| (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) 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.
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| 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;amended to be effective July 11, 2023, 48 TexReg 3685 |
