PARKS AND WILDLIFE CODE
SUBTITLE E. WILDLIFE MANAGEMENT AREAS, SANCTUARIES, AND PRESERVES
CHAPTER 81. MANAGEMENT AREAS AND PRESERVES: GENERAL AUTHORITY
SUBCHAPTER A. ACTS PROHIBITED IN WILDLIFE PROTECTION AREAS
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 90, eff.
Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 91, eff.
Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 92, eff.
Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 93, eff.
Sept. 1, 1985.
§ 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, § 94, eff. Sept.
1, 1985.
SUBCHAPTER B. FISH HATCHERIES
§ 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, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 679, § 48, eff. Sept. 1,
1993.
SUBCHAPTER C. FISH SANCTUARIES
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 2001, 77th Leg., ch. 968, § 52, eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
§ 81.209. EXCLUDED COUNTIES. This subchapter does not
apply to Wichita, Clay, Baylor, and Wilbarger counties.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER D. WILDLIFE MANAGEMENT ASSOCIATION AREAS
§ 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, § 3, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 635, § 8, eff. Sept. 1, 1993.
§ 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, § 3, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 635, § 8, eff. Sept. 1, 1993.
§ 81.303. RULES. The commission may adopt rules
necessary to implement this subchapter.
Added by Acts 1993, 73rd Leg., ch. 418, § 3, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 635, § 8, eff. Sept. 1, 1993.
SUBCHAPTER E. WILDLIFE MANAGEMENT AREAS AND PUBLIC HUNTING LANDS
§ 81.401. ACQUISITION AND MANAGEMENT OF AREAS. The
department may acquire, develop, maintain, and operate wildlife
management areas and may manage, along sound biological lines,
wildlife and fish found on any land the department has or may
acquire as a wildlife management area.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 69, eff.
Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 217, § 3, eff. May 18, 1993;
Acts 1997, 75th Leg., ch. 1256, § 121, eff. Sept. 1, 1997.
§ 81.403. PERMITS. (a) Except as provided in
Subsections (b) and (e), permits for hunting of wildlife or for any
other use in wildlife management areas 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.
(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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 2886, ch. 491, § 2, eff. Aug.
29, 1983; Acts 1985, 69th Leg., ch. 267, art. 1, § 70, eff. Sept.
1, 1985; Acts 1993, 73rd Leg., ch. 217, § 4, eff. May 18, 1993;
Acts 1997, 75th Leg., ch. 1256, § 122, eff. Sept. 1, 1997.
§ 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 State
Purchasing and General Services Commission 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 State Purchasing and
General Services Commission.
(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, § 6, eff. Sept. 1, 1979.
Acts 1975, 64th Leg., p. 1207, ch. 456, § 5, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art. 1, § 6,
eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 1158, ch. 261, § 2,
eff. Aug. 29, 1983.
§ 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, § 71, eff. Sept.
1, 1985.
SUBCHAPTER F. SCIENTIFIC AREAS
§ 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, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
§ 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, § 1, eff. Sept. 1, 1975.
