SUBCHAPTER A GENERAL POWERS AND DUTIES
- Texas Section 12.001 - General Duties
(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:...
- Texas Section 12.0011 - Resource Protection
(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:...
- Texas Section 12.003 - Records
(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...
- Texas Section 12.004 - List Of Fees And Fines
(a) Repealed by Acts 1997, 75th Leg., ch. 1256, Sec. 130, eff. Sept. 1, 1997. (b) The department shall file at the end of each...
- Texas Section 12.005 - Funds In Lieu Of Taxes
(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...
- Texas Section 12.006 - Publications On Wildlife Values And Management
(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...
- Texas Section 12.007 - Voluntary Contribution To Fund For Veterans' Assistance
(a) In this section, "veterans fund" means the fund for veterans' assistance established under Section 434.017, Government Code. (b) When a person applies for a...
- Texas Section 12.008 - Leasing Of Grazing Or Farming Rights: Sale Of Products
(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...
- Texas Section 12.010 - Nuisance Or Noxious Aquatic Vegetation Program
(a) The department may implement a program to control or eradicate nuisance aquatic vegetation, including hydrilla and giant sylvania, from public water in this state....
- Texas Section 12.011 - Teaching Equipment
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...
- Texas Section 12.012 - Recreational Water Safety Video
(a) The department shall produce a video suitable for use with high school students on recreational water safety. The video must include instruction on safe...
- Texas Section 12.013 - Power To Take Wildlife; Fish
(a) 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...
- Texas Section 12.015 - Regulation Of Fish, Shellfish, And Aquatic Plants
The department shall regulate the introduction and stocking of fish, shellfish, and aquatic plants into the public water of the state. Added by Acts 1975,...
- Texas Section 12.017 - Damaging Markers
(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,...
- Texas Section 12.018 - Acceptance And Disposition Of Gifts
(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...
- Texas Section 12.019 - Penalties
(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...
- Texas Section 12.024 - Water Permit Responsibilities
(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)...
- Texas Section 12.025 - Technical Guidance To Landowners
(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...
- Texas Section 12.0251 - Disclosure Of Information Collected During Technical Guidance To Private Landowner
(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...
- Texas Section 12.026 - Multiple Use Of Land
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...
SUBCHAPTER B ENFORCEMENT POWERS
- Texas Section 12.027 - Adoption Of Emergency Rules
If the commission or the executive director finds that there is an immediate danger to a species authorized to be regulated by the department, or...
- Texas Section 12.101 - Definitions
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)...
- Texas Section 12.102 - Inspection Of Wildlife Resources
(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...
- Texas Section 12.103 - Entering Land; Use Of Information Obtained By Entry; Civil Penalty
(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...
- Texas Section 12.104 - Right To Search And Inspect
(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...
- Texas Section 12.105 - Suits
(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...
- Texas Section 12.106 - Notice To Appear
(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...
- Texas Section 12.107 - Remission Of Fines
(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...
- Texas Section 12.108 - Expenses
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....
- Texas Section 12.109 - Confiscation And Disposition Of Aquatic Products
(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...
- Texas Section 12.110 - Disposition Of Confiscated Game
(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...
- Texas Section 12.1101 - Seizure And Disposal Of Certain Animals' Pelts And Carcasses
(a) A game warden or authorized employee of the department may seize a fur-bearing animal, pelt, or carcass taken or possessed in violation of a...
- Texas Section 12.1105 - Seizure And Disposition Of Unlawful Fishing Devices
(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...
- Texas Section 12.1106 - Seizure And Disposition Of Contraband; Immunity
(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)...
- Texas Section 12.113 - Coastal Survey Charts Admissible
In any prosecution under this code, United States Coastal Survey Charts are admissible. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept....
- Texas Section 12.114 - Driver's License Or Personal Identification Certificate Required
(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...
- Texas Section 12.115 - Offense
(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...
- Texas Section 12.116 - Justice Court To Provide Affidavits Certifying Certain Convictions
(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...
- Texas Section 12.117 - Justice Court To Provide Affidavits Certifying Certain Convictions And Other Information
(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...
SUBCHAPTER C OPERATION GAME THIEF
- Texas Section 12.119 - Violation Of Commission Rule On Possession Of License; Penalty
(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...
- Texas Section 12.201 - Creation Of Fund
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...
- Texas Section 12.202 - Operation Game Thief Committee
(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...
- Texas Section 12.203 - Rewards; Claims
(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...
- Texas Section 12.204 - Rewards; Payments
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...
- Texas Section 12.205 - Powers Of The Department
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...
SUBCHAPTER D RECOVERY BY THE STATE FOR VALUE OF FISH, SHELLFISH, REPTILE, AMPHIBIAN, BIRD, OR ANIMAL
- Texas Section 12.206 - Payment Of Death Benefits
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...
- Texas Section 12.301 - Liability For Value Of Fish, Shellfish, Reptile, Amphibian, Bird, Or Animal
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...
- Texas Section 12.302 - Value Of Fish, Shellfish, Reptile, Amphibian, Bird, Or Animal
For purposes of this subchapter and for determining damages under Section 7.109, Water Code, the commission shall adopt rules to establish guidelines for determining the...
- Texas Section 12.303 - Civil Suit For Recovery Of Value
(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...
- Texas Section 12.304 - More Than One Defendant
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...
- Texas Section 12.305 - Recovery Of Value In Addition To Fine
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,...
- Texas Section 12.306 - Both Civil Suit And Criminal Prosecution Permissible
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,...
- Texas Section 12.307 - Disposition Of Recovery
(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...
SUBCHAPTER E PUNISHMENTS
- Texas Section 12.308 - Certain Costs Recoverable
(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...
- Texas Section 12.401 - Application
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...
- Texas Section 12.402 - Civil Penalty
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,...
- Texas Section 12.403 - Classification Of Offenses
(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...
- Texas Section 12.404 - Class A Parks And Wildlife Code Misdemeanor
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...
- Texas Section 12.405 - Class B Parks And Wildlife Code Misdemeanor
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...
- Texas Section 12.406 - Class C Parks And Wildlife Code Misdemeanor
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...
- Texas Section 12.4061 - Parks And Wildlife Code State Jail Felony
(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...
- Texas Section 12.407 - Parks And Wildlife Code Felony
(a) An individual adjudged guilty of a Parks and Wildlife Code felony shall be punished by confinement in the Texas Department of Criminal Justice for...
- Texas Section 12.408 - Subsequent Convictions
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...
- Texas Section 12.409 - Separate Offenses
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,...
- Texas Section 12.410 - Authorized Punishments For Corporations And Associations
(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...
SUBCHAPTER F REVOCATION OR SUSPENSION OF LICENSES OR PERMITS
- Texas Section 12.411 - Jurisdiction Of Justice Court
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....
- Texas Section 12.501 - Revocation Or Suspension Of License Or Permit
(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,...
- Texas Section 12.5015 - Automatic Revocation Of Hunting Or Fishing License Or Permit
(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...
- Texas Section 12.502 - Notice; Hearing
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...
- Texas Section 12.503 - Notice Of Suspension Or Revocation
(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...
- Texas Section 12.504 - Time Of Suspension Or Revocation
(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...
- Texas Section 12.505 - Violation Of Suspension, Refusal, Or Revocation
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,...
- Texas Section 12.506 - Appeal From Suspension, Refusal, Or Revocation Of License Or Permit
(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...
- Texas Section 12.507 - Alternatives To Suspension
(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...
SUBCHAPTER G REFUSAL TO ISSUE OR RENEW CERTAIN PERMITS RELATING TO THE CONTROL, BREEDING, OR MANAGEMENT OF DEER; APPEAL OF CERTAIN DECISIONS
- Texas Section 12.508 - Refusal Of License Or Permit
(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...
- Texas Section 12.601 - Applicability Of Subchapter
This subchapter applies only to the following permits: (1) a trap, transport, and transplant permit under Section 43.061 or 43.0611; (2) a trap, transport, and...
- Texas Section 12.602 - Definitions
In this subchapter: (1) "Applicant" means a person who has applied for a new or renewal permit. (2) "Final conviction" means a final judgment of...
- Texas Section 12.603 - General Circumstances For Refusal To Issue Or Renew Permit
The department may refuse to issue or renew a permit if the applicant fails to submit in a timely manner the following: (1) a completed...
- Texas Section 12.604 - Considerations For Issuance Or Renewal Of Permit; Applicant With Prior Penalties Or Convictions
(a) This section applies only to a determination of whether to issue a permit to or renew a permit for an applicant who has a...
- Texas Section 12.605 - Procedure For Refusal To Issue Or Renew Permit
(a) Not later than the 10th day after the date a decision to refuse to issue or renew a permit has been made, the department...
- Texas Section 12.606 - Review Of Refusal To Issue Or Renew Permit
In conducting a review of a decision by the department to refuse to issue or renew a permit, the department shall consider: (1) any applicable...
SUBCHAPTER H LICENSE DEPUTIES
- Texas Section 12.607 - Appeal Of Department Decision Refusing To Issue Or Renew Permit
(a) Venue to appeal a decision of the department refusing to issue or renew a permit is a district court in Travis County. (b) The...
- Texas Section 12.701 - Issuance Of License, Stamp, Permit, Or Tag By License Deputies
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,...
- Texas Section 12.702 - License Deputies; Fees
(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...
- Texas Section 12.703 - Point-of-sale System
(a) The department may issue a license, stamp, tag, permit, or another similar item authorized by this code or federal law through the use of...
- Texas Section 12.704 - Duties Of License Deputies
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...
- Texas Section 12.705 - License, Stamp, Permit, And Tag Sales Reports
(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...
- Texas Section 12.706 - Unissued Items
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...
- Texas Section 12.707 - Issuance Or Acceptance Of License, Stamp, Permit, Or Tag
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...
- Texas Section 12.708 - Liability Of License Deputy For Sales
(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...