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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 53FINANCE
SUBCHAPTER AFEES
DIVISION 1LICENSE, PERMIT, AND BOAT AND MOTOR FEES
RULE §53.2License 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.

(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.

  (3) The fees established by this subsection apply to the electronic acquisition of a digital license identified in §53.3(a)(12) of this title or §53.4(a)(1) of this title.

(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) 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.

(f) 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.

(g) 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.


Source Note: The provisions of this §53.2 adopted to be effective July 7, 2004, 29 TexReg 6309; amended to be effective October 13, 2004, 29 TexReg 9540; amended to be effective May 14, 2007, 32 TexReg 2659; amended to be effective October 9, 2007, 32 TexReg 7074; amended to be effective August 15, 2009, 34 TexReg 5381; amended to be effective September 1, 2012, 37 TexReg 3596; amended to be effective May 9, 2013, 38 TexReg 2765; amended to be effective July 2, 2017, 42 TexReg 3386; amended to be effective September 19, 2019, 44 TexReg 5400; amended to be effective January 18, 2022, 47 TexReg 88

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