PARKS AND WILDLIFE CODE
CHAPTER 45. GAME BIRD BREEDER'S LICENSE
§ 45.001. LICENSE REQUIRED. No person may possess game
birds in captivity for the purpose of propagation or sale without
first acquiring the proper license authorized to be issued under
this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1208, ch. 456, § 8(a), eff.
Sept. 1, 1975; Acts 1997, 75th Leg., ch. 1256, § 49, eff. Sept.
1, 1997.
§ 45.002. FORM OF LICENSE; PERIOD OF
VALIDITY. (a) The department shall issue the licenses authorized
by this chapter on a form provided by the department and may
designate agents for their issuance.
(b) Each license shall be numbered.
(c) A license is valid for a yearly period. Each yearly
period begins on September 1 or another date set by the commission
and extends through August 31 of the next year or another date set
by the commission. The commission by rule may set the amount of a
license fee for a license issued during a transition period at an
amount lower than prescribed in this section and provide for a
license term for a transition period that is shorter or longer than
a year.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 365, § 3, eff. May 31, 1993;
Acts 1995, 74th Leg., ch. 931, § 47, eff. June 16, 1995.
§ 45.003. TYPES OF LICENSES; FEES. (a) A class 1
commercial game bird breeder's license entitles the holder to
possess in captivity more than 1,000 game birds. The fee for a
class 1 license is $100 or an amount set by the commission,
whichever amount is more.
(b) A class 2 commercial game bird breeder's license
entitles the holder to possess in captivity not more than 1,000 game
birds during any calendar year. The fee for a class 2 license is $10
or an amount set by the commission, whichever amount is more.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1208, ch. 456, § 8(b), eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 1331, ch. 277, § 18, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 28, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, § 50, eff. Sept.
1, 1997.
§ 45.004. SIZE OF ENCLOSURES. (a) No holder of a
license under this chapter may retain game birds, other than a
migratory bird or waterfowl, in an enclosure larger than 40 acres.
(b) No holder of a license under this chapter may retain a
migratory bird or waterfowl in an enclosure larger than 320 acres.
(c) "Captivity" means the keeping of game birds in an
enclosure or pen.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 45.005. RECORDS OF LIVE BIRD SALES. (a) No holder of
a commercial game bird breeder's license may sell a live game bird
without issuing a written document showing the name and serial
number of the game bird breeder, the name and address of the
purchaser, and the description and number of game birds sold. The
document shall be delivered to the purchaser.
(b) The department shall issue to each holder of a
commercial game bird breeder's license a serial number which shall
remain the number of the person holding the license as long as he
continues to hold a license.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1209, ch. 456, § 8(c), eff.
Sept. 1, 1975; Acts 1981, 67th Leg., p. 2441, ch. 625, § 1, eff.
Sept. 1, 1981.
§ 45.006. SALES OF GAME BIRD CARCASSES OR PARTS OF A GAME
BIRD. (a) No person may sell, offer for sale, or purchase the
carcass or any part of a dead pen-raised game bird unless:
(1) the carcass or part is clearly stamped and marked
by the stamp authorized by Subsection (b); or
(2) the carcass or part is delivered to the purchaser
and is accompanied by a document on which is printed or written the
name, street address, and identification number, if applicable, of
the game bird breeder.
(b) Each holder of a license required by this chapter who
offers for sale the carcass of a pen-raised game bird may acquire a
rubber stamp which, when used, shows the identification number of
the holder of the license.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2441, ch. 625, § 2, eff.
Sept. 1, 1981; Acts 1997, 75th Leg., ch. 1256, § 51, eff. Sept.
1, 1997.
§ 45.0061. SOURCE OF GAME BIRDS. A person who is not
required to possess a commercial game bird breeder's license and
who is in possession of a live game bird or part of a dead game bird
shall, on the request of a game warden commissioned by the
department, furnish to the warden a receipt showing the name and
street address of the person and the name and street address of the
source from which any live game bird or part of a dead game bird in
the possession of the person was derived. The receipt must also
show the date of sale and the species and number of live game birds
or parts of dead game birds acquired. The failure or refusal to
comply with this section is a violation of this chapter.
Added by Acts 1975, 64th Leg., p. 1209, ch. 456, § 8(d), eff.
Sept. 1, 1975. Amended by Acts 1997, 75th Leg., ch. 1256, § 52,
eff. Sept. 1, 1997.
§ 45.007. PROHIBITED ACTS. (a) No holder of a game
bird breeder's license may sell a live game bird unless it is in a
healthy condition.
(b) No person may purchase a live game bird except from a
holder of a game bird breeder's license; however, this subsection
does not prohibit the purchase of live game birds delivered by a
common carrier from outside the state.
(c) The carcass of a pen-raised game bird offered for sale
must be killed other than by shooting.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 45.008. RECORDS; REPORTS. (a) Each commercial game
bird breeder shall maintain records showing the numbers of game
birds acquired, propagated, sold, and disposed of in any other
manner. The records shall be on forms provided by the department
and shall contain any other information required by the department.
(b) During August of each year or another month set by the
commission, but before August 31 or another date established by the
commission, a commercial game bird breeder shall send to the
department a report showing the total number of game birds in the
possession of the breeder during the reporting period and
accounting for the acquisition and disposition of each game bird.
The reporting period is from August 1 of the preceding year through
July 31 of the current year or another yearly period established by
the commission.
(c) The failure to keep the records required by Subsection
(a) of this section or to make the report as required by Subsection
(b) of this section is a violation of this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 365, § 4, eff. May 31, 1993;
Acts 1995, 74th Leg., ch. 931, § 48, eff. June 16, 1995.
§ 45.009. EXCEPTIONS. (a) A commercial game bird
breeder may process game birds for personal consumption at any
time.
(b) This chapter does not apply to a person holding a permit
under Section 43.022.
(c) Any person owning or operating a business where food is
sold for consumption, including a restaurant, hotel, boarding
house, or club, may sell game birds obtained from a legal source for
consumption on the premises of the business.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 53, eff. Sept. 1,
1997.
§ 45.010. INSPECTIONS. An authorized employee of the
department may inspect the facilities and enclosures of a person
licensed under this chapter at any time during normal business
hours without a warrant.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 45.011. PERMITS REQUIRED BY THE UNITED STATES. This
chapter does not authorize any act prohibited by federal law
without a permit issued by the United States, nor does the
possession of a permit issued by the United States authorize any act
prohibited by this chapter unless expressly provided by federal
law.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 45.012. PENALTY. A person who violates a provision of
this chapter commits an offense that is a Class C Parks and Wildlife
Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 30, eff.
Sept. 1, 1985.
