(a) If, on the basis of the reports required by Section 68.010 of this code or an investigation or inspection by an authorized employee of the department, the department finds that a permit holder is improperly caring for or handling the fish or wildlife held under the permit, the department shall give written notice of the objectionable actions or conditions to the permit holder.
(b) If the department finds that the improper caring for or handling of the fish or wildlife is detrimental to the fish or wildlife and immediate protection is needed, the department may seize the fish or wildlife and authorize proper care pending the correction of the improper conditions or actions.
Citation: V.T.C.A., Parks & Wildlife Code § 68.011.
(a) A peace officer who has arrested a person for a violation of this chapter may seize fish or wildlife or goods made from fish or wildlife taken, possessed, or made in violation of this chapter.
(b) Property taken under this section shall be delivered to the department for holding pending disposition of the court proceedings. If the court determines that the property was taken, possessed, or made in violation of the provisions of this chapter, the department may dispose of the property under its regulations. The costs of the department in holding seized fish or wildlife during the pendency of the proceedings may, in appropriate cases, be assessed against the defendant.
Citation: V.T.C.A., Parks & Wildlife Code § 68.017.
All species and subspecies of wildlife classified as endangered are governed by this chapter to the exclusion of other regulatory and licensing laws.
Citation: V.T.C.A., Parks & Wildlife Code § 68.019.
(a) This chapter does not apply to:
(1) coyotes (prairie wolves);
(2) cougars;
(3) bobcats;
(4) prairie dogs; or
(5) red foxes.
(b) This chapter does not apply to the possession of mounted or preserved endangered fish or wildlife acquired before August 31, 1973, by public or private nonprofit educational, zoological, or research institutions. The department may require an institution to furnish a list of mounted or preserved fish or wildlife possessed and proof of the time of acquisition.
Citation: V.T.C.A., Parks & Wildlife Code § 68.020.
(a) A person who violates any provision of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b) A person who violates any provision of this chapter and who has been convicted on one previous occasion of a violation of this chapter commits an offense that is a Class B Parks and Wildlife Code misdemeanor.
(c) A person who violates any provision of this chapter and who has been convicted on two or more previous occasions of a violation of this chapter commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
(d) A violation of a regulation of the department issued under the authority of this chapter is a violation of this chapter.
Citation: V.T.C.A., Parks & Wildlife Code § 68.021.
(a) This chapter does not apply to the taking, possession, or sale of endangered, threatened, or protected plants if the taking, possession, or sale is incidental to:
(1) the possession or sale of the real property on which the plant is growing;
(2) the possession or acquisition of easements or leases on which the plant is growing; or
(3) the harvest or sale of an agricultural crop if the endangered, threatened, or protected plant grows among that crop.
(b) This chapter does not apply to the possession, transportation, or sale of an endangered, threatened, or protected plant if:
(1) the plant originates in another state; and
(2) the person possessing, transporting, or selling the plant complies with the terms of any required federal permit or with the terms of a state permit required by the laws of the originating state.
Citation: V.T.C.A., Parks & Wildlife Code § 88.009.
A person authorized to enforce this chapter may detain for inspection and inspect a vehicle, package, crate, or other container if the person has probable cause to believe it contains a plant in violation of this chapter.
Citation: V.T.C.A., Parks & Wildlife Code § 88.010.
(a) Except as otherwise provided by this section, a person who violates any provision of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b) If it is shown at the trial of the defendant that he has been convicted within the preceding 36 months of a violation of this chapter, on conviction he shall be punished for a Class B Parks and Wildlife Code misdemeanor.
(c) If it is shown at the trial of the defendant that he has been convicted two or more times within the preceding 60 months of a violation of this chapter, on conviction he shall be punished for a Class A Parks and Wildlife Code misdemeanor.
(d) A person who hires or pays another person to take, possess, or transport for commercial sale or sell an endangered, threatened, or protected plant in violation of Subsection (d) of Section 88.008 of this code commits an offense. An offense under this section is a Class B Parks and Wildlife Code misdemeanor.
(e) Each endangered, threatened, or protected plant taken, possessed, transported, or sold in violation of this chapter constitutes a separate offense.
Citation: V.T.C.A., Parks & Wildlife Code § 88.011.
A state or local governmental agency that violates or threatens to violate a provision of this chapter is subject to a civil suit for injunctive relief. The suit shall be brought in the name of the State of Texas.
Citation: V.T.C.A., Parks & Wildlife Code § 88.012.