HEALTH AND SAFETY CODE

TITLE 10. HEALTH AND SAFETY OF ANIMALS

CHAPTER 825. PREDATORY ANIMALS AND ANIMAL PESTS

SUBCHAPTER A. COOPERATION BETWEEN STATE AND FEDERAL AGENCIES IN CONTROLLING PREDATORY ANIMALS AND RODENTS

Sec. 825.001.  COOPERATION BETWEEN STATE AND FEDERAL AGENCIES IN CONTROLLING PREDATORY ANIMALS AND RODENTS.  The state shall cooperate through The Texas A&M University System with the appropriate federal officers and agencies in controlling coyotes, mountain lions, bobcats, Russian boars, and other predatory animals and in controlling prairie dogs, pocket gophers, jackrabbits, ground squirrels, rats, and other rodent pests to protect livestock, food and feed supplies, crops, and ranges.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.002.  COOPERATIVE AGREEMENT.  The director of the Texas Agricultural Extension Service shall execute a cooperative agreement with the appropriate federal officers or agencies to perform the cooperative work in predatory animal and rodent control in the manner and under the regulations stated in the agreement.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.003.  EXPENDITURE OF APPROPRIATIONS.  The state funds appropriated to administer this subchapter shall be spent in amounts as authorized by the Board of Regents of The Texas A&M University System and disbursed on vouchers or payrolls certified by the director of the extension service.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.004.  APPROPRIATIONS BY LOCAL GOVERNMENTS.  The commissioners court of a county or the governing body of a municipality may appropriate funds to perform predatory animal and rodent control work described by this subchapter and, in cooperation with federal and state authorities, may employ labor and purchase and provide supplies required to effectively perform that work.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.005.  SALE OF FURS, SKINS, AND SPECIMENS.  (a)  Except as provided by Subsection (b), all furs, skins, and specimens of value taken by hunters or trappers paid from state funds under this subchapter shall be sold under rules adopted by The Texas A&M University System.  The proceeds of the sales shall be deposited to the credit of the fund established for predatory animal and rodent control.
(b)  Any specimen taken under this subchapter may be presented free of charge to any state, county, or federal institution for scientific purposes.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.006.  BOUNTIES PROHIBITED.  (a)  A hunter or trapper acting under this subchapter may not collect a bounty from a county or any other source for an animal taken under this subchapter.
(b)  The scalp of each animal taken under this subchapter shall be destroyed and each skin that has commercial value shall be sold.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.007.  CONSTRUCTION WITH PARKS AND WILDLIFE CODE.  Section 71.004(b), Parks and Wildlife Code, does not apply to a hunter or trapper while performing duties under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.008.  TAMPERING WITH TRAPS;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person maliciously or wilfully tampers with all or any part of a trap set under this subchapter or removes a trap from the position in which it is placed by a hunter or trapper acting under this subchapter.
(b)  An offense under this section is punishable by a fine of not less than $50 or more than $200.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.009.  STEALING TRAPS;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person steals or fraudulently takes a trap belonging to the state or the United States Department of the Interior.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $200.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.010.  STEALING ANIMALS FROM TRAPS;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person steals an animal listed in Section 825.001 from a trap set under this subchapter or takes the animal from the trap without authority.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $200.
(c)  An animal stolen or taken in violation of this section is the property of the state.  A complaint alleging a violation of this section must allege that the animal is owned by the state, and the only proof necessary to establish ownership shall consist of proving that the animal was taken from a trap that had been set by a hunter or trapper acting under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER B. PURCHASE OF POISON TO DESTROY CERTAIN ANIMAL PESTS

Sec. 825.021.  COMMISSIONERS COURT MAY PURCHASE POISON.  (a)  The commissioners court of a county may purchase poisons and related accessories required by citizens of the county to destroy prairie dogs, wildcats, gophers, ground squirrels, wolves, coyotes, rats, English sparrows, and ravens.
(b)  The commissioners court may furnish the poison to citizens of the county free or at cost.
(c)  The commissioners court shall pay for the poison from the general fund of the county and shall deposit the proceeds of any sale to the credit of that fund.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.022.  NOTICE CONCERNING POISON.  (a)  The commissioners court of a county acting under this subchapter shall determine the days on which the poison will be put out and shall give notice at least 20 days before the first day it is put out.
(b)  The notice required by this section must be:
(1)  published in at least one county newspaper, if one is available, for three successive issues;  and
(2)  posted in public places.
(c)  The notice must state when the poison will be put out, the fact that it may be obtained from the commissioners court, and the terms on which it may be obtained.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.024.  DUTIES OF LAND HOLDERS, LESSEES, AND TENANTS.  (a)  Each land holder whose premises are infested with any pests listed in Section 825.021 shall obtain and apply the poison as provided in the plans furnished by the commissioner of agriculture.
(b)  Each lessee or tenant occupying any premises under contract shall obtain the poison and destroy any pests listed in Section 825.021 that infest the premises.  Any expenses incurred under this subsection by a lessee or tenant shall be charged against the landowner and are collectible as any other valid debt.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER C. BOUNTIES FOR PREDATORY ANIMALS

Sec. 825.031.  BOUNTIES FOR PREDATORY ANIMALS.  (a)  The commissioners court of a county may pay bounties for killing predatory animals not listed on any state or federal protected species list.
(b)  The commissioners court may determine which animals are predatory animals in that county.
(c)  The commissioners court may determine the amount of a bounty to be paid under this section for each animal.  The bounty shall be paid from the general fund of the county by a warrant drawn on that fund by the county judge on presentation of proof of destruction required by the commissioners court.  A bounty paid under this section may not exceed $50 for each animal unless approved by the Texas Parks and Wildlife Commission.
(d)  The commissioners court may determine eligibility criteria for receiving a bounty under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 84, Sec. 1,2, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 1279, Sec. 1, eff. Aug. 30, 1999.

Sec. 825.032.  ANGELINA, HENDERSON, OR TRINITY COUNTY:  WOLVES AND OTHER PREDATORY ANIMALS.  (a)  The Commissioners Court of Angelina, Henderson, or Trinity County may pay bounties for the destruction of wolves and other predatory animals in the county.
(b)  The commissioners court may, by resolution entered on its minutes, provide for the destruction of wolves and other predatory animals, the method of destruction and proof necessary to entitle the person destroying the animal to receive the bounty, and the amount of the bounty to be paid for each animal.
(c)  A bounty paid under this section shall be paid by warrant drawn on the general fund of the county by the county judge on presentation of proof of destruction required by the commissioners court.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.033.  ARANSAS, BEE, REFUGIO, OR SAN PATRICIO COUNTY:  RATTLESNAKES, WOLVES, COYOTES, PANTHERS, BOBCATS, AND OTHER PREDATORY ANIMALS.  (a)  The Commissioners Court of Aransas, Bee, Refugio, or San Patricio County may pay bounties for the destruction of rattlesnakes, wolves, coyotes, panthers, bobcats, and other predatory animals in the county to preserve game and to protect the interests of livestock and poultry raisers.
(b)  The commissioners court may set the bounty in an amount not to exceed:
(1)  $5 for each wolf, coyote, panther, or bobcat; 
(2)  50 cents for each raccoon, skunk, opossum, or other similar animal;  and
(3)  10 cents for each rattlesnake.
(c)  The commissioners court shall, by resolution entered on its minutes, specify the amount of the bounty to be paid for each animal and prescribe regulations and require proof necessary to protect the county's interest.
(d)  The bounties paid under this section shall be paid by warrant drawn on the general fund of the county by the county judge.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.034.  PANOLA COUNTY:  WOLVES.  (a)  The Commissioners Court of Panola County may pay bounties on wolves in order to preserve game.
(b)  The commissioners court may set the bounty in an amount not to exceed $25 for each wolf killed.  The bounty shall be paid from the general fund of the county.
(c)  The commissioners court may adopt rules necessary to protect the interest of the county and may require proof necessary to assure that one wolf has been killed for each wolf paid for.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.035.  BORDEN COUNTY:  RABBITS.  (a)  The Commissioners Court of Borden County may pay bounties for lawfully killing wild rabbits in the county to prevent property damage.
(b)  The bounty may not exceed 10 cents for each rabbit and shall be paid from the general fund of the county.
(c)  The commissioners court may adopt rules necessary to protect the interest of the county and may require proof necessary to assure that one rabbit has been killed for each rabbit paid for.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.036.  PRAIRIE DOGS.  Prairie dogs are a public nuisance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 825.037.  EFFECT OF OTHER LAWS.  This subchapter does not authorize:
(1)  the killing of an animal if the killing is prohibited by federal or state law or rule;  or
(2)  the payment of a bounty for killing an animal if the killing is prohibited by federal or state law or rule.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER D. CONTROL OF PREDATORY ANIMALS

Sec. 825.051.  MUNICIPAL CONTROL OF COYOTES.  A municipality with a population density of more than 2,500 persons per square  mile may capture, relocate, or euthanize a coyote located within the municipality or the municipality's extraterritorial jurisdiction.  The municipality may request assistance from Texas Wildlife Services to capture, relocate, or euthanize a coyote.
Added by Acts 2019, 86th Leg., R.S., Ch. 1333 (H.B. 4544), Sec. 1, eff. June 14, 2019.