Texas Parks and Wildlife

PARKS AND WILDLIFE CODE


TITLE 5. WILDLIFE AND PLANT CONSERVATION


SUBTITLE B. HUNTING AND FISHING


CHAPTER 66.  FISH AND AQUATIC PLANTS


Sec. 66.0071.  REMOVAL OF HARMFUL AQUATIC PLANTS.  On leaving any public or private body of water in this state, a person shall immediately remove and lawfully dispose of any exotic aquatic plant on the list of prohibited plants adopted under Section 66.0072 that is clinging or attached to the person's:

(1)  vessel or watercraft; or

(2)  trailer, motor vehicle, or other mobile device used to transport or launch a vessel or watercraft.


Added by Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 27, eff. June 18, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 15, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 661 (S.B. 1480), Sec. 5, eff. June 17, 2011.


Sec. 66.0072.  EXOTIC HARMFUL OR POTENTIALLY HARMFUL AQUATIC PLANTS.  (a)  In this section:

(1)  "Exotic aquatic plant" means a nonindigenous aquatic plant that is not normally found in the public water of this state.

(2)  "Public water" has the meaning assigned by Section 66.015.

(b)  A person may not import, possess, sell, or place into the public water of this state an exotic harmful or potentially harmful aquatic plant except as authorized by commission rule or a permit issued by the department.

(c)  The commission by rule shall adopt a list of exotic aquatic plants that may not be imported into or possessed in this state without a permit.

(d)  The commission may enact an emergency rule as provided by Chapter 2001, Government Code, to add an exotic aquatic plant to the list of prohibited plants if the plant is determined to be harmful or potentially harmful.

Sec. 66.0073. RULES REQUIRING WATER TO BE DRAINED.  (a)  In this section:

(1)  "Public water" has the meaning assigned by Section 66.015.

(2)  "Salt water" has the meaning assigned by Section 66.001.

(3)  "Vessel" has the meaning assigned by Section 31.003.

(b)  The commission may adopt rules requiring a person leaving or approaching public water to drain from a vessel or portable container on board the vessel any water that has been collected from or has come in contact with public water.  This subsection does not apply to salt water.

(c)  When promulgating rules described by Subsection (b), the commission shall consider the effects on boaters, anglers, and local interests while maintaining the ability to prevent the spread of harmful or potentially harmful exotic fish, shellfish, and aquatic plants.

(d)  If the commission adopts rules described by Subsection (b), an authorized employee of the department may inspect a vessel leaving or approaching public water, including any portable containers on board the vessel, for the presence of water.  This subsection does not apply to a vessel that is on public water.

Sec. 66.012. PENALTIES. (a) Except as otherwise provided by this section, a person who violates a provision of this subchapter or a rule adopted by the commission under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

(e)  An offense under Section 66.007, 66.0072, 66.020(f), or 66.020(g) or a proclamation adopted by the commission under those sections is a Class B Parks and Wildlife Code misdemeanor if it is shown at the trial of a person for the offense that the person has been previously convicted one time of a violation of the same section.

(f)  An offense under Section 66.007, 66.0072, 66.020(f), or 66.020(g) or a proclamation adopted by the commission under those sections is a Class A Parks and Wildlife Code misdemeanor if it is shown at the trial of a person for the offense that the person has been previously convicted two or more times of a violation of the same section.

An individual adjudged guilty of a Class C Parks and Wildlife Code misdemeanor shall be punished by a fine of not less than $25 nor more than $500.

HERE IS!

THE WRITTEN LAW.

This TPWD code gives the

Game Warden the authority to issue a citation should you be in violation hereto.

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