Texas Parks & Wildlife - Hunting Regulations

Section 42.002, Parks and Wildlife Code (the Code) provides that no person may hunt any animal without first obtaining and having in onešs possession a valid hunting license. For purposes of this statute, "animal" includes any terrestrial vertebrate; therefore, a hunting license is required to hunt reptiles. HUNTING DEFINED "Hunt" is defined in Section 1.101 of the Code and means "capture, trap, take, or kill or an attempt to capture, trap, take, or kill." HUNTING FROM A VEHICLE ON PUBLIC ROAD PROHIBITED Section 62.003 of the Code specifically prohibits anyone from hunting any animal from a vehicle on a public road. An officer makes a determination of whether a person is hunting from a vehicle in violation of this statute by observing the driveršs use or maneuvering of a vehicle on a public road. If a person is driving in an abnormal, unlawful, or erratic manner, which includes driving slow enough to create a safety hazard, stopping and starting on the pavement or roadbed, shining lights in ditches, or turning crossways in the roadway in order to spot snakes lying on the opposite ledges of the right-of-way, it not only constitutes probable cause to believe hunting from a vehicle on a public road is occurring, but such use of a vehicle is a violation of the Texas Transportation Code. If not otherwise prohibited, it is lawful for a person to drive a vehicle to any area along the course of a public road, park the vehicle, and walk the road right-of-way to hunt snakes if they do not discharge a firearm while on the right-of-way or trespass on the privately-owned property adjacent to the road. A violation of Section 62.003 of the Code is a Class C misdemeanor, punishable by a fine of $25 - $500 for a first offense. A second or subsequent offense within 5 years of the first offense is a Class B misdemeanor, punishable by a fine of $200 - $2,000 and/or a jail term not to exceed 180 days. In either event, each reptile unlawfully collected constitutes a separate offense. HUNTING SNAKES WITHOUT LANDOWNER CONSENT No person may hunt or catch by any means or method a snake at any time on private property without the consent of the landowner or landowner's agent. The first offense is a Class B misdemeanor. Additionally, the person's hunting license is automatically revoked or suspended. A second violation is enhanced to a Class A misdemeanor, with automatic revocation or suspension of the hunting license. CRIMINAL TRESPASS A person commits the offense of "criminal trespass" defined in Section 30.05, Texas Penal Code, if he or she enters or remains on property or in a building of another without effective landowneršs consent. A trespass violation is a Class B misdemeanor (a fine up to $2,000 and/or confinement in jail for a term not to exceed 180 days), unless the violator carries a deadly weapon on or about his person, in which event it is a Class A misdemeanor (a fine up to $4,000 and/or a jail term not to exceed one year). CIVIL RESTITUTION In addition to criminal fines that may be imposed, a person may be assessed a civil restitution fee for snakes unlawfully killed, caught, taken, possessed, or injured in violation of the Code or a regulation adopted under the authority of the Code. The recovery value for each snake is the value of the species at the time it was illegally killed, caught, taken, possessed, or injured, plus $500 if the snake is classified as threatened. Examples of civil restitution fees that may be assessed are as follows: Non-threatened snake: Trans-Pecos Rat snake (Bogertophis subocularis) $63.00 Threatened snake: Indigo snake (Drymarchon corais) $515.50 THREATENED SPECIES Threatened Non-game Species Proclamation (31 TAC Chapter 65, Subchapter G): No person may: * take, possess, transport, export, sell, or offer for sale, or ship snakes listed as threatened. * possess, transport, export, sell, or offer for sale goods made from snakes listed as threatened, unless the person possesses proof that the goods were obtained from lawfully taken snakes. Threatened Species: Big Bend Blackhead Snake (Tantilla rubra) Black-striped Snake (Coniophanes imperialis) Brazos Water Snake (Nerodia harteri) Concho Water Snake (Nerodia paucimaculata) Indigo Snake (Drymarchon corais) Louisiana Pine Snake (Pituophis melanoleucus ruthveni) Northern Cat-eyed Snake (Leptodeira septentrionalis) Scarlet Snake (Cemophora coccinea) Smooth Green Snake (Liochlorophis vernalis) Speckled Racer Snake (Drymobius margaritiferus) Texas Lyre Snake (Trimorphodon biscutatus) Timber Rattlesnake (Crotalus horridus) No permit is required to: * take or transport species listed above to the nearest Department of Health or medical facility if the species poses an immediate threat to human safety or welfare; * transport within this state mounted or preserved specimens of species listed above, provided that any transfer is: a. without monetary consideration and is between educational or research institutions, nonprofit municipal zoological gardens, or nonprofit foundations or associations; and b. the specimens were originally obtained under a valid scientific or zoological permit. A copy of the voucher or other evidence of transfer shall be forwarded to the Department within 20 days following the transfer, and shall specifically indicate the types and numbers of specimens transferred. * possess or transport live, mounted, or preserved specimens of species legally collected in another state, except that a copy of a valid out-of-state permit authorizing the possession of the specimen during transport within this state must be retained by the person or institution possessing the specimen. The provisions of the law governing wildlife are subject to changes by the Texas Legislature and Parks and Wildlife Commission. As changes occur, the information contained herein shall be amended to reflect the specific changes. Issued by the Law Enforcement Division at Austin, Texas on November 24, 1997 Comments or concerns should be directed to: L. David Sinclair Director of Wildlife Enforcement Law Enforcement Division Texas Parks and Wildlife Department 4200 Smith School Road Austin, Texas 78744-3292 Phone (512) 389-4854 Fax (512) 389-8400 E-mail david.sinclair@tpwd.state.tx.us