TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 51. EXECUTIVE
SUBCHAPTER
G.
The Texas Parks and Wildlife Commission in a duly noticed meeting on January 22, 2026, adopted an amendment to 31 TAC §51.164, concerning Best Practices (Officers and Directors), without changes to the proposed text as published in the December 19, 2025, issue of the Texas Register (50 TexReg 8157). The rule will not be republished.
The amendment stipulates that the provisions of subsection (b)(3), which prohibit an employee of the department from serving as a member of a non-profit partner (NP), do not apply to the Texas Parks and Wildlife Mutual Association. The Texas Parks and Wildlife Mutual Association (Association) was founded in 1956 with the mission of providing financial assistance to the families/beneficiaries of deceased members (department employees and their spouses). Members receive no compensation from the Association and serve on a voluntary basis.
The Texas Parks and Wildlife Code authorizes the department to work with nonprofit organizations to carry out the mission of the department. The department has determined that the Association assists the department by providing bereavement benefits to employees who are members, including peace officers commissioned by the department, who are not infrequently in life-threatening situations in the line of duty. Similarly, Government Code, Chapter 2255, requires a state agency to adopt rules regarding the relationship between donors and the agency, including the agency's employees, if the agency is authorized to accept donations or if "a private organization exists that is designed to further the purposes and duties of the agency." Although the Association's relationship with the department is not pecuniary, it does exist to assist and support employees of the agency in times of need.
The amendment is necessary to allow the department to recognize the Association as a NP and explicitly acknowledge that a department employee may serve as an officer of the Association without affecting the Association's status as a NP.
The department received no comments opposing or supporting adoption of the rule as proposed.
The rule is adopted under Parks and Wildlife Code, Chapter 11, Subchapter J, which requires the commission to adopt rules governing best practices for nonprofit partners of the agency.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 9, 2026.
TRD-202601512
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: April 29, 2026
Proposal publication date: December 19, 2025
For further information, please call: (512) 389-4775
CHAPTER 57. FISHERIES
SUBCHAPTER
C.
The Texas Parks and Wildlife Commission in a duly noticed meeting on January 22, 2026, adopted amendments to 31 TAC §57.251 and §57.252, concerning Introduction of Fish, Shellfish, and Aquatic Plants, without changes to the proposed text as published in the December 19, 2025, issue of the Texas Register (50 TexReg 8171). The rules will not be republished. The rules will function in concert to explicitly acknowledge that macroalgae, as well as plants that reproduce only by spores or fragmentation and emergent aquatic plants, are included in the applicability of department rules governing the introduction of aquatic plants in public waters.
Under Parks and Wildlife Code, §12.015, the department is required to regulate the introduction and stocking of fish, shellfish, and aquatic plants into the public water of the state. Under Parks and Wildlife Code, §66.015, the department is required to adopt rules governing the issuance of permits for the introduction of fish, shellfish, and aquatic plants into public waters and stipulates that no person may place any species of fish, shellfish, or aquatic plant into the public water of the state without a permit issued by the department. Under Agriculture Code, §134.005, the department is required to adopt rules to carry out its duties under that chapter with respect to the regulation of aquaculture.
The department has recently been approached by external parties interested in conducting introductions of marine macroalgae in public water for private research purposes related to potential for aquaculture. In evaluating these inquiries, the department has identified what could be interpreted as a lacuna in the applicability of rules under which the department may authorize the introduction of aquatic plants, specifically, the sufficiency of the current regulatory definition of "aquatic plant" with respect to classes of aquatic plants such as macroalgae (and, in addition, plants that reproduce by means other than seeds, and emergent aquatic plants). The current definition has been in effect since the late 1970s and the department has determined that it should be restated to reflect the current status of botanical understanding of aquatic plants and clearly include macroalgae. The department has determined that any macroalgae introductions have the potential to adversely impact habitats and create user conflict and because oversight of such activities is necessary and warranted to protect native organisms and ecosystems, the definition should be amended to introduce greater clarity. The department emphasizes that if a prospective introduction to public water of any species is determined by the department to be problematic, it will not be authorized.
On this basis, the amendment to §57.251, concerning Definitions, replaces the current definition with a new definition that more completely encompasses the variety of aquatic plants to which the rules apply.
The amendment to §57.252, concerning General Provisions, provides for department waiver of permit requirements for introductions coordinated with or conducted under the direction of the department for purposes of mitigation or restoration (or any other environmentally beneficial reason). In cases such as the aftermath of major storms, flood events, or environmental incidents, restoration efforts can be large and concentrated. The department seeks to facilitate the rapid recovery of ecosystems in such cases and reasons that waiver of permit requirements, in the presence of department coordination or direction, is sensible.
The department received two comments opposing adoption of the rules as proposed. One of the comments was not germane to the rulemaking. The other commenter did not provide a reason or rationale for opposing adoption.
The department received five comments supporting adoption of the rules as proposed.
The amendments are adopted under Parks and Wildlife Code, §12.015, which requires the department to regulate the introduction and stocking of fish, shellfish, and aquatic plants into the public water of the state; §66.015(c), which requires the department to establish rules related to the issuance of permits for the introduction of fish, shellfish, or aquatic plants into the public water of the state; and Agriculture Code, §134.005, which requires the commission to adopt rules necessary to carry out its responsibilities under that chapter to regulate aquaculture.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 9, 2026.
TRD-202601511
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: April 29, 2026
Proposal publication date: December 19, 2025
For further information, please call: (512) 389-4775
CHAPTER 65. WILDLIFE
SUBCHAPTER
F.
The Texas Parks and Wildlife Commission in a duly noticed meeting on January 22, 2026, adopted amendments to 31 TAC §65.151 and §65.152, concerning Permits for Aerial Management of Wildlife and Exotic Species. The amendment to §65.152 is adopted with changes to the proposed text as published in the December 19, 2025, issue of the Texas Register (50 TexReg 8179) and will be republished. The proposed amendment to §65.151 is adopted without change and will not be republished.
The change to §65.152, concerning General Rules, removes "aoudad sheep" from the provisions of subsection (d)(3) as proposed because the commission does not have the statutory authority to exempt persons taking aoudad sheep from the hunting license requirements of Parks and Wildlife Code, Chapter 42. The change also inserts the word "than" in subsection (d)(3) for grammatical sense.
The amendments comport existing rules governing the take of wildlife and exotic animals from aircraft to reflect the provisions of Senate Bill 1245, enacted by the most recent session of the Texas Legislature. Senate Bill 1245 amended Parks and Wildlife Code, Chapter 43, Subchapter G, to allow a qualified landowner or landowner's agent to contract to participate as a hunter or observer in using a helicopter to take depredating aoudad sheep from a helicopter under a permit issued by the department.
The amendments add "aoudad sheep" where necessary to make the provisions of the subchapter functional with respect to the management of aoudad sheep by means of aircraft. Such changes are made throughout the rules as necessary.
The department received nine comments opposing adoption of the rules as proposed. All nine commenters provided a reason or rationale for opposing adoption. Those comments, accompanied by the department's response to each, follow.
Six commenters opposed adoption of the rules as proposed and stated that hunting from aircraft should not be allowed. The commenters variously stated that the practice is dangerous, landowners should be compensated, federal law prohibits shooting animals from aircraft, and that aoudad are unique animals. The department agrees with the comments and responds that the rules do not allow sport hunting from aircraft but do allow the take of aoudad from aircraft for management purposes, to wit, the eradication of aoudad in Texas, which compete with and pose a disease threat to native species of wildlife and their habitats. No changes were made as a result of the comments.
One commenter opposed adoption and stated that aoudad hunting from aircraft should be part of the department's hunter encouragement programs. The department disagrees with the comment and responds that the take of aoudad from helicopters is not sport hunting and the department neither supports nor encourages the sustainable management of aoudad populations for hunting purposes. No changes were made as a result of the comment.
One commenter opposed adoption of the rules as proposed and stated that the take of aoudad from helicopters is inhumane, indiscriminate, violative of the "fair chase" doctrine, could destabilize local ecosystems, displace other wildlife, and threaten the hunting economy by eliminating license sales and hunting opportunity. The commenter also stated that a thorough economic impact analysis should be conducted. The department disagrees with the comment and responds first, that because the take of aoudad from helicopters is not sport hunting, the "fair chase" doctrine does not apply, and second, that because aoudad are not indigenous and pose a direct threat to native wildlife and native ecosystems, additional flexibility for landowners to eliminate aoudad is desirable. The department further responds that aerial take is neither inhumane nor indiscriminate and is an accepted tool to manage invasive, exotic species including aoudad. The department also notes that ideally, "hunting opportunity" with respect to free-ranging exotic species means "eradication" because exotic species compete with, displace, and threaten indigenous species; therefore, any effects at the local or landscape scales resulting from the removal of aoudad are desirable. Finally, the department disagrees that any economic impact analysis is necessary, because the rule allows take of aoudad only under permits that grant a legal privilege -- the aerial management of wildlife for purposes that explicitly exclude sport hunting for profit. No changes were made as a result of the comment.
One commenter opposed adoption of the rules as proposed and stated that it is imperative that private landowners receive compensation for aerial management activities on their properties and that persons participating in such activities be allowed to retain the horns of animals killed. The department disagrees with the comment and responds that landowners are free to manage their properties as they see fit, including by engaging third parties to conduct aerial management activities, but sport hunting from aircraft is expressly prohibited by state and federal law. No changes were made as a result of the comment.
The amendments are adopted under the provisions of Senate Bill (S.B.) 1245, enacted by the 89th Texas Legislature (R.S.), which allows a qualified landowner or landowner's agent to contract to participate as a hunter or observer in using a helicopter to take depredating aoudad sheep from a helicopter under a permit issued by the department, and Parks and Wildlife Code, Chapter 43, Subchapter G, which provides the commission with authority to make regulations governing the management of wildlife or exotic animals by the use of aircraft, including forms and procedures for permit applications; procedures for the management of wildlife or exotic animals by the use of aircraft; limitations on the time and the place for which a permit is valid; establishment of prohibited acts; rules to require, limit, or prohibit any activity as necessary to implement Parks and Wildlife Code, Chapter 43, Subchapter G.
§65.152.
(a) A person who holds an AMP is authorized to engage in the management of wildlife and exotic animals by the use of aircraft only on the tract(s) of land specified in the LOA. The AMP must be carried in an aircraft when the aircraft is engaged in activities authorized by the AMP, unless the aircraft is a UAV, in which case the AMP shall be in possession of the operator.
(b) A pilot of an aircraft used for the management of wildlife or exotic animals must maintain, on a daily basis, a flight log and report. The daily flight log must be current and available for inspection by game wardens at reasonable times. Each AMP holder and pilot shall comply with all FAA regulations for the specific type of aircraft listed on their AMP.
(c) It is lawful for a person who holds an AMP to contract with a qualified Landowner, Agent, or Subagent to act as a gunner the taking of depredating feral hogs, aoudad sheep, or coyotes from a helicopter, provided:
(1) the contract is in writing and signed by the Landowner or Agent;
(2) a department-approved Subagent authorization form has been properly
executed and is in the physical possession of the Subagent during all AMP activities in which the Subagent participates; and
(3) the AMP holder possesses a valid, properly executed LOA.
(d) A person (which includes a pilot, applicant, gunner, observer, or Subagent) commits an offense if:
(1) the person counts, photographs, relocates, captures, hunts, or takes or attempts to count, photograph, relocate, capture, hunt, or take from an aircraft any wildlife or exotic animals other than wildlife or exotic animals authorized by the AMP and LOA;
(2) the person intentionally harasses any wildlife or exotic animals by the use of an aircraft other than wildlife or exotic animals authorized in an AMP and LOA;
(3) the person participates in the take or attempted take of any wildlife or exotic animals other than depredating feral hogs or coyotes without having on his or her person a valid hunting license issued by the department;
(4) the person pilots an aircraft to manage wildlife or exotic animals without a valid pilot's license as required by the FAA;
(5) the person pays, barters, or exchanges anything of value to participate as a gunner, observer, or Subagent except as may be otherwise provided in this subchapter;
(6) the person acting as a gunner or pilot under an AMP takes or attempts to take any wildlife or exotic animals for any purpose other than is necessary to protect or to aid in the administration of lands, water, wildlife, livestock, domesticated animals, human life, or crops, except that any wildlife or exotic animals, once lawfully taken pursuant to this subchapter may be sold if their sale is not otherwise prohibited;
(7) the person acting as a gunner or pilot takes or attempts to take wildlife or exotic animals during the hours between 1/2-hour after sunset and 1/2-hour before sunrise;
(8) the person operates an aircraft for the management of wildlife or exotic animals and is not named as an authorized pilot by an AMP;
(9) the person takes, kills, captures, or attempts to take, kill, or capture more wildlife or exotic animals on properties than are specified in the LOA;
(10) the person uses an AMP for the purpose of sport hunting;
(11) the person is engaging in AMP activities and pilots an aircraft over land for which the person has not received written permission to overfly, except as is necessary to gain initial access to the land described in the LOA prior to commencing AMP activities and to leave following the conclusion of AMP activities; or
(12) the person otherwise violates a provision of this subchapter.
(e) It is lawful for a pilot operating under a valid AMP or AMP holder to use a UAV at any time solely for the purpose of locating feral hogs; however, no person may take or attempt to take feral hogs from a UAV.
(f) These rules do not exempt any person from the requirement for other licenses or permits required by statute or rule of the commission.
(g) The department may waive the fee requirements of this subchapter for an employee of a governmental entity acting in the scope and course of official duties.
(h) The department will not approve an LOA for the take of feral hogs or aoudad sheep on a tract of land where feral hogs or aoudad sheep have been released or liberated by or with the approval of the Landowner or Agent for the purpose of being hunted.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 9, 2026.
TRD-202601514
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: April 29, 2026
Proposal publication date: December 19, 2025
For further information, please call: (512) 389-4775