Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
32 Cards in this Set
- Front
- Back
|
Sec. 12.001. GENERAL DUTIES.
|
(a) The department shall administer the laws relating to game, fish, oysters, and marine life, as set out in this code.
(b) The department may: (1) collect and enforce the payment of all taxes, licenses, fines, and forfeitures due to the department; (2) inspect all products required to be taxed by the laws relating to game, fish, oysters, and marine life and verify the weights and measures of the products; (3) examine on request all streams, lakes, and ponds for the purpose of stocking with fish best suited to the locations; (4) manage the propagation and distribution of fish in state fish hatcheries; and (5) manage the propagation and distribution of birds and game in state reservations. |
|
|
Sec. 12.0011. RESOURCE PROTECTION.
|
(a) The department is the state agency with primary responsibility for protecting the state's fish and wildlife resources.
(b) The department's resource protection activities include: (1) investigating fish kills and any type of pollution that may cause loss of fish or wildlife resources, taking necessary action to identify the cause and party responsible for the fish kill or pollution, estimating the monetary value of lost resources, and seeking restoration through presentation of evidence to the agency responsible for permitting or through suit in county or district court; (2) providing recommendations that will protect fish and wildlife resources to local, state, and federal agencies that approve, permit, license, or construct developmental projects; (3) providing information on fish and wildlife resources to any local, state, and federal agencies or private organizations that make decisions affecting those resources; and (4) providing recommendations to the Texas Department of Water Resources on scheduling of in-stream flows and freshwater inflows to Texas estuaries for the management of fish and wildlife resources. |
|
|
Sec. 12.013. POWER TO TAKE WILDLIFE; FISH.
|
(a) An employee of the department acting within the scope of the employee's authority may possess, take, transport, release, and manage any of the wildlife and fish in this state for investigation, propagation, distribution, education, disease diagnosis or prevention, or scientific purposes.
(b) A person who is not an employee of the department who is participating under the supervision of a department employee in a program or event designated by the director as being conducted for research or species propagation and as exempt from the normally applicable size or bag limits may possess, take, transport, or release any fish in this state to accomplish the intent of the program or event. |
|
|
Sec. 12.015. REGULATION OF FISH, SHELLFISH, AND AQUATIC PLANTS.
|
The department shall regulate the introduction and stocking of fish, shellfish, and aquatic plants into the public water of the state.
|
|
|
Sec. 12.017. DAMAGING MARKERS.
|
(a) No person may damage, deface, destroy, or remove, tie up a boat to, or in any way render inoperative or ineffective a marker, buoy, light or sound signal, radar reflector, or daymark or any part of these devices, including the attachment intended to hold the device in place.
(b) The fact that a device or part of a device specified in Subsection (a) of this section may have been established by the state in water adjacent to but outside the territorial water of the state is not a defense against a prosecution for damaging state property. |
|
|
Sec. 12.102. INSPECTION OF WILDLIFE RESOURCES.
|
A game warden or other peace officer commissioned by the department who observes a person engaged in an activity regulated by this code or under the jurisdiction of the commission or reasonably believes that a person is or has been engaged in an activity regulated by this code or under the jurisdiction of the commission may inspect:
(1) any license, permit, tag, or other document issued by the department and required by this code of a person hunting or catching wildlife resources; (2) any device that may be used to hunt or catch a wildlife resource; (3) any wildlife resource in the person's possession; and (4) the contents of any container or receptacle that is commonly used to store or conceal a wildlife resource. a game warden or other peace officer commissioned by the department may inspect any wildlife resource that has been taken by a person and is in plain view of the game warden or other peace officer. |
|
|
Sec. 12.103. ENTERING LAND; USE OF INFORMATION OBTAINED BY ENTRY; CIVIL PENALTY.
|
(a) To enforce the game and fish laws of the state and to conduct scientific investigations and research regarding wild game or fish, an authorized employee of the department may enter on any land or water where wild game or fish are known to range or stray. No action may be sustained against an employee of the department to prevent his entering on land or water when acting in his official capacity as described by this subsection.
|
|
|
Sec. 12.104. RIGHT TO SEARCH AND INSPECT.
|
(a) A game warden or other peace officer commissioned by the department may search a game bag, vehicle, vessel, or other receptacle if the game warden or peace officer has a reasonable, articulable suspicion that the game bag, vehicle, vessel, or receptacle contains a wildlife resource that has been unlawfully killed or taken.
(b) A game warden or other peace officer commissioned by the department may inspect a wildlife resource or a part or product of a wildlife resource that is discovered during a search under Subsection (a) of this section. |
|
|
Sec. 12.106. NOTICE TO APPEAR.
|
(a) Any peace officer of this state or a political subdivision of this state or an authorized employee of the department who arrests a person for a violation of this code or a regulation of the commission adopted under this code may deliver to the alleged violator a written notice to appear before the justice court, county court, or another court having jurisdiction of the offense not later than 15 days after the date of the alleged violation.
(b) On signing the written notice to appear and thereby promising to appear as provided in the notice, the alleged violator shall be released. (c) A person who fails to appear for a violation of this code or a regulation of the commission adopted under this code within the time specified in the written notice commits an offense that is a Class C Parks and Wildlife Code misdemeanor, and a warrant for the arrest of the alleged violator may be issued. |
|
|
Sec. 12.109. CONFISCATION AND DISPOSITION OF AQUATIC PRODUCTS.
|
When an enforcement officer of the department believes that a person has unlawful possession of any fish, oysters, shrimp, or other aquatic products as defined by Section 47.001(16) of this code, taken in violation of this code or a proclamation of the commission adopted under this code, he shall seize the aquatic products and all aquatic products aboard any vessel involved, or in any device used to catch or store aquatic products, whether in storage or on deck, and whether alive or dead, frozen or fresh, whole or processed to any extent. The officer shall sell the aquatic products and dispose of the proceeds as provided in Subsection (b) of this section.
|
|
|
Sec. 12.110. DISPOSITION OF CONFISCATED GAME
|
(a) Except as provided by Subsection (d), the department shall donate, whenever donation is reasonably practicable, any wild game animal, bird, fowl, game fish, or exotic animal that is unlawfully killed, taken, shipped, held in storage, possessed, or offered for sale in a public eating place to a charitable institution, hospital, or person or persons.
|
|
|
Sec. 12.1101. SEIZURE AND DISPOSAL OF CERTAIN ANIMALS' PELTS AND CARCASSES
|
(a) A game warden or authorized employee of the department may seize a fur-bearing animal, pelt, or carcass taken or possessed in violation of a provision of this code or a lawful regulation of the commission.
|
|
|
Sec. 12.1105. SEIZURE AND DISPOSITION OF UNLAWFUL FISHING DEVICES.
|
(a) When a game warden or other peace officer finds in or on the public water of the state a seine, net, trawl, trap, or other device that is in or on the water in violation of a provision of this code or in violation of a lawful regulation of the commission or is aboard a vessel in violation of a provision of this code or a lawful regulation of the commission, the warden or other peace officer shall seize without a warrant the seine, net, trawl, trap, or device.
(c) If no person is charged with an offense in connection with the seizure of a seine, net, trawl, trap, or other device under this section, and no person is found in possession of the seine, net, trawl, trap, or device, the warden or other peace officer shall give notice of the seizure to the county judge or a judge of a county court at law or justice court of the county where the seizure occurred. The notice must include a description of the items seized and the location of the seizure. The court shall then direct the sheriff or a constable to post a copy of the notice in the county courthouse for not less than 10 days. At the expiration of 10 days, the court shall hold a hearing to determine if the seine, net, trawl, trap, or device was used or possessed in violation of a provision of this code or of a lawful regulation of the commission. Except as provided in Subsection (e) of this section, if the use or possession was unlawful, the warden or other peace officer shall destroy the seine, net, trawl, trap, or device. |
|
|
Sec. 12.114. DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE REQUIRED.
|
(a) A person who is 17 years of age or older and who has a license or permit issued under this code or who is engaging in an activity that requires a license or permit shall have a driver's license or personal identification certificate in the person's immediate possession.
|
|
|
Sec. 12.115. OFFENSE.
|
a) A person who is arrested for an alleged violation of this code or a proclamation or regulation adopted under this code commits an offense if the person:
(1) does not have in his immediate possession a driver's license or personal identification certificate required by Section 12.114 of this code; or (2) fails or refuses to display the driver's license or personal identification certificate required by Section 12.114 of this code when requested to do so by any peace officer, game warden, magistrate, or officer of a court of competent jurisdiction. (b) An offense under this section is a Class C Parks and Wildlife Code misdemeanor. |
|
|
Sec. 12.119. VIOLATION OF COMMISSION RULE ON POSSESSION OF LICENSE; PENALTY.
|
(a) A person commits an offense if the person violates a rule adopted by the commission relating to possessing a license or stamp otherwise required by this code for hunting wildlife resources or for catching aquatic life.(b) An offense under this section is a Class C Parks and Wildlife misdemeanor.
|
|
|
Sec. 12.301. LIABILITY FOR VALUE OF FISH, SHELLFISH, REPTILE, AMPHIBIAN, BIRD, OR ANIMAL.
|
A person who kills, catches, takes, possesses, or injures any fish, shellfish, reptile, amphibian, bird, or animal in violation of this code or a proclamation or regulation adopted under this code is liable to the state for the value of each fish, shellfish, reptile, amphibian, bird, or animal unlawfully killed, caught, taken, possessed, or injured.
|
|
|
Sec. 12.404. CLASS A PARKS AND WILDLIFE CODE MISDEMEANOR.
|
An individual adjudged guilty of a Class A Parks and Wildlife Code misdemeanor shall be punished by:
(1) a fine of $500 - $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and imprisonment. |
|
|
Sec. 12.405. CLASS B PARKS AND WILDLIFE CODE MISDEMEANOR.
|
An individual adjudged guilty of a Class B Parks and Wildlife Code misdemeanor shall be punished by:
(1) a fine of $200 - $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and imprisonment. |
|
|
Sec. 12.406. CLASS C PARKS AND WILDLIFE CODE MISDEMEANOR.
|
An individual adjudged guilty of a Class C Parks and Wildlife Code misdemeanor shall be punished by a fine of $25 - $500.
|
|
|
Sec. 12.4061. PARKS AND WILDLIFE CODE
STATE JAIL FELONY |
(a) An individual adjudged guilty of a Parks and Wildlife Code state jail felony shall be punished by confinement in a state jail for 180 days - 2 years.
(b) In addition to confinement, an individual adjudged guilty of a Parks and Wildlife Code state jail felony may be punished by a fine of $1,500 - $10,000. |
|
|
Sec. 12.407. PARKS AND WILDLIFE CODE FELONY.
|
(a) An individual adjudged guilty of a Parks and Wildlife Code felony shall be punished by confinement in the Texas Department of Criminal Justice for any term of 2 - 10 years.
(b) In addition to imprisonment, an individual adjudged guilty of a Parks and Wildlife Code felony may be punished by a fine of $2,000 - $10,000. |
|
|
Sec. 12.409. SEPARATE OFFENSES.
|
Each fish, bird, animal, reptile, amphibian, or egg or part of a fish, bird, animal, reptile, amphibian, or egg taken, possessed, killed, left to die, imported, exported, offered for sale, sold, purchased, attempted to be purchased, or retained in violation of any provision of this code or a proclamation or regulation adopted under this code constitutes a separate offense.
|
|
|
Sec. 12.411. JURISDICTION OF JUSTICE COURT.
|
In addition to the jurisdiction provided by the constitution and other law, a justice court has jurisdiction of Class C Parks and Wildlife Code misdemeanors.
|
|
|
Sec. 13.0145. SPEED LIMITS.
|
(a) The department shall set and enforce speed limits on a road in a state park, wildlife management area, or other site under the control of the department as follows:
(1) 30 miles per hour on a park road or main drive; (2) 20 miles per hour on a secondary road; or (3) as posted by the department. (b) The department shall: (1) consult with the Texas Department of Transportation to determine if a speed limit under Subsection (a) is reasonable and safe based on an engineering and traffic control study; and (2) amend the limit, if necessary. |
|
|
Sec. 13.102. SCOPE OF REGULATIONS
|
The regulations may govern:
(1) the conservation, preservation, and use of state property whether natural features or constructed facilities; (2) the abusive, disruptive, or destructive conduct of persons; (3) the activities of park users including camping, swimming, boating, fishing, or other recreational activities; (4) the possession of pets or animals; (5) the regulation of traffic and parking; and (6) conduct which endangers the health or safety of park users or their property. |
|
|
Sec. 13.106. POSTING OF REGULATIONS.
|
All specific or general regulations applying to a state park, historic site, scientific area, or fort must be posted in a conspicuous place at the park, site, or fort. A copy of the regulations shall be made available on request to persons using the park.
|
|
|
Sec. 13.108. REMOVAL FROM PARK.
|
(a) Any person directly or indirectly responsible for disruptive, destructive, or violent conduct which endangers property or the health, safety, or lives of persons or animals may be removed from a park, historic site, scientific area, or fort for a period not to exceed 48 hours.
(b) Prior to removal under this section, the person must be given notice of the provisions of this section and an opportunity to correct the conduct justifying removal. (c) A court of competent jurisdiction may enjoin a person from reentry to the park, scientific area, site, or fort, on cause shown, for any period set by the court. |
|
|
Sec. 13.109. ENFORCEMENT OF REGULATIONS.
|
Regulations adopted under this subchapter may be enforced by any peace officer, including those employees of the department commissioned as peace officers under Section 11.019 of this code. A notice to appear may be issued by a peace officer for violation of a regulation on a form prescribed by the commission.
|
|
|
Sec. 22.022. POWERS OF DEPARTMENT.
|
(a) The department may: (1) fix entrance fees for admission to the park; (2) fix charges to be collected from patrons of the park; (3) execute grazing leases covering all or part of the park land; (4) grant concessions in the park; (5) make improvements in the park; and (6) execute any other contracts necessary to carry out the provisions of this subchapter. (b) Improvements may include the construction of dams to impound water to form a lake or lakes for recreational and other conservation purposes within the park. Before constructing any dam or lake, the commission must obtain permits required by law from the Texas Water Rights Commission. |
|
|
Sec. 11.019. EMPLOYEES AS PEACE OFFICERS. |
(a) The director may commission as peace officers any of the employees provided for in the general appropriations act. (b) Law enforcement officers commissioned by the director have the same powers, privileges, and immunities as peace officers coextensive with the boundaries of this state. (c) Law enforcement officers commissioned by the director have the same authority as a sheriff to arrest, serve criminal or civil process, and require aid in serving criminal or civil process coextensive with the boundaries of this state. (d) A law enforcement officer commissioned by the director may arrest without a warrant any person in this state found in the act of violating any law. |
|
|
Sec. 11.0191. ENFORCEMENT OF CODE. |
Law enforcement officers commissioned by the director and any other peace officers have the authority to enforce all provisions of this code.
|
