PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE E. WILDLIFE MANAGEMENT AREAS, SANCTUARIES, AND PRESERVES

CHAPTER 81. MANAGEMENT AREAS AND PRESERVES:  GENERAL AUTHORITY

SUBCHAPTER A. ACTS PROHIBITED IN WILDLIFE PROTECTION AREAS

Sec. 81.001.  TAKING OF WILDLIFE FROM HATCHERIES AND RESERVATIONS PROHIBITED.  No person may take, injure, or kill any fish kept by the state in its hatcheries, or any bird or animal kept by the state on its reservation grounds or elsewhere for propagation or exhibition purposes.
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. 90, eff. Sept. 1, 1985.

Sec. 81.003.  TRESPASS ON STATE HATCHERIES AND RESERVATIONS.  No person may enter without the permission of the department on the grounds of a state fish hatchery or on grounds set apart by the state for the propagation and keeping of birds and animals.
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. 91, eff. Sept. 1, 1985.

Sec. 81.004.  FISHING IN SANCTUARY.  No person may fish or attempt to take fish from a fish sanctuary designated under Subchapter C of this chapter.
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. 92, eff. Sept. 1, 1985.

Sec. 81.006.  TAKING OR POSSESSING SPECIES FROM WILDLIFE MANAGEMENT AREAS.  No person may take or attempt to take or possess any wildlife or fish from a wildlife management area except in the manner and during the times permitted by the department under Subchapter E of this chapter.
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. 93, eff. Sept. 1, 1985.

Sec. 81.007.  PENALTY.  A person who violates a provision of this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 94, eff. Sept. 1, 1985.

SUBCHAPTER B. FISH HATCHERIES

Sec. 81.101.  SALTWATER AREAS.  The commission may construct and maintain saltwater hatcheries and propagation farms for fish, oysters, and game on islands owned by the state in coastal water.  Funds available to the department for the enforcement of game, fish, and oyster laws may be used for costs and expenses authorized under this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 81.102.  FRESHWATER AREAS.  The department may purchase land for the construction, maintenance, enlargement, and operation of freshwater fish hatcheries, and for the construction and maintenance of passes leading from one body of tidewater to another.  On approval of the title by the attorney general, purchases may be made from funds appropriated to the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 81.103.  PROPERTY ACQUISITION;  MANNER AND MEANS.  The department may enter on, condemn, and appropriate land, easements, rights-of-way, and property of any person or corporation in the state for the purpose of erecting, constructing, enlarging, and maintaining fish hatcheries, buildings, equipment, roads, and passageways to the hatcheries.  The department may also enter on, condemn, and appropriate land, easements, rights-of-way, and property of any person or corporation in the state for the purpose of constructing, enlarging, and maintaining passes or channels from one body of tidewater to another body of tidewater in the state.  The manner and method of condemnation, assessment, and payment of damages is the same as is provided for railroads.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 81.104.  CONDEMNATION SUITS.  Condemnation suits under this subchapter shall be brought in the name of the State of Texas by the attorney general at the request of the department and shall be held in Travis County.  All costs in the proceedings shall be paid by the state or by the person against whom the proceedings are had, to be determined as in the case of railroad condemnation proceedings.  All damages and pay or compensation for property awarded in the proceedings shall be paid by the comptroller against any fund or account in state treasury that is limited in use for fish or wildlife purposes and that is appropriated to the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 48, eff. Sept. 1, 1993.

SUBCHAPTER C. FISH SANCTUARIES

Sec. 81.206.  PROCLAMATION.  (a)  Sanctuaries shall be set aside and designated by proclamation of the commission signed by the presiding officer.
(b)  The proclamation must contain:
(1)  the area to be included in the sanctuary;
(2)  the reason for creation of the sanctuary;
(3)  the date on which the proclamation takes effect;
(4)  the duration of the proclamation;  and
(5)  a statement that the sanctuary is set aside and designated under the authority of this subchapter, the citation of which must be included.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 52, eff. Sept. 1, 2001.

Sec. 81.207.  NOTICE.  The department shall give notice of the creation of a sanctuary by each of the following methods:
(1)  by posting copies of the proclamation on the courthouse door of each county in which the sanctuary is located;
(2)  by publishing a brief summary of the proclamation in a newspaper in the county in which the sanctuary is located, or in a newspaper of an adjoining county if the county where the sanctuary is located has no newspaper, once each week for five consecutive weeks;  and
(3)  by posting at least six signs bearing the conspicuous inscription "State Fish Sanctuary--No Fishing" around the boundary of the sanctuary.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 81.208.  EFFECTIVE DATE OF PROCLAMATION.  The proclamation takes effect on the day of the last publication of the notice required by Section 81.207(2) of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 81.209.  EXCLUDED COUNTIES.  This subchapter does not apply to Wichita, Clay, Baylor, and Wilbarger counties.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

SUBCHAPTER D. WILDLIFE MANAGEMENT ASSOCIATION AREAS

Sec. 81.301.  WILDLIFE MANAGEMENT ASSOCIATION AREAS.  (a)  The department may designate two or more contiguous or proximate tracts of land as a wildlife management association area if:
(1)  each owner of the land applies for the designation;
(2)  the land is inhabited by wildlife;
(3)  the department determines that observing wildlife and collecting information on the wildlife will serve the purpose of wildlife management in the state;  and
(4)  the landowners agree to provide the department with information regarding the wildlife under Section 81.302 of this code.
(b)  The department shall prescribe the form and content of an application under this section.
Added by Acts 1993, 73rd Leg., ch. 418, Sec. 3, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 635, Sec. 8, eff. Sept. 1, 1993.

Sec. 81.302.  WILDLIFE MANAGEMENT PLAN;  COLLECTION OF INFORMATION.  (a)  Before the department may approve an application for designation of a wildlife management association area under this subchapter, the applicants must prepare a wildlife management plan according to department guidelines for wildlife management plans.
(b)  The department's guidelines shall require the collection of information on the wildlife that is in a wildlife management association area.
(c)  Activities prescribed in the wildlife management plan must be conducted annually to maintain the designation of a wildlife management association.
Added by Acts 1993, 73rd Leg., ch. 418, Sec. 3, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 635, Sec. 8, eff. Sept. 1, 1993.

Sec. 81.303.  RULES.  The commission may adopt rules necessary to implement this subchapter.
Added by Acts 1993, 73rd Leg., ch. 418, Sec. 3, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 635, Sec. 8, eff. Sept. 1, 1993.

SUBCHAPTER E. WILDLIFE MANAGEMENT AREAS AND PUBLIC HUNTING LANDS

Sec. 81.401.  ACQUISITION AND MANAGEMENT OF AREAS.  (a)  The department may acquire by donation, purchase, lease, or otherwise, and develop, maintain, and operate, wildlife management areas and public hunting lands.
(b)  The department may manage, along sound biological lines, wildlife and fish found on any land the department has or may acquire as a wildlife management area.
(c)  The department may use money from the game, fish, and water safety account to accomplish the purposes of this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 69, eff. Sept. 1, 1985.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 571 (S.B. 1669), Sec. 1, eff. September 1, 2007.

Sec. 81.4011.  DEFINITION.  In this subchapter, "public hunting land" means land:
(1)  owned, leased, or managed by the department, including a wildlife management area; and
(2)  designated by the director as public hunting land.
Added by Acts 2007, 80th Leg., R.S., Ch. 571 (S.B. 1669), Sec. 2, eff. September 1, 2007.

Sec. 81.4012.  APPLICABILITY TO STATE PARK LAND.  This subchapter applies to a state park only:
(1)  on public hunting land in the park; and
(2)  on specific dates designated by the department for public hunting activities.
Added by Acts 2007, 80th Leg., R.S., Ch. 571 (S.B. 1669), Sec. 2, eff. September 1, 2007.

Sec. 81.402.  REGULATION OF HUNTING AND FISHING.  (a)  The executive director may prohibit hunting and fishing in wildlife management areas or public hunting lands to protect any species of wildlife or fish.
(b)  During an open season in wildlife management areas or public hunting lands, the executive director may prescribe the number, kind, sex, and size of game or fish that may be taken.
(c)  The executive director may prescribe the means, methods, and conditions for the taking of game or fish during an open season in wildlife management areas or public hunting lands.
(d)  As sound biological management permits, the commission may prescribe an open season for hunting after it has established a classification system for such areas in accordance with Section 13.001(b).
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 217, Sec. 3, eff. May 18, 1993;  Acts 1997, 75th Leg., ch. 1256, Sec. 121, eff. Sept. 1, 1997.

Sec. 81.403.  PERMITS; FEES.  (a)  The department may issue a permit authorizing access to public hunting land or for specific hunting, fishing, recreational, or other use of public hunting land or a wildlife management area.  The commission by rule shall prescribe the conditions for the issuance and use of a permit under this section.
(a-1)  Except as provided by this section, permits for hunting of wildlife or for any other use in wildlife management areas or public hunting lands shall be issued by the department to applicants by means of a fair method of distribution subject to limitations on the maximum number of permits to be issued.
(b)  The department may implement a system of issuing special permits that gives preference to those applicants who have applied previously but were not selected to receive a permit.
(c)  The department shall charge a permit fee in the amount set by the commission by rule.  Revenue from permit fees for access to state parks must be deposited to the credit of the state parks account.  Revenue from other permit fees under this section must be deposited to the game, fish, and water safety account.
(d)  This subchapter does not exempt any person from compliance with hunting license laws.
(e)  The department may authorize and accept multiple applications for special hunting permits, programs, packages, or events.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 2886, ch. 491, Sec. 2, eff. Aug. 29, 1983;  Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 70, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 217, Sec. 4, eff. May 18, 1993;  Acts 1997, 75th Leg., ch. 1256, Sec. 122, eff. Sept. 1, 1997.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 571 (S.B. 1669), Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 571 (S.B. 1669), Sec. 4, eff. September 1, 2007.

Sec. 81.404.  CONTRACTS FOR REMOVAL OF FUR-BEARING ANIMALS AND REPTILES.  (a)  The department may contract for the removal of fur-bearing animals and reptiles in wildlife management areas under the control of the department.  The removal of fur-bearing animals and reptiles shall be according to sound biological management practices.
(b)  Contracts for the removal of fur-bearing animals and reptiles shall be entered into under the direction of the comptroller in the manner provided by general law for the sale of state property, except that the department shall determine the means, methods, and quantities of fur-bearing animals and reptiles to be taken, and the department may accept or reject any bid received by the comptroller.
(c)  Fur-bearing animals may be removed only during the open season provided by proclamation of the commission under Chapter 71 of this code.  Reptiles may be removed at any time unless there is a proclamation relating to a specific species of reptiles in effect under Chapter 65 or Chapter 67 of this code, in which case that species of reptiles may be removed only during the open season provided for in the proclamation.
(d)  Repealed by Acts 1979, 66th Leg., p. 549, ch. 260, art. 1, Sec. 6, eff. Sept. 1, 1979.
Acts 1975, 64th Leg., p. 1207, ch. 456, Sec. 5, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art. 1, Sec. 6, eff. Sept. 1, 1979;  Acts 1983, 68th Leg., p. 1158, ch. 261, Sec. 2, eff. Aug. 29, 1983.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.107, eff. September 1, 2007.

Sec. 81.405.  REGULATION OF RECREATIONAL ACTIVITIES.  The commission may adopt rules governing recreational activities in wildlife management areas.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 71, eff. Sept. 1, 1985.

SUBCHAPTER F. SCIENTIFIC AREAS

Sec. 81.501.  CREATION OF SCIENTIFIC AREAS.  The department may promote and establish a state system of scientific areas for the purposes of education, scientific research, and preservation of flora and fauna of scientific or educational value.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 81.502.  POWERS AND DUTIES.  To the extent necessary to carry out the purposes of this subchapter, the department may:
(1)  determine the acceptance or rejection of state scientific areas proposed for incorporation into a state system of scientific areas;
(2)  make and publish all rules and regulations necessary for the management and protection of scientific areas;
(3)  cooperate and contract with any agencies, organizations, or individuals for the purposes of this subchapter;
(4)  accept gifts, grants, devises, and bequests of money, securities, or property to be used in accordance with the tenor of such gift, grant, devise, or bequest;
(5)  formulate policies for the selection, acquisition, management, and protection of state scientific areas;
(6)  negotiate for and approve the dedication of state scientific areas as part of the system;
(7)  advocate research, investigations, interpretive programs, and publication and dissemination of information pertaining to state scientific areas and related areas of scientific value;
(8)  acquire interests in real property by purchase;  and
(9)  hold and manage lands within the system.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 81.503.  LAND OF PUBLIC ENTITIES.  All public entities and their agencies are authorized and urged to acquire, administer, and dedicate land as state scientific areas within the system under the policies of the commission authorized by this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 81.504.  EFFECT ON EXISTING AREAS.  Inclusion of a state or local park, preserve, wildlife refuge, or other area within the system established under this subchapter does not cancel, supersede, or interfere with any other law or provision of an instrument relating to the use, management, or development of the area for other purposes except that any agency administering an area within the system is responsible for preserving the natural character of the area under the policies of the commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 81.505.  PROTECTED STATUS.  Neither the designation of an area as a scientific area within the state system nor an intrusion, easement, or taking allowed by the commission under this subchapter voids or replaces a protected status under the law which the area would have if it were not included within the system.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 81.506.  FUNDS TO BE SPECIFICALLY APPROPRIATED.  The commission may not use any funds for the acquisition of scientific areas other than those specifically appropriated for use under this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.