CHAPTER 82. STATUTORY SANCTUARIES AND PRESERVES

State Codes and Statutes

Statutes > Texas > Parks-and-wildlife-code > Title-5-wildlife-and-plant-conservation > Chapter-82-statutory-sanctuaries-and-preserves

PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE E. WILDLIFE MANAGEMENT AREAS, SANCTUARIES, AND PRESERVES

CHAPTER 82. STATUTORY SANCTUARIES AND PRESERVES

SUBCHAPTER B. CONNIE HAGAR WILDLIFE SANCTUARY--ROCKPORT

Sec. 82.101. CREATION AND BOUNDARIES. The Connie Hagar Wildlife

Sanctuary--Rockport in Aransas County is described as follows:

Being all of the water area of Aransas Bay and Little Bay between

the shoreline of Live Oak Peninsula and a line described as

follows:

BEGINNING at the point where the city limits of the City of

Rockport intersects the shoreline of the Aransas Bay;

THENCE, one mile due east to a point in Aransas Bay;

THENCE, in a northeasterly direction approximately 1-3/8 miles to

a point which is 1/2 mile due east of Nine Mile Point;

THENCE, in a north by northwesterly direction approximately 2

miles to a point which is 1/2 mile due east of the channel

entrance to the Fulton Harbor;

THENCE, due west to the shoreline of Live Oak Peninsula.

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

1975.

Sec. 82.102. BOUNDARY MARKERS. The department shall place

suitable markers defining the boundaries of the wildlife

sanctuary.

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

1975.

Sec. 82.103. UNLAWFUL ACT. No person may hunt any bird or

animal within the wildlife sanctuary.

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

1975.

Sec. 82.104. PENALTIES. A person who violates any 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. 96,

eff. Sept. 1, 1985.

SUBCHAPTER C. SIERRA DIABLO WILDLIFE MANAGEMENT AREA, CULBERSON

AND HUDSPETH COUNTIES

Sec. 82.201. CREATION. The department may set aside a fenced

game management area in Culberson and Hudspeth counties for the

protection and perpetuation of Texas Bighorn Mountain Sheep (Ovis

canadensis texiana).

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. 72,

eff. Sept. 1, 1985.

Sec. 82.202. ACCEPTANCE OF GIFTS. The department may accept

gifts of land in Culberson and Hudspeth counties or money to be

deposited in the game, fish, and water safety account. The gifts

shall be used for the Texas Bighorn Sheep management unit.

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. 72,

eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, Sec. 49, eff.

Sept. 1, 1993.

Sec. 82.203. LAND PURCHASE; SCHOOL LANDS. The department may

purchase the surface rights in not more than eight sections of

public school lands located in Culberson and Hudspeth counties in

the following blocks: Blocks 65 and 66, T. & P. Ry. Co. land;

Blocks 42-1/2, 43, 54-1/2, Public School Lands. The minerals on

the land purchased shall be reserved to the school fund and

managed by the school land board. The price to be paid for the

land shall not exceed $1 per acre and shall be paid for by the

department out of the game, fish, and water safety account.

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. 72,

eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, Sec. 50, eff.

Sept. 1, 1993.

Sec. 82.204. OTHER LAND; TITLE APPROVAL. The department may

purchase other land in Culberson and Hudspeth counties as

necessary for the operation of the game management unit. The

department may pay for the land out of the game, fish, and water

safety account on approval of the title by the attorney general.

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. 72,

eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, Sec. 51, eff.

Sept. 1, 1993.

Sec. 82.205. LAND PURCHASE; PRIVATE. The department may enter

on, condemn, and appropriate not more than 12 sections of land

belonging to any person or corporation in Culberson and Hudspeth

counties for the purpose stated in 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. 1, Sec. 72,

eff. Sept. 1, 1985.

Sec. 82.206. CONDEMNATION. The method of condemnation,

assessment, and payment of damages is the same as is provided by

law for railroads. Condemnation suits brought under this

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

the attorney general at the request of the department. 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 proceedings. All damages and pay or compensation

for property awarded in the proceedings shall be paid by the

state by warrant drawn on the game, fish, and water safety

account.

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. 72,

eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, Sec. 52, eff.

Sept. 1, 1993.

Sec. 82.207. EXPENDITURES. All expenditures provided under this

subchapter shall be made from the game, fish, and water safety

account .

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. 72,

eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, Sec. 53, eff.

Sept. 1, 1993.

SUBCHAPTER D. WILDLIFE SANCTUARY: GALVESTON COUNTY

Sec. 82.301. CREATION. The group of small islands located in

Galveston Bay near Smith's Point and known as Vingt et Un Islands

are a state wildlife sanctuary.

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

1975.

Sec. 82.302. UNLAWFUL ACTS. No person may hunt or in any way

molest any of the birds on any of the islands or within 50 yards

of the islands, nor may any person enter on the islands for any

purpose without first obtaining permission from the department.

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

1975.

Sec. 82.303. PENALTIES. A person violating any 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. 97,

eff. Sept. 1, 1985.

SUBCHAPTER E. GAME AND FISH RESERVE: MARION AND HARRISON COUNTIES

Sec. 82.401. LAND SET ASIDE. All of the public land and school

land situated in, under, and adjacent to the bed of Caddo Lake in

the counties of Marion and Harrison are withdrawn from sale and

preserved for public use as a state game and fish reserve.

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

1975.

Sec. 82.402. CREATION. The department may establish one or more

game sanctuaries in the water of Caddo Lake for the protection of

wild ducks, geese, and all other migratory birds. The sanctuaries

shall protect the birds from being pursued, hunted, taken, or

disturbed.

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

1975.

Sec. 82.403. BOUNDARY MARKERS. The department shall designate

and define the boundaries of the sanctuaries by placing markers

or signs around the boundaries of each sanctuary with the words

"Game Preserve" on each marker or sign. The markers or signs

shall be placed not more than 500 yards apart.

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

1975.

Sec. 82.404. AMOUNT OF AREA SET ASIDE. The sanctuaries shall

not include more than 20 percent of the area of the lake.

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

1975.

Sec. 82.405. PUBLIC HUNTING AND FISHING. The public may hunt

and fish on all of the water of the lake except that water set

aside for sanctuaries.

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

1975.

Sec. 82.406. INVESTIGATION OF FEASIBILITY OF TIMBER LAND

PURCHASE. The department, in conjunction with the director of

the Texas Forest Service, shall investigate the feasibility and

desirability of acquiring title to a block of timbered land

adjacent to the lake comprising from 5,000 to 10,000 acres, to be

placed under the joint control of the director of the Texas

Forest Service and the department, with the view of ultimately

preserving a belt of native forest for the future and also for

the propagation of game.

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

1975. Amended by Acts 1985, 69th Leg., ch. 488, Sec. 4, eff.

Sept. 1, 1985.

Sec. 82.407. MINERAL RIGHTS. The mineral rights under the land

reserved for the sanctuaries are withdrawn from sale and the

rights may not be offered for sale until the legislature directs

the rights to be sold.

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

1975.

Sec. 82.408. UNLAWFUL ACTS. (a) No person may hunt any kind of

game on the sanctuaries established under this subchapter.

(b) No person may hunt any birds, fowl, or game of any kind on

the sanctuaries established under this subchapter.

frighten any birds, fowl, or game of any kind on the sanctuaries

established under this subchapter.

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

1975.

Sec. 82.409. PENALTY. A person who violates any provision of

this subchapter commits an offense that is 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 1985, 69th Leg., ch. 267, art. 3, Sec. 98,

eff. Sept. 1, 1985.

SUBCHAPTER F. INGLESIDE COVE WILDLIFE SANCTUARY: SAN PATRICIO AND

NUECES COUNTIES

Sec. 82.501. CREATION. The Ingleside Cove Wildlife Sanctuary is

composed of an area in San Patricio and Nueces counties described

as follows:

BEGINNING at Kinney Bayou on the east shoreline of Ingleside

Cove, also known as North Shore Channel;

THENCE, in a northwesterly direction along the shoreline to

channel marker number "22" with a flashing red light every 4

seconds known as Donnel Point;

THENCE, due west crossing the Reynolds Channel to the east side

of a spoil bank;

THENCE, following the eastern edge of this spoil bank in a

southeasterly direction to its southern most point, continuing

southeast crossing Ingleside cut to the north shore of Ingleside

Point;

THENCE, in an easterly and southeasterly direction along the east

shoreline following the Reynolds Channel through Ingleside Point

to the southern most portion of this cut;

THENCE, due east across the Reynolds Channel to the west

shoreline of the mainland known as the southern most portion of

Ingleside Cove;

THENCE, following the shoreline in a northerly direction being

the east shoreline of Ingleside Cove to the point of beginning.

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

1975.

Sec. 82.502. MARKING BOUNDARIES. The department shall place

suitable markers defining the boundary of the wildlife sanctuary

as described in this subchapter.

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

1975.

Sec. 82.503. UNLAWFUL ACTS. (a) No person may hunt any bird

within the sanctuary.

(b) No person may fish by any means other than rod and reel

within the sanctuary.

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

1975.

Sec. 82.504. PENALTIES. A person who violates any 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. 99,

eff. Sept. 1, 1985.

SUBCHAPTER G. FISH HATCHERIES: SMITH COUNTY

Sec. 82.601. CREATION. The department may construct, enlarge,

and maintain fish hatcheries in Smith County.

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

1975.

Sec. 82.602. PROPERTY ACQUISITION. The department may enter on,

condemn, and appropriate land, water rights, easements,

rights-of-way, and property of any person or corporation in Smith

County for the purposes designated in this subchapter.

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

1975.

Sec. 82.603. CONDEMNATION; MANNER AND MEANS. The method of

condemnation, assessment, and payment of damages is the same as

is provided for railroads. Condemnation suits brought under this

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

the attorney general at the request of the department. 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 state by warrant drawn by the comptroller against any

account in the state treasury appropriated to the department for

the use of constructing and maintaining fish hatcheries.

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

1975. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 54, eff.

Sept. 1, 1993.

SUBCHAPTER H. ISLAND CHANNEL

Sec. 82.651. ISLAND CHANNEL. (a) The department may construct

and maintain a channel through Padre Island, Mustang Island, and

St. Jo Island, or any of them.

(b) The department may contract for the construction of a

channel under this section on approval by the commission and

approval from the federal government of an application for

authority to construct channels.

constructed under this section may be paid from the game, fish,

and water safety account only.

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

1975. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 55, eff.

Sept. 1, 1993.

SUBCHAPTER I. LAKE CORPUS CHRISTI GAME SANCTUARY

Sec. 82.701. GAME SANCTUARY. All the water of Lake Corpus

Christi in San Patricio and Live Oak counties is a game

sanctuary.

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

1975.

Sec. 82.702. PROHIBITED ACTS. (a) Except as provided in

Subsection (b) of this section, no person may enter on the

portion of Lake Corpus Christi that is a game sanctuary with a

gun or rifle, and no person may attempt to shoot a bird or animal

in the portion of Lake Corpus Christi that is a game sanctuary.

(b) A person may hunt ducks and geese during the open seasons

for ducks and geese with a shotgun in the portion of Lake Corpus

Christi in San Patricio County. This exception does not apply to

hunting within one mile of the boy scout camp, the girl scout

camp, or Lake Corpus Christi Park.

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

1975.

Sec. 82.703. MARKERS. The Parks and Wildlife Department shall

erect appropriate markers at intervals adequately spaced to warn

hunters of the one-mile limit around the boy scout camp, the girl

scout camp, and Lake Corpus Christi Park in San Patricio County.

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

1975.

Sec. 82.704. PENALTY. A person who violates Section 82.702 of

this code 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. 100,

eff. Sept. 1, 1985.

SUBCHAPTER J. LASALLE COUNTY RIVERS SANCTUARY

Sec. 82.711. CREATION. All of the land area and public water in

state-owned riverbeds in LaSalle County, including the Nueces and

Frio rivers, is a game sanctuary.

Added by Acts 1977, 65th Leg., p. 2072, ch. 823, Sec. 1, eff.

Aug. 29, 1977.

Sec. 82.712. PROHIBITED ACTS. (a) Except as permitted under

Subsections (b) and (c) of this section, no person may possess,

shoot, or hunt with a firearm, bow and arrow, or crossbow in the

game sanctuary created by Section 82.711 of this code.

(b) Subsection (a) of this section does not apply to a peace

officer of this state, a law enforcement officer of the United

States, or a member of the armed forces of the United States or

of this state during the time that the officer or member is in

the actual discharge of official duties.

hunting on any reservoir owned, operated, or maintained by a

governmental entity now existing or to be constructed on said

rivers.

Added by Acts 1977, 65th Leg., p. 2072, ch. 823, Sec. 1, eff.

Aug. 29, 1977.

Sec. 82.713. PENALTY. A person who violates Section 82.712 of

this code commits an offense that is a Class C Parks and Wildlife

Code misdemeanor.

Added by Acts 1977, 65th Leg., p. 2072, ch. 823, Sec. 1, eff.

Aug. 29, 1977. Amended by Acts 1985, 69th Leg., ch. 267, art. 3,

Sec. 101, eff. Sept. 1, 1985.

SUBCHAPTER K. MCMULLEN COUNTY RIVERS SANCTUARY

Sec. 82.721. CREATION. All of the land area and public water in

state-owned riverbeds in McMullen County, including the Nueces

and Frio rivers, is a game sanctuary.

Added by Acts 1977, 65th Leg., p. 2072, ch. 823, Sec. 2, eff.

Aug. 29, 1977.

Sec. 82.722. PROHIBITED ACTS. (a) Except as permitted under

Subsections (b) and (c) of this section, no person may possess,

shoot, or hunt with a firearm, bow and arrow, or crossbow in the

game sanctuary created by Section 82.721 of this code.

(b) Subsection (a) of this section does not apply to a peace

officer of this state, a law enforcement officer of the United

States, or a member of the armed forces of the United States or

of this state during the time that the officer or member is in

the actual discharge of official duties.

hunting on any reservoir owned, operated, or maintained by a

governmental entity now existing or to be constructed on said

rivers.

Added by Acts 1977, 65th Leg., p. 2072, ch. 823, Sec. 2, eff.

Aug. 29, 1977.

Sec. 82.723. PENALTY. A person who violates Section 82.722 of

this code commits an offense that is a Class C Parks and Wildlife

Code misdemeanor.

Added by Acts 1977, 65th Leg., p. 2072, ch. 823, Sec. 2, eff.

Aug. 29, 1977. Amended by Acts 1985, 69th Leg., ch. 267, art. 3,

Sec. 102, eff. Sept. 1, 1985.

SUBCHAPTER L. BEE COUNTY RIVERS SANCTUARY

Sec. 82.731. CREATION. All of the land area and water in the

Aransas and Poesta rivers in Bee County, to the extent same are

owned by the state, are declared to be a game sanctuary.

Added by Acts 1981, 67th Leg., p. 2080, ch. 471, Sec. 1, eff.

Aug. 31, 1981.

Sec. 82.732. PROHIBITED ACTS. (a) Except as permitted by

Subsections (b) and (c) of this section, no person may possess,

shoot, or hunt with a firearm, bow and arrow, or crossbow in the

game sanctuary created by Section 82.731 of this code.

(b) Subsection (a) of this section does not apply to a peace

officer of this state, a law enforcement officer of the United

States, or a member of the armed forces of the United States or

of this state during the time that the officer or member is in

the actual discharge of official duties.

hunting on any reservoir owned, operated, or maintained by a

governmental entity now existing or to be constructed on the

listed rivers.

Added by Acts 1981, 67th Leg., p. 2080, ch. 471, Sec. 1, eff.

Aug. 31, 1981.

Sec. 82.733. PENALTY. A person who violates Section 82.732 of

this code commits an offense that is a Class C Parks and Wildlife

Code misdemeanor.

Added by Acts 1981, 67th Leg., p. 2080, ch. 471, Sec. 1, eff.

Aug. 31, 1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 3,

Sec. 103, eff. Sept. 1, 1985.

SUBCHAPTER O. LIVE OAK COUNTY RIVERS SANCTUARY

Sec. 82.761. CREATION. All of the land area and public water in

the state-owned beds of the Nueces, Frio, and Atascosa rivers in

Live Oak County is a game sanctuary.

Added by Acts 1979, 66th Leg., p. 2083, ch. 814, Sec. 1, eff.

Aug. 27, 1979.

Sec. 82.762. PROHIBITED ACTS. (a) Except as permitted by

Subsections (b) and (c) of this section, no person may possess,

shoot, or hunt with a firearm, bow and arrow, or crossbow in the

game sanctuary created by Section 82.761 of this code.

(b) Subsection (a) of this section does not apply to a peace

officer of this state, a law enforcement officer of the United

States, or a member of the armed forces of the United States or

of this state during the time that the officer or member is in

the actual discharge of official duties.

hunting on any reservoir owned, operated, or maintained by a

governmental entity now existing or to be constructed on the

listed rivers.

Added by Acts 1979, 66th Leg., p. 2083, ch. 814, Sec. 1, eff.

Aug. 27, 1979.

Sec. 82.763. PENALTY. A person who violates Section 82.762 of

this code commits an offense that is a Class C Parks and Wildlife

Code misdemeanor.

Added by Acts 1979, 66th Leg., p. 2083, ch. 814, Sec. 1, eff.

Aug. 27, 1979. Amended by Acts 1985, 69th Leg., ch. 267, art. 3,

Sec. 104, eff. Sept. 1, 1985.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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