 24-hour period without moving

100 feet or more during that time; or

(2) for five or more consecutive days, whether or not it has

been moved.

(b) No person may leave a barge, boat, or other fishing platform

unattended for any period of time if the barge, boat, or platform

is within the area described in Subsection (a) of this section.

unattended for any period of time within the area described in

Subsection (a) of this section may be impounded and may be

reclaimed only by payment of both the fine imposed under this

chapter and the cost of impoundment.

(d) Property impounded under this section that has not been

claimed within the time period specified in Section 683.002,

Transportation Code, for disposition of an abandoned automobile

is considered abandoned and may be disposed of in the same manner

as an abandoned automobile in accordance with Chapter 683 of that

code.

(e) This section may be enforced by any peace officer listed in

Article 2.12, Code of Criminal Procedure.

Added by Acts 1993, 73rd Leg., ch. 130, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.234, eff.

Sept. 1, 1997.

Sec. 61.204. BIGHORN SHEEP COOPERATIVE AGREEMENTS. The

department may enter into cooperative agreements with landowners

for the purpose of restoring, protecting, and managing bighorn

sheep. A cooperative agreement may provide that any person

holding a valid bighorn sheep hunting permit may hunt on land

owned by the landowner and covered by the cooperative agreement.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 61, eff.

Sept. 1, 1985.

Sec. 61.205. BIGHORN SHEEP HUNTING PERMITS. (a) No person may

hunt a bighorn sheep without first having acquired a bighorn

sheep hunting permit issued by the department on a form provided

by the department. A holder of a bighorn sheep hunting permit may

hunt only on those lands for which the permit is valid.

(b) The permit may be distributed by the department or by a

party to a cooperative agreement with the department for the

restoration, protection, and management of bighorn sheep. A party

to a cooperative agreement may distribute permits only for land

that he owns or is in charge of or that is designated in the

cooperative agreement.

to parties to a cooperative agreement and other members of the

public by means of a fair method, subject to the limitations of

the maximum number of permits to be issued.

(d) The department may authorize the sale, trade, auction, or

donation of a bighorn sheep hunting permit if the proceeds of the

sale, trade, auction, or donation are used to restore, protect,

or manage bighorn sheep.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 61, eff.

Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, Sec.

82, eff. Sept. 1, 1997.

Sec. 61.206. BIGHORN SHEEP IDENTIFICATION. A person may not

possess a mounted or unmounted head of a bighorn sheep taken in

this state unless identification items and tags are attached as

prescribed by the commission. The commission may establish fees

for tags or other identification items issued under this section.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 61, eff.

Sept. 1, 1985.

SUBCHAPTER F. PENALTIES

Sec. 61.901. PENALTIES. (a) Except as provided in this

section, a person who violates any provision of this chapter or

any proclamation or regulation of the commission issued under the

authority of this chapter commits an offense that is a Class C

Parks and Wildlife Code misdemeanor.

(b) A person who violates a proclamation of the commission

relating to the daily catch, retention, and size limits for

redfish or speckled sea trout taken for noncommercial purposes is

guilty of an offense and is punishable for the first and

subsequent offenses by the penalties prescribed by Sections

66.2011(d) and 66.218 of this code.

June 18, 2005.

(d) If it is shown at the trial of the defendant for a violation

of a proclamation of the commission that regulates the use and

possession of nets, seines, trawls, traps, or other devices used

for catching aquatic life, except shrimp, in the inside water of

this state that he has been convicted within five years before

the trial date of a violation of the proclamation for which he is

being prosecuted, on conviction he shall be punished for a Class

B Parks and Wildlife Code misdemeanor.

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

1975. Amended by Acts 1977, 65th Leg., p. 381, ch. 190, Sec. 1,

2, eff. May 20, 1977; Acts 1981, 67th Leg., p. 507, ch. 213, Sec.

4, eff. Aug. 31, 1981; Acts 1981, 67th Leg., p. 2698, ch. 735,

Sec. 1, eff. Aug. 31, 1981; Acts 1981, 67th Leg., p. 2740, ch.

748, Sec. 4, eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 970,

ch. 229, Sec. 3, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch.

267, art. 3, Sec. 39, eff. Sept. 1, 1985.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 32(1), eff. June 18, 2005.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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