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Texas Parks and Wildlife Code - Chapter 12 Powers And Duties Concerning WildlifeLegal Research Home > Texas Lawyer > Parks and Wildlife Code > Texas Parks and Wildlife Code - Chapter 12 Powers And Duties Concerning Wildlife (a) The department shall administer the laws relating to game, fish, oysters, and marine life, as set out in this code. (b) The department may: ... (a) The department is the state agency with primary responsibility for protecting the state's fish and wildlife resources. (b) The department's resource protection activities include: ... (a) The department shall keep a record containing the following information: (1) the amount of all special taxes collected; (2) a list of all licenses ... (a) Repealed by Acts 1997, 75th Leg., ch. 1256, § 130, eff. Sept. 1, 1997. (b) The department shall file at the end of each ... (a) The department shall expend funds to counties and school districts for assessments in lieu of property taxes on wildlife management areas purchased from federal ... (a) The department may provide or sell information, including books, magazines, photographs, prints, and bulletins, to the public about wildlife values and management. (b) The ... (a) The department may lease grazing or farming rights on any land acquired by, and for the use of, the department as game preserves, game ... The department may contract with a person not employed by the department or use the services of department personnel for the control of noxious vegetation ... On request of a state-supported institution of higher education engaged in teaching and research related to marine science and oceanography, the department may transfer to ... An employee of the department acting within the scope of the employee's authority may possess, take, transport, release, and manage any of the wildlife and ... The department shall regulate the introduction and stocking of fish, shellfish, and aquatic plants into the public water of the state.SCL%9C The department shall regulate ... (a) No person may damage, deface, destroy, or remove, tie up a boat to, or in any way render inoperative or ineffective a marker, buoy, ... (a) The department may accept a gift or donation from any person for the purpose of funding any program or function of the department relating ... (a) Except as provided by Subsection (b) of this section, a person who violates Section 12.015, 12.017, or 12.504 of this code or a regulation ... The director or his designee shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed ... (a) The Texas Department of Water Resources shall furnish to the department a copy of all permit applications to store, take, or divert water. (b) ... (a) The department may provide technical guidance to landowners who request information concerning fish, wildlife, nongame, and habitat management. (b) In setting priorities for the ... (a) Except as provided by this section, information is not subject to Chapter 552, Government Code, and may not be disclosed to any person, including ... A tract of land purchased primarily for a purpose authorized by this code may be used for any authorized function of the department if the ... If the commission finds that there is an immediate danger to a species authorized to be regulated by the department, the commission may adopt emergency ... In this subchapter: (1) "Aircraft" means a device, including an airplane, ultralight airplane, or helicopter, that can be used for flight in the air. (2) ... (a) In this section: (1) "Residence" means a person's principal or ordinary home or dwelling place. (2) "Temporary residence" means a place where a person ... (a) To enforce the game and fish laws of the state and to conduct scientific investigations and research regarding wild game or fish, an authorized ... (a) A game warden or other peace officer commissioned by the department may search a game bag, vehicle, vessel, or other receptacle if the game ... (a) The department may file complaints in the name of the State of Texas to recover fines and penalties for violations of the laws relating ... (a) Any peace officer of this state or a political subdivision of this state or an authorized employee of the department who arrests a person ... (a) A justice of the peace, clerk of any court, or any other officer of the state who receives a fine imposed by a court ... In making an arrest, summoning a witness, and serving a process, the department is entitled to the same fee and mileage allowance as a sheriff. ... (a) Except as provided by Subsection (c) or (f) of this section, when an enforcement officer of the department believes that a person has unlawful ... (a) Except as provided by Subsection (d), the department shall donate, whenever donation is reasonably practicable, any wild game animal, bird, fowl, game fish, or ... (a) A game warden or authorized employee of the department may seize the pelt of any fur-bearing animal taken or possessed in violation of a ... (a) When a game warden or other peace officer finds in or on the public water of the state a seine, net, trawl, trap, or ... (a) A game warden or other peace officer who has probable cause to believe property is contraband may seize the property without a warrant. (b) ... In any prosecution under this code, United States Coastal Survey Charts are admissible. Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. ... (a) A person who is 17 years of age or older and who has a license or permit issued under this code or who is ... (a) A person who is arrested for an alleged violation of this code or a proclamation or regulation adopted under this code commits an offense ... (a) If a person is convicted in justice court for violating a provision of this code or a proclamation or regulation adopted under this code ... (a) If a person is convicted in a justice court for violating a provision of this code or a proclamation or regulation adopted under this ... (a) A person commits an offense if the person violates a rule adopted by the commission relating to possessing a license or stamp otherwise required ... The department may accept and deposit in a special fund outside the state treasury, called the operation game thief fund, donations from any person made ... (a) The director shall appoint an Operation Game Thief Committee composed of 11 members to administer the operation game thief fund and to make reward ... (a) A person may apply to the committee for a reward to be paid from the operation game thief fund if the person furnishes information ... No amount in excess of that on deposit in the operation game thief fund is payable as a reward under this section or as a ... The department may: (1) provide a toll-free telephone number for use of the public in reporting violations of the game and fish laws to an ... The committee may use the operation game thief fund to supplement any death benefits received by the families of peace officers employed by the department ... A person who kills, catches, takes, possesses, or injures any fish, shellfish, reptile, amphibian, bird, or animal in violation of this code or a proclamation ... For purposes of this subchapter and for determining damages under Subsection (b), Section 26.124, Water Code, the commission shall adopt rules to establish guidelines for ... (a) The attorney general or the county attorney of the county in which the violation occurred may bring a civil suit under this subchapter in ... If more than one defendant is named in a suit brought under this subchapter, each defendant against whom judgment is rendered is jointly and severally ... The recovery amount provided by this subchapter is in addition to any fine, forfeiture, penalty, or costs imposed under another law. Added by Acts 1985, ... The pendency or determination of a suit brought under this subchapter or the pendency or determination of a criminal prosecution for the same killing, catching, ... (a) Any damages for injury to fish, shellfish, reptiles, amphibians, birds, or animals recovered in a suit brought by the attorney general shall be deposited ... (a) The actual cost of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the department in a civil suit under this subchapter ... A person adjudged guilty of an offense under this code or a proclamation or regulation adopted under this code shall be punished in accordance with ... This subchapter does not deprive a court of authority conferred by law to forfeit property, suspend or cancel a license or permit, cite for contempt, ... (a) Offenses are designated as Parks and Wildlife Code misdemeanors or Parks and Wildlife Code felonies. (b) Misdemeanors are classified according to the relative seriousness ... An individual adjudged guilty of a Class A Parks and Wildlife Code misdemeanor shall be punished by: (1) a fine of not less than $500 ... An individual adjudged guilty of a Class B Parks and Wildlife Code misdemeanor shall be punished by: (1) a fine of not less than $200 ... An individual adjudged guilty of a Class C Parks and Wildlife Code misdemeanor shall be punished by a fine of not less than $25 nor ... (a) An individual adjudged guilty of a Parks and Wildlife Code state jail felony shall be punished by confinement in a state jail for a ... (a) An individual adjudged guilty of a Parks and Wildlife Code felony shall be punished by confinement in the institutional division of the Texas Department ... The use of a conviction for enhancement purposes does not preclude the subsequent use of a conviction for enhancement purposes. Added by Acts 1985, 69th ... Each fish, bird, animal, reptile, amphibian, or egg or part of a fish, bird, animal, reptile, amphibian, or egg taken, possessed, killed, left to die, ... (a) If a corporation or association is adjudged guilty of an offense under this code that provides a penalty consisting of a fine only, a ... In addition to the jurisdiction provided by the constitution and other law, a justice court has jurisdiction of Class C Parks and Wildlife Code misdemeanors. ... (a) In this subchapter, "permittee" or "licensee" includes each member of a partnership or association, an agent acting on behalf of a partnership or association, ... (a) Except as provided by this section, any hunting or fishing license or permit issued by the department to a person is automatically revoked on ... The department must give the licensee or permittee an opportunity for a hearing concerning the suspension or revocation of the license or permit. Notice of ... (a) After notice and hearing as provided by Section 12.502 of this code, the department shall notify the licensee or permittee of the suspension or ... (a) A license or permit may be suspended under this subchapter for a period set by the director. The period of suspension ends on the ... A person who engages in an activity requiring a permit or license during the time for which such license or permit has been suspended, refused, ... (a) An appeal from an order of the department refusing to issue or transfer a license or permit or revoking or suspending a license or ... (a) In lieu of suspending a license or permit under this subchapter, the department may give the licensee or permittee the opportunity to pay a ... (a) In this section: (1) "Notice" includes a certified letter sent from the department by the United States Postal Service to the applicant at the ... The department may authorize the issuance of a license, stamp, permit, or tag by a license deputy. Added by Acts 1995, 74th Leg., ch. 931, ... (a) An employee of the department, a county clerk, or another person designated or contracted with by the department to issue and collect money received ... (a) The department may issue a license, stamp, tag, permit, or another similar item authorized by this code through the use of automated equipment and ... A license deputy shall: (1) complete and keep for the use of the department a designated copy or other record of the sale of each ... (a) After the end of each calendar month or at any other time designated by the department, a license deputy shall send to the department ... A license deputy shall return to the department, at the department's request, unissued licenses, stamps, permits, tags, or any other materials or equipment furnished to ... No person may issue or accept a license, stamp, permit, or tag required by this code except on a form provided by the department. Added ... (a) This section applies to the sale of a license, stamp, permit, or tag generated by a license deputy or by an employee or agent ... Last modified: August 10, 2007 |