CHAPTER 81. MANAGEMENT AREAS AND PRESERVES: GENERAL AUTHORITY

State Codes and Statutes

Statutes > Texas > Parks-and-wildlife-code > Title-5-wildlife-and-plant-conservation > Chapter-81-management-areas-and-preserves-general-authority

PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE E. WILDLIFE MANAGEMENT AREAS, SANCTUARIES, AND PRESERVES

CHAPTER 81. MANAGEMENT AREAS AND PRESERVES: GENERAL AUTHORITY

SUBCHAPTER A. ACTS PROHIBITED IN WILDLIFE PROTECTION AREAS

Sec. 81.001. TAKING OF WILDLIFE FROM HATCHERIES AND RESERVATIONS

PROHIBITED. No person may take, injure, or kill any fish kept by

the state in its hatcheries, or any bird or animal kept by the

state on its reservation grounds or elsewhere for propagation or

exhibition purposes.

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. 90,

eff. Sept. 1, 1985.

Sec. 81.003. TRESPASS ON STATE HATCHERIES AND RESERVATIONS. No

person may enter without the permission of the department on the

grounds of a state fish hatchery or on grounds set apart by the

state for the propagation and keeping of birds and animals.

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. 91,

eff. Sept. 1, 1985.

Sec. 81.004. FISHING IN SANCTUARY. No person may fish or

attempt to take fish from a fish sanctuary designated under

Subchapter C of this chapter.

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. 92,

eff. Sept. 1, 1985.

Sec. 81.006. TAKING OR POSSESSING SPECIES FROM WILDLIFE

MANAGEMENT AREAS. No person may take or attempt to take or

possess any wildlife or fish from a wildlife management area

except in the manner and during the times permitted by the

department under Subchapter E of this chapter.

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. 93,

eff. Sept. 1, 1985.

Sec. 81.007. PENALTY. A person who violates a provision of this

subchapter commits an offense that is a Class C Parks and

Wildlife Code misdemeanor.

Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 94, eff.

Sept. 1, 1985.

SUBCHAPTER B. FISH HATCHERIES

Sec. 81.101. SALTWATER AREAS. The commission may construct and

maintain saltwater hatcheries and propagation farms for fish,

oysters, and game on islands owned by the state in coastal water.

Funds available to the department for the enforcement of game,

fish, and oyster laws may be used for costs and expenses

authorized under this section.

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

1975.

Sec. 81.102. FRESHWATER AREAS. The department may purchase land

for the construction, maintenance, enlargement, and operation of

freshwater fish hatcheries, and for the construction and

maintenance of passes leading from one body of tidewater to

another. On approval of the title by the attorney general,

purchases may be made from funds appropriated to the department.

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

1975.

Sec. 81.103. PROPERTY ACQUISITION; MANNER AND MEANS. The

department may enter on, condemn, and appropriate land,

easements, rights-of-way, and property of any person or

corporation in the state for the purpose of erecting,

constructing, enlarging, and maintaining fish hatcheries,

buildings, equipment, roads, and passageways to the hatcheries.

The department may also enter on, condemn, and appropriate land,

easements, rights-of-way, and property of any person or

corporation in the state for the purpose of constructing,

enlarging, and maintaining passes or channels from one body of

tidewater to another body of tidewater in the state. The manner

and method of condemnation, assessment, and payment of damages is

the same as is provided for railroads.

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

1975.

Sec. 81.104. CONDEMNATION SUITS. Condemnation suits under this

subchapter shall be brought in the name of the State of Texas by

the attorney general at the request of the department and shall

be held in Travis County. All costs in the proceedings shall be

paid by the state or by the person against whom the proceedings

are had, to be determined as in the case of railroad condemnation

proceedings. All damages and pay or compensation for property

awarded in the proceedings shall be paid by the comptroller

against any fund or account in state treasury that is limited in

use for fish or wildlife purposes and that is appropriated to the

department.

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

1975. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 48, eff.

Sept. 1, 1993.

SUBCHAPTER C. FISH SANCTUARIES

Sec. 81.206. PROCLAMATION. (a) Sanctuaries shall be set aside

and designated by proclamation of the commission signed by the

presiding officer.

(b) The proclamation must contain:

(1) the area to be included in the sanctuary;

(2) the reason for creation of the sanctuary;

(3) the date on which the proclamation takes effect;

(4) the duration of the proclamation; and

(5) a statement that the sanctuary is set aside and designated

under the authority of this subchapter, the citation of which

must be included.

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

1975. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 52, eff.

Sept. 1, 2001.

Sec. 81.207. NOTICE. The department shall give notice of the

creation of a sanctuary by each of the following methods:

(1) by posting copies of the proclamation on the courthouse door

of each county in which the sanctuary is located;

(2) by publishing a brief summary of the proclamation in a

newspaper in the county in which the sanctuary is located, or in

a newspaper of an adjoining county if the county where the

sanctuary is located has no newspaper, once each week for five

consecutive weeks; and

(3) by posting at least six signs bearing the conspicuous

inscription "State Fish Sanctuary--No Fishing" around the

boundary of the sanctuary.

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

1975.

Sec. 81.208. EFFECTIVE DATE OF PROCLAMATION. The proclamation

takes effect on the day of the last publication of the notice

required by Section 81.207(2) of this code.

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

1975.

Sec. 81.209. EXCLUDED COUNTIES. This subchapter does not apply

to Wichita, Clay, Baylor, and Wilbarger counties.

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

1975.

SUBCHAPTER D. WILDLIFE MANAGEMENT ASSOCIATION AREAS

Sec. 81.301. WILDLIFE MANAGEMENT ASSOCIATION AREAS. (a) The

department may designate two or more contiguous or proximate

tracts of land as a wildlife management association area if:

(1) each owner of the land applies for the designation;

(2) the land is inhabited by wildlife;

(3) the department determines that observing wildlife and

collecting information on the wildlife will serve the purpose of

wildlife management in the state; and

(4) the landowners agree to provide the department with

information regarding the wildlife under Section 81.302 of this

code.

(b) The department shall prescribe the form and content of an

application under this section.

Added by Acts 1993, 73rd Leg., ch. 418, Sec. 3, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 635, Sec. 8, eff. Sept. 1, 1993.

Sec. 81.302. WILDLIFE MANAGEMENT PLAN; COLLECTION OF

INFORMATION. (a) Before the department may approve an

application for designation of a wildlife management association

area under this subchapter, the applicants must prepare a

wildlife management plan according to department guidelines for

wildlife management plans.

(b) The department's guidelines shall require the collection of

information on the wildlife that is in a wildlife management

association area.

be conducted annually to maintain the designation of a wildlife

management association.

Added by Acts 1993, 73rd Leg., ch. 418, Sec. 3, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 635, Sec. 8, eff. Sept. 1, 1993.

Sec. 81.303. RULES. The commission may adopt rules necessary to

implement this subchapter.

Added by Acts 1993, 73rd Leg., ch. 418, Sec. 3, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 635, Sec. 8, eff. Sept. 1, 1993.

SUBCHAPTER E. WILDLIFE MANAGEMENT AREAS AND PUBLIC HUNTING LANDS

Sec. 81.401. ACQUISITION AND MANAGEMENT OF AREAS. (a) The

department may acquire by donation, purchase, lease, or

otherwise, and develop, maintain, and operate, wildlife

management areas and public hunting lands.

(b) The department may manage, along sound biological lines,

wildlife and fish found on any land the department has or may

acquire as a wildlife management area.

safety account to accomplish the purposes 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. 1, Sec. 69,

eff. Sept. 1, 1985.

Amended by:

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

571, Sec. 1, eff. September 1, 2007.

Sec. 81.4011. DEFINITION. In this subchapter, "public hunting

land" means land:

(1) owned, leased, or managed by the department, including a

wildlife management area; and

(2) designated by the director as public hunting land.

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

571, Sec. 2, eff. September 1, 2007.

Sec. 81.4012. APPLICABILITY TO STATE PARK LAND. This subchapter

applies to a state park only:

(1) on public hunting land in the park; and

(2) on specific dates designated by the department for public

hunting activities.

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

571, Sec. 2, eff. September 1, 2007.

Sec. 81.402. REGULATION OF HUNTING AND FISHING. (a) The

executive director may prohibit hunting and fishing in wildlife

management areas or public hunting lands to protect any species

of wildlife or fish.

(b) During an open season in wildlife management areas or public

hunting lands, the executive director may prescribe the number,

kind, sex, and size of game or fish that may be taken.

conditions for the taking of game or fish during an open season

in wildlife management areas or public hunting lands.

(d) As sound biological management permits, the commission may

prescribe an open season for hunting after it has established a

classification system for such areas in accordance with Section

13.001(b).

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

1975. Amended by Acts 1993, 73rd Leg., ch. 217, Sec. 3, eff. May

18, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 121, eff. Sept. 1,

1997.

Sec. 81.403. PERMITS; FEES. (a) The department may issue a

permit authorizing access to public hunting land or for specific

hunting, fishing, recreational, or other use of public hunting

land or a wildlife management area. The commission by rule shall

prescribe the conditions for the issuance and use of a permit

under this section.

(a-1) Except as provided by this section, permits for hunting of

wildlife or for any other use in wildlife management areas or

public hunting lands shall be issued by the department to

applicants by means of a fair method of distribution subject to

limitations on the maximum number of permits to be issued.

(b) The department may implement a system of issuing special

permits that gives preference to those applicants who have

applied previously but were not selected to receive a permit.

by the commission by rule. Revenue from permit fees for access

to state parks must be deposited to the credit of the state parks

account. Revenue from other permit fees under this section must

be deposited to the game, fish, and water safety account.

(d) This subchapter does not exempt any person from compliance

with hunting license laws.

(e) The department may authorize and accept multiple

applications for special hunting permits, programs, packages, or

events.

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

1975. Amended by Acts 1983, 68th Leg., p. 2886, ch. 491, Sec. 2,

eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 267, art. 1, Sec.

70, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 217, Sec. 4,

eff. May 18, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 122, eff.

Sept. 1, 1997.

Amended by:

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

571, Sec. 3, eff. September 1, 2007.

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

571, Sec. 4, eff. September 1, 2007.

Sec. 81.404. CONTRACTS FOR REMOVAL OF FUR-BEARING ANIMALS AND

REPTILES. (a) The department may contract for the removal of

fur-bearing animals and reptiles in wildlife management areas

under the control of the department. The removal of fur-bearing

animals and reptiles shall be according to sound biological

management practices.

(b) Contracts for the removal of fur-bearing animals and

reptiles shall be entered into under the direction of the

comptroller in the manner provided by general law for the sale of

state property, except that the department shall determine the

means, methods, and quantities of fur-bearing animals and

reptiles to be taken, and the department may accept or reject any

bid received by the comptroller.

season provided by proclamation of the commission under Chapter

71 of this code. Reptiles may be removed at any time unless there

is a proclamation relating to a specific species of reptiles in

effect under Chapter 65 or Chapter 67 of this code, in which case

that species of reptiles may be removed only during the open

season provided for in the proclamation.

(d) Repealed by Acts 1979, 66th Leg., p. 549, ch. 260, art. 1,

Sec. 6, eff. Sept. 1, 1979.

Acts 1975, 64th Leg., p. 1207, ch. 456, Sec. 5, eff. Sept. 1,

1975. Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art. 1,

Sec. 6, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 1158, ch.

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

Amended by:

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

937, Sec. 1.107, eff. September 1, 2007.

Sec. 81.405. REGULATION OF RECREATIONAL ACTIVITIES. The

commission may adopt rules governing recreational activities in

wildlife management areas.

Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 71, eff.

Sept. 1, 1985.

SUBCHAPTER F. SCIENTIFIC AREAS

Sec. 81.501. CREATION OF SCIENTIFIC AREAS. The department may

promote and establish a state system of scientific areas for the

purposes of education, scientific research, and preservation of

flora and fauna of scientific or educational value.

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

1975.

Sec. 81.502. POWERS AND DUTIES. To the extent necessary to

carry out the purposes of this subchapter, the department may:

(1) determine the acceptance or rejection of state scientific

areas proposed for incorporation into a state system of

scientific areas;

(2) make and publish all rules and regulations necessary for the

management and protection of scientific areas;

(3) cooperate and contract with any agencies, organizations, or

individuals for the purposes of this subchapter;

(4) accept gifts, grants, devises, and bequests of money,

securities, or property to be used in accordance with the tenor

of such gift, grant, devise, or bequest;

(5) formulate policies for the selection, acquisition,

management, and protection of state scientific areas;

(6) negotiate for and approve the dedication of state scientific

areas as part of the system;

(7) advocate research, investigations, interpretive programs,

and publication and dissemination of information pertaining to

state scientific areas and related areas of scientific value;

(8) acquire interests in real property by purchase; and

(9) hold and manage lands within the system.

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

1975.

Sec. 81.503. LAND OF PUBLIC ENTITIES. All public entities and

their agencies are authorized and urged to acquire, administer,

and dedicate land as state scientific areas within the system

under the policies of the commission authorized by this

subchapter.

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

1975.

Sec. 81.504. EFFECT ON EXISTING AREAS. Inclusion of a state or

local park, preserve, wildlife refuge, or other area within the

system established under this subchapter does not cancel,

supersede, or interfere with any other law or provision of an

instrument relating to the use, management, or development of the

area for other purposes except that any agency administering an

area within the system is responsible for preserving the natural

character of the area under the policies of the commission.

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

1975.

Sec. 81.505. PROTECTED STATUS. Neither the designation of an

area as a scientific area within the state system nor an

intrusion, easement, or taking allowed by the commission under

this subchapter voids or replaces a protected status under the

law which the area would have if it were not included within the

system.

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

1975.

Sec. 81.506. FUNDS TO BE SPECIFICALLY APPROPRIATED. The

commission may not use any funds for the acquisition of

scientific areas other than those specifically appropriated for

use under this subchapter.

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

1975.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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