PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE B. HUNTING AND FISHING

CHAPTER 63. GAME AND NONGAME ANIMALS

SUBCHAPTER A. GAME ANIMALS

Sec. 63.001.  GAME ANIMALS.  (a)  The following animals are game animals:  mule deer, white-tailed deer, pronghorn antelope, desert bighorn sheep, gray or cat squirrels, fox squirrels or red squirrels, and collared peccary or javelina.
(b)  No species of any animal set out in Subsection (a) of this section or any other animal is a game animal if it is not indigenous to this state.
(c), (d) Repealed by Acts 1997, 75th Leg., ch. 863, Sec. 8, eff. Sept. 1, 1997.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 1860, ch. 439, Sec. 6, eff. Aug. 31, 1981;  Acts 1987, 70th Leg., ch. 35, Sec. 1, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1256, Sec. 8, eff. Sept. 1, 1997.

Sec. 63.002.  POSSESSION OF LIVE GAME ANIMALS.  No person may possess a live game animal in this state for any purpose not authorized by this code.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 91, eff. Sept. 1, 1997.

SUBCHAPTER B. NONGAME ANIMALS

Sec. 63.101.  PROTECTION OF BATS.  (a)  Except as provided by Subsections (b) and (c), no person may:
(1)  hunt a bat;  or
(2)  sell, offer for sale, purchase, offer to purchase, or possess after purchase a bat or any part of a bat, dead or alive.
(b)  A bat may be removed or hunted if the bat is inside or on a building occupied by people.
(c)  This section does not apply to:
(1)  an animal control officer, a peace officer, or a health official who captures a bat that the officer or official considers injured or diseased;
(2)  a person who transports a bat for the purpose of laboratory testing if the bat has exposed or potentially exposed humans or domestic animals to rabies;  or
(3)  a person who is licensed to provide pest control services.
Added by Acts 2001, 77th Leg., ch. 363, Sec. 1, eff. Sept. 1, 2001.

Sec. 63.102.  WOLVES.  (a)  No person may possess, transport, receive, or release a live wolf in this state.
(b)  Subsection (a) does not apply to the transportation of a wolf by a state or county official while performing an official duty or to the possession or transportation of a wolf by the owner or agent of a licensed circus, zoo, or menagerie for exhibition or scientific purposes.
(c)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
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. 110, eff. Sept. 1, 1985.

Sec. 63.103.  SALE OF CERTAIN LIVE ANIMALS.  (a)  No person may sell or possess for the purpose of sale in this state a living armadillo.
(b)  This section does not apply to:
(1)  the sale of an animal by or to a zoo;
(2)  the sale of an animal to an educational institution or a medical or research center for scientific purposes as authorized by a permit issued under Subchapter C, Chapter 43, of this code;  or
(3)  the sale to a commercial dealer who in turn resells for purposes authorized in Subdivisions (1) and (2) of this subsection.
(c)  In this section, "zoo" means a publicly or privately owned establishment that has a permanent place of business open to the public and that displays 15 or more different species of wildlife.
(d)  A peace officer who has probable cause to believe that an animal has been sold or held for sale in violation of Subsection (a) of this section may seize the animal and hold it for observation to determine if the animal has rabies or any other communicable disease harmful to man or other animals.  If the animal is free from disease, the officer may release the animal or, if the animal is otherwise dangerous or harmful, may destroy it.  If the animal is diseased, it shall be destroyed.  An officer exercising the duties under this section is immune from liability.
(e)  A person who violates Subsection (a) of this section, in addition to the penalties under Section 63.104 of this code, on conviction shall pay all costs and expenses incurred under Subsection (d) of this section.
Added by Acts 1979, 66th Leg., p. 386, ch. 177, Sec. 1, eff. Aug. 27, 1979.  Amended by Acts 1981, 67th Leg., p. 2741, ch. 748, Sec. 5, eff. Sept. 1, 1981;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 51, eff. Sept. 1, 1985.

Sec. 63.104.  PENALTIES.  (a)  A person who violates Section 63.102 of this code commits an offense that is a Parks and Wildlife Code felony.
(b)  A person who violates Section 63.103 of this code commits an offense that is a Class B Parks and Wildlife Code misdemeanor.
(c)  A person who violates Section 63.002 or 63.101 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 52, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 354, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 363, Sec. 2, eff. Sept. 1, 2001.