31 Tex. Admin. Code § 53.2 - License Issuance Procedures, Fees, Possession, and Exemption Rules
(a) Hunting license possession.
(1) Except as provided in this section, no
person may hunt in this state without having a valid physical hunting license
in immediate possession.
(2) A
person may hunt in this state without having a valid physical hunting license
in immediate possession if that person has acquired a license electronically
and has either:
(A) a receipt, notification,
or application data from the department on a smart phone, computer, tablet, or
similar device indicating acquisition of a digital license described in §
53.3(a)(12) of
this title (relating to Combination Hunting and Fishing License Packages) or §
53.4(a)(1) of
this title (relating to Lifetime Licenses); or
(B) a valid confirmation number in possession
while awaiting fulfilment of the physical license. Confirmation numbers shall
only be valid for 20 days from date of purchase.
(3) Except as provided in this section, a
person may hunt deer in this state without having a valid physical hunting
license in immediate possession only if that person:
(A) has acquired a license electronically and
has a valid confirmation number in possession while awaiting fulfilment of the
physical license; and
(B) is
lawfully hunting:
(i) under the provisions of
§
65.29 of this title (relating to
Managed Lands Deer (MLD) Programs);
(ii) by special permit under the provisions
of Chapter 65, Subchapter H of this title (relating to Public Lands
Proclamation);
(iii) on
department-leased lands under the provisions of Parks and Wildlife Code, §
11.0271;
or
(iv) by special antlerless
permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are
part of the department's public hunting program.
(4) For the purposes of this
chapter, any person under the age of 17 is a resident.
(b) Fishing license possession.
(1) A person may fish in this state without
having a valid physical fishing license in immediate possession if that person:
(A) is exempt by rule or statute from holding
a fishing license; or
(B) has
acquired a license electronically and has either:
(i) a receipt, notification, or application
data from the department on a smart phone, computer, tablet, or similar device
indicating acquisition of a digital license described in §
53.3(a)(12) of
this title or §
53.4(a)(1) of
this title; or
(ii) a valid
confirmation number in possession while awaiting fulfilment of the physical
license. Confirmation numbers shall only be valid for 20 days from date of
purchase.
(2)
No person may catch and retain a red drum over 28 inches in length in the
coastal waters of this state without having a valid fishing license, saltwater
sportfishing stamp (unless exempt), and valid red drum tag in immediate
possession, unless the person has purchased a valid digital license described
in §
53.3(a)(12) of
this title or a valid license with digital tags under §
53.4(a)(1) of
this title.
(3) No person may catch
and retain a spotted seatrout 28 inches or greater in length in the coastal
waters of this state without having a valid fishing license, saltwater
sportfishing stamp (unless exempt), and valid Spotted Seatrout tag in immediate
possession, unless the person has purchased a valid digital license described
in §
53.3(a)(12) of
this title or a valid license with digital tags under §
53.4(a)(1) of
this title.
(c) Issuance
of licenses and stamp endorsements electronically (on-line or by telephone).
(1) A person may acquire recreational hunting
and/or fishing licenses electronically from the department by agreeing to pay a
convenience fee of up to $5 per license in addition to the normal license
fee.
(2) A person may acquire
recreational hunting and/or fishing stamp endorsements electronically from the
department by agreeing to pay a convenience fee of up to $5 per stamp order in
addition to the normal stamp endorsement fee(s). This fee shall not be charged
if a license is acquired during the same transaction.
(d) The
following categories of persons are exempt from fishing license requirements
and fees:
(1) residents under 17 years of
age;
(2) non-residents under 17
years of age;
(3) non-residents 65
years of age or older who are residents of Louisiana and who possess a
Louisiana recreational fishing license;
(4) non-residents 65 years of age or older
who are residents of Oklahoma;
(5)
persons who hold valid Louisiana non-resident fishing licenses while fishing on
all waters inland from a line across Sabine Pass between Texas Point and
Louisiana Point that form a common boundary between Texas and Louisiana if the
State of Louisiana allows a reciprocal privilege to persons who hold valid
Texas annual or temporary non-resident fishing licenses; and
(6) residents of Louisiana who meet the
licensing requirements of their state while fishing on all waters inland from a
line across Sabine Pass between Texas Point and Louisiana Point that form a
common boundary between Texas and Louisiana if the State of Louisiana allows a
reciprocal privilege to Texas residents who hold valid Texas fishing
licenses.
(e) A
Louisiana resident who holds a valid Louisiana license equivalent to the Texas
freshwater fishing guide license may engage in business as a fishing guide on
all Texas waters north of the Interstate Highway 10 bridge across the Sabine
River that form a common boundary between Texas and Louisiana, provided the
State of Louisiana allows a reciprocal privilege to persons who hold a valid
Texas resident freshwater fishing guide license. Except as may be specifically
provided elsewhere in this chapter or Parks and Wildlife Code, no person may
take or attempt to take fish in Texas public waters without first having
obtained a Texas license valid for that purpose.
(f) An administrative fee of $3 shall be
charged for replacement of lost or destroyed licenses, stamp endorsements, or
permits. This fee shall not be charged for items which have a fee for
duplicates otherwise prescribed by rule or statute.
(g) A license or permit issued under the
Parks and Wildlife Code or this title that has been denied or revoked by the
department may not be re-issued or reinstated unless the person applying for
re-issuance or reinstatement applies to the department for re-issuance or
reinstatement and pays to the department an application review fee of $100, in
addition to any other fees or penalties required by law.
(h) A person who has purchased a valid
hunting, fishing, or combination hunting and fishing license but is not in
physical possession of that license in any circumstance for which the license
is required may use a wireless communications device (laptop, cellphone, smart
phone, electronic tablet, phablet, or similar device) to satisfy applicable
license possession requirements.
(1) Upon
request for proof of licensure by a department employee in the performance of
official duties, a person may display one of the following images via a
wireless communications device:
(A) an image
of information from the Internet website of the department or mobile
application verifying issuance of the license valid for the activity or
circumstance for which proof of licensure has been requested; or
(B) a display image of a digital photograph
of the applicable license issued to the person.
(2) The requirements of paragraph (1)(B) of
this subsection are satisfied by separate digital images of the entirety of the
front and back of the license. The images must be of a resolution, contrast,
and image size sufficient to allow definitive verification of the information
on the license.
(3) This subsection
applies only to proof of licensure and does not relieve any person from any
legal requirement or obligation to be in physical possession of a stamp, stamp
endorsement, tag, or permit.
Notes
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