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Texas

Vernon's Texas Statutes and Codes Annotated. Parks and Wildlife Code. Title 5. Wildlife and Plant Conservation. Subtitle A. Hunting and Fishing Licenses. Chapter 43. Special Licenses and Permits. Subchapter H. Permits to Control Wildlife Protected by This Code.

Statute Details
Printable Version
Citation: V. T. C. A., Parks & Wildlife Code 43.151 - 158

Citation: TX PARKS & WILD 43.151 - 158


Last Checked by Web Center Staff: 11/2013

Summary:   This statute allows an individual to apply to a local municipality to receive a permit to destroy wildlife that is posing a serious risk to agricultural interests or public safety.  This provision relates to a section that disallows the killing of eagles save for this exception.  For discussion of the federal Bald and Golden Eagle Act, see Detailed Discussion.


Statute in Full:

 

§ 43.151. Threats to Public Safety or Damage by Wildlife

A person who has evidence clearly showing that wildlife protected by this code is causing serious damage to commercial agricultural, horticultural, or aquicultural interests , or is a threat to public safety, and who desires to kill the protected wildlife shall give written notice of the facts to the department.

CREDIT(S)

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1987, 70th Leg., ch. 610, § 1, eff. Sept. 1, 1987; Acts 2001, 77th Leg., ch. 968, § 38, eff. Sept. 1, 2001; Acts 2009, 81st Leg., ch. 251, § 1, eff. May 29, 2009.

 

§ 43.1515. Rules

The commission may adopt rules to implement this subchapter, including rules governing:

(1) reports that must be submitted to the department by a person who holds a permit issued by the department under this subchapter;

(2) the reinstatement of a canceled permit and a fee for the reinstatement;

(3) the possession of wildlife resources taken or held under this subchapter;

(4) the circumstances required to qualify for a permit; and

(5) the electronic issuance of permits.

CREDIT(S)

Added by Acts 2009, 81st Leg., ch. 251, § 2, eff. May 29, 2009.

 

§ 43.152. Department Inspection

(a) On receiving notice from a person under Section 43.151 , the department may inspect the property and determine if damage or a threat to public safety is occurring as alleged in the notice.

(b) If the notice received by the department under Section 43.151 alleges damage or a threat to public safety caused by mule deer, pronghorn antelope, or desert bighorn sheep, the department may not issue a permit under Section 43.154 unless the department inspects the property and determines whether serious damage or a threat to public safety is occurring.

CREDIT(S)

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1987, 70th Leg., ch. 610, § 1, eff. Sept. 1, 1987; Acts 2001, 77th Leg., ch. 968, § 39, eff. Sept. 1, 2001; Acts 2009, 81st Leg., ch. 251, § 3, eff. May 29, 2009.

 

§ 43.153. Application for Permit

(a) A person who has evidence of damage by depredation or threat to public safety may file with the department an application for a permit to kill the protected wildlife.

(b) The application must be in writing, be sworn to by the applicant, and contain:

(1) a statement of facts relating to the damage or threat; and

(2) an agreement by the applicant to comply with the provisions of this subchapter and any rules adopted by the commission under this subchapter .

(c) Repealed by Acts 2009, 81st Leg., ch. 251, § 10.

(d) The application must be accompanied by a permit application fee of $50 or an amount set by the commission, whichever amount is more. Proceeds from the fee shall be deposited in the special game, fish, and water safety account.

CREDIT(S)

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1987, 70th Leg., ch. 610, § 1, eff. Sept. 1, 1987; Acts 2009, 81st Leg., ch. 251, §§ 4, 10, eff. May 29, 2009.

 

§ 43.154. Permit

(a) On receipt of an application, the department may issue a permit for the killing of wildlife without regard to the closed season, bag limit, or means and methods. As soon as practicable, but not later than the 10th business day after the date the department receives an application, the department shall approve or deny the application and, if the application is approved, issue the permit.

(a-1) The department may not issue a permit under this section for the killing of mule deer, pronghorn antelope, or desert bighorn sheep unless:

(1) the department has inspected the property and has verified that serious damage or a threat to public safety as described in the notice under Section 43.151 is occurring;

(2) the department has made recommendations to the applicant regarding ways to minimize the damage or threat; and

(3) the applicant has made a reasonable effort to comply with the recommendations made by the department under this section.

(b) The department shall deliver or mail the permit, if issued, to the person requesting the permit or to the regional or local office of the department for pickup by the person. The department may issue the permit electronically .

(c) A permit must specify:

(1) the period of time during which it is valid;

(2) the area in which it applies;

(3) the kind and number of wildlife authorized to be killed; and

(4) the persons permitted to kill the noxious wildlife.

(d) No state permit is required to authorize a person to kill migratory birds protected by the Federal Migratory Bird Treaty Act [FN1] if the person has obtained a permit authorizing that activity from the United States Department of the Interior or the United States Department of Agriculture.

CREDIT(S)

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1987, 70th Leg., ch. 610, § 1, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1256, § 34, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 968, § 40, eff. Sept. 1, 2001; Acts 2009, 81st Leg., ch. 251, § 5, eff. May 29, 2009.

[FN1] 16 U.S.C.A. §§ 703 to 711.

 

§ 43.155. Disposition of Wildlife

(a) The holder of a permit issued under this subchapter or a person designated by Section 43.154(c)(4) who kills wildlife under the authority of the permit shall dispose of the carcass by donating it to a charitable institution, a hospital, a needy person, or any other appropriate recipient.

(b) The permit holder or a person designated under Section 43.154(c)(4) may not keep or sell any part of the wildlife taken under this subchapter, including antlers.

CREDIT(S)

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1987, 70th Leg., ch. 610, § 1, eff. Sept. 1, 1987; Acts 2009, 81st Leg., ch. 251, § 6, eff. May 29, 2009.

 

§ 43.156. Cancellation of Permit

The department may cancel a permit if:

(1) the permit does not accomplish its intended purposes;

(2) the permit holder fails to submit a required report to the department; or

(3) the permit holder intentionally made false claims on the application for the permit.

CREDIT(S)

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 48, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 610, § 1, eff. Sept. 1, 1987; Acts 2009, 81st Leg., ch. 251, § 7, eff. May 29, 2009.

 

§ 43.1565. Reinstatement of Permit

The department may reinstate a canceled permit if the permit holder submits an application for reinstatement in the same manner as required by Section 43.153 for an original permit and pays a fee set by the commission.

CREDIT(S)

Added by Acts 2009, 81st Leg., ch. 251, § 8, eff. May 29, 2009.

 

§ 43.157. Violations; Penalty

(a) Repealed by Acts 2009, 81st Leg., ch. 251, § 10.

(b) No permittee may dispose of a wildlife carcass killed under the permit or allow the wildlife to be disposed of except as allowed under Section 43.155 of this code.

(c) No permittee may violate a term or condition of the permit.

(d) Except as provided by Subsection (e), a person who violates this section commits an offense that is a Class B Parks and Wildlife Code misdemeanor.

(e) A person who violates a reporting requirement adopted under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

CREDIT(S)

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 25, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 610, § 1, eff. Sept. 1, 1987; Acts 2009, 81st Leg., ch. 251, §§ 9, 10, eff. May 29, 2009.

 

§ 43.158. Landowner Permit Exemption

Nothing in this subchapter prevents a landowner or the landowner's agent or lessee from taking depredating feral hogs on the landowner's land without having acquired a permit under this subchapter.

CREDIT(S)

Added by Acts 2003, 78th Leg., ch. 809, § 4, eff. June 20, 2003.

 



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