(a) For the purposes of this section:
(1) 'actual possession of a dog' means the physical
control of a dog;
(2) 'constructive possession of a dog' means having
the power and intention to have and control a dog but without direct
control of the dog, the actual presence of physical restraint upon
the dog, or the actual presence of the dog at exactly the same place
as the person having the dog.
(b) It is unlawful to use a dog or dogs in hunting,
pursuing, or taking deer in all counties.
(c) It is lawful to use not more than two dogs in trailing
a wounded deer in all counties; however, in Jasper, Newton, Sabine,
and San Augustine counties, a person using a dog to trail a wounded
deer shall leash the dog and keep the dog on the leash and held by
a person at all times the dog is used to trail a wounded deer.
(d) In Angelina, Hardin, Jasper, Nacogdoches, Newton,
Orange, Sabine, San Augustine, Shelby, and Tyler counties, it is an
offense for any person, during an open deer season, to be on property
that the person does not own while:
(1) in possession of a shotgun and buckshot or a slug;
and
(2) in actual or constructive possession of a dog or
dogs.
(e) The penalties for a violation of this section are
prescribed by Parks and Wildlife Code, §62.013.
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Source Note: The provisions of this §65.19 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective June 3, 2002, 27 TexReg 4712; amended to be effective July 10, 2005, 30 TexReg 3997; amended to be effective October 18, 2005, 30 TexReg 6768; amended to be effective October 15, 2013, 38 TexReg 7114; amended to be effective September 1, 2021, 46 TexReg 4168 |