TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

CHAPTER 65. WILDLIFE

SUBCHAPTER A. STATEWIDE HUNTING PROCLAMATION

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §§65.3, 65.42, 65.64, and 65.66, concerning the Statewide Hunting Proclamation.

The proposed amendment to §65.3, concerning Definitions, would modify the definition of "muzzleloader" with respect to references on how the firearm is loaded. The proposed change would clarify that the term "muzzleloader" applies to any firearm designed such that the bullet or projectile can be loaded only through the muzzle. Modern muzzleloading technology features various design changes that have caused confusion regarding use of this new technology and its legality under the current definition of muzzleloader. The proposed amendment is intended to eliminate ambiguity and expand hunting opportunities during muzzleloader season.

The proposed amendment to §65.42, concerning Deer, would increase the number of "doe days" in 21 counties located in the Post Oak Savannah ecoregion. The department manages deer populations by the deer management unit (DMU) concept, which organizes the state into specific areas that share similar soil types, vegetative communities, land-use practices, and deer population characteristics. In this way, deer seasons, bag limits, and special provisions can be more effectively analyzed to monitor the efficacy of management strategies on deer populations within each DMU. In some DMUs characterized by fragmented habitat, high hunting pressure, and large numbers of small acreage properties, the department protects the reproductive potential of the population by restricting the time during which antlerless deer may be taken with a firearm, known colloquially as "doe days." The department has determined that a 16-plus doe-day structure that begins the second Saturday of November and closes the Sunday following Thanksgiving Day can be implemented in 21 counties that currently have four doe days. Department population and harvest data indicate that deer densities are increasing within the affected DMUs and that antlerless harvest is less than half of the total harvest, which is resulting in a skewed sex ratio that is undesirable. The proposed amendment is intended to provide additional hunting opportunities within the tenets of sound biological management, and address resource concerns such as increasing deer densities and habitat degradation.

The proposed amendments to §65.64, concerning Turkey, would prohibit the harvest of unbearded hens statewide. The department has observed significant declines in turkey populations over the past 10 years in Texas, as indicated by United States Geodetic Survey (USGS) Breeding Bird Survey results. Recent research suggests that hen abundance during the nesting season is the most impactful variable to long-term sustainability. The department believe the proposed change would reduce overall hen harvest in the state and, potentially, improve recruitment. The proposed amendment to §65.64 also would close turkey seasons in Matagorda and Wharton counties. Mandatory harvest reporting has been in place in these counties since 2022. In the past three years, no turkey harvest has been reported in Matagorda County, and only one--a banded bird released under a Trap, Transport, and Transplant (TTT) permit--has been reported in Wharton County. Additionally, turkey distribution, surveys indicate that Matagorda County has no or minimal turkey populations, and the data for Wharton County indicates turkeys in one area near a previous TTT release site. With the proposed closures, the department will explore opportunities to restock turkeys in these areas, focusing on private lands where landowners are interested and suitable habitat exists.

The proposed amendment to §65.66, concerning Chachalaca, would open the chachalaca hunting season on the first day in November and close it on the last day in February. The proposed amendment would make chachalaca season concurrent with quail season, which is intended to maintain consistency and simplify hunting regulations across the state. The department has determined that the proposed change would have no biological impact on chachalaca populations.

Shaun Oldenburger, Wildlife Division Small Game Program Director, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rules.

Mr. Oldenburger also has determined that for each of the first five years that the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the proposed rules will be the dispensation of the agency's statutory duty to protect and conserve the resources of this state, the duty to equitably distribute opportunity for the enjoyment of those resources among the citizens, and the execution of the commission's policy to maximize recreational opportunity within the precepts of sound biological management practices.

There will be no adverse economic effect on persons required to comply with the rules as proposed.

Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. The department considers "direct economic impact "to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

The department has determined that the proposed rules regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest wildlife resources in this state and therefore do not directly affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The ruled as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; limit an existing regulation (by closing turkey seasons in two counties and prohibiting the harvest of unbearded hens), expand an existing regulation (by adding doe days in 21 counties and restoring turkey season countywide in one county); neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments concerning the proposed rules affecting big game species may be submitted to Blaise Korzekwa at (512) 415-8459, e-mail: blaise.korzekwa@tpwd.texas.gov. Comments concerning the proposed rules affecting turkey or chachalaca may be submitted to Shaun Oldenburger at (512) 757-6067, email: shaun.oldenburger@tpwd.texas.gov. Comments also may be submitted via the department's website at https://tpwd.texas.gov/business/feedback/public_comment/.

SUBCHAPTER N. MIGRATORY GAME BIRD PROCLAMATION

The Texas Parks and Wildlife Department (the department) proposes amendments to 31 TAC §§65.314 - 65.320, concerning the Migratory Game Bird Proclamation.

The United States Fish and Wildlife Service (Service) issues annual frameworks for the hunting of migratory game birds in the United States. Regulations adopted by individual states may be more restrictive than the federal frameworks but may not be less restrictive. Responsibility for establishing seasons, bag limits, means, methods, and devices for harvesting migratory game birds within Service frameworks is delegated to the Texas Parks and Wildlife Commission (Commission) under Parks and Wildlife Code, Chapter 64, Subchapter C.

With exceptions as noted, the proposed amendments specify the season dates for hunting the various species of migratory game birds for 2026-2027 seasons, along with minor formatting changes to improve the efficiency and clarity of the regulations. The proposed rules (except as noted in the discussion of the proposed elimination of the Special White-winged Dove Area (SWWDA) season and expanded and adjusted season dates for the South Zone) retain the season structure and bag limits for all species of migratory game birds from last year while adjusting the season dates to allow for calendar shift (i.e., to ensure that seasons open on the desired day of the week), since dates from a previous year do not fall on the same days in following years.

The proposed amendment to §65.314, concerning Doves (Mourning, White-Winged, White-Tipped, White-Fronted Doves), would eliminate the special White-winged Dove Days and the SWWDA distinction from the South Zone and would open the regular season of the South Zone on September 1. Under the federal frameworks, Texas is allowed 90 total days of dove hunting opportunity in the South Zone. Historically under the frameworks, the earliest possible date for full-day dove hunting in the South Dove Zone was September 14; however, Texas was also authorized to have up to six half-days of hunting opportunity between September 1 and September 19. The department reexamined the available biological information on mourning doves, including population abundance, hatch dates, harvest rates, and current harvest strategies. Based on this reexamination, the department proposed to the Service to allow the regular dove hunting season to begin on September 1st and eliminate federal restrictions on opening season dates in the frameworks for this hunting season since no biological impact is expected to occur, based on the best available information. The Service has approved these changes to the federal frameworks. As a result, the proposed change would eliminate the special white-winged dove provisions and allow for an earlier season in the South Zone. The proposed amendment to §65.314 also would adjust the second segment of the dove season in the South Zone to allow for hunting opportunities around Thanksgiving weekend. The adjusted season dates as proposed would be November 25- December 29, 2026, as opposed to keeping the same season dates from previous years, December 18, 2026 - January 21, 2027 (as adjusted for calendar shift).

The proposed amendment to §65.316, concerning Geese, alters section (b)(2)(B) to combine the season dates and bag limits for Dark Geese in the Eastern Zone into one subsection to maintain consistency within the section.

The proposed amendment to §65.317, concerning Special Youth, Active-Duty Military, and Military Veteran Seasons, alters subsection (b) to separate the seasons for moorhens and gallinules from waterfowl seasons to preserve parallelism.

Shaun Oldenburger, Wildlife Division Small Game Program Director, has determined that for the first five years that the amendments as proposed are in effect, there will be no additional fiscal implications to state or local governments of enforcing or administering the rules as proposed.

Mr. Oldenburger also has determined that for each of the first five years the proposed rules are in effect, the public benefit anticipated as a result of enforcing the rules as proposed will be the department's discharge of its statutory obligation to manage and conserve the state's populations of migratory game birds for the use and enjoyment of the public, consistent with the principles of sound biological management.

Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" to determine if any further analysis is required. The department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

The department has determined that the proposed rules regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest migratory game bird resources in this state and therefore do not directly affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

There also will be no adverse economic effect on persons required to comply with the rules as proposed.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create or limit an existing regulation, but will expand an existing regulation (by consolidating dove harvest regulations in the South Zone); neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rules may be submitted to Shaun Oldenburger (Small Game Program Director) at (512) 389-4778, email: shaun.oldenburger@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The amendments are proposed under Parks and Wildlife Code, Chapter 64, which authorizes the Commission and the Executive Director to provide the open season and means, methods, and devices for the hunting and possessing of migratory game birds.

The proposed amendments affect Parks and Wildlife Code, Chapter 64.

§65.314. Doves (Mourning, White-Winged, White-Tipped, White-Fronted Doves).

(a) Zones.

(1) - (2) (No change.)

(3) South Zone [and Special White-winged Dove Area]: That portion of the state south of a line beginning at the International Toll Bridge in Del Rio; thence northeast along U.S. Highway 277 Spur to U.S. Highway 90 in Del Rio; thence east along U.S. Highway 90 to State Loop 1604; thence following Loop 1604 south and east to Interstate Highway 10; thence east along Interstate Highway 10 to the Texas-Louisiana State Line.

(b) Seasons[; Daily Bag Limits].

(1) North Zone: September 1 - November 8, 2026 and December 18, 2026 - January 7, 2027.

(2) Central Zone: September 1 - October 25, 2026 and December 11, 2026 - January 14, 2027.

(3) South Zone: September 1 - October 25, 2026 and November 25- December 29, 2026 [and Special White-winged Dove Area].

§65.315. Ducks, Coots, Mergansers, and Teal.

(a) (No change.)

(b) Season dates and bag limits.

(1) HPMMU.

(A) For all species other than "dusky ducks": October 24-25 and October 30, 2026 - January 31, 2027 [18-19 and October 24, 2025 - January 25, 2026]; and

(B) "dusky ducks": October 31, 2026 - January 31, 2027 [27, 2025 - January 25, 2026].

(2) North Zone.

(A) For all species other than "dusky ducks": November 14-29, 2026 and December 5, 2026- January 31, 2027 [8-30, 2025 and December 6, 2025 - January 25, 2026]; and

(B) "dusky ducks": November 19-29, 2026 and December 5, 2026 - January 31, 2027 [13-30, 2025 and December 6- January 25, 2026].

(3) South Zone.

(A) For all species other than "dusky ducks": November 7-29, 2026 and December 12, 2026- January 31, 2027 [1-30, 2025 and December 13, 2025 - January 25, 2026]; and

(B) "dusky ducks": November 12-29, 2026 and December 12, 2026- January 31, 2027 [6-30, 2025 and December 13, 2025 - January 25, 2026].

(4) September teal-only season.

(A) (No change.)

(B) Dates: September 19-27, 2026 [20-28, 2025].

(c) (No change.)

§65.316. Geese.

(a) (No change.)

(b) Season dates and bag limits.

(1) Western Zone.

(A) Light geese: November 7, 2026 - February 7, 2027 [1, 2025 - February 1, 2026]. The daily bag limit for light geese is five.

(B) Dark geese: November 7, 2026 - February 7, 2027 [1, 2025 - February 1, 2026]. The daily bag limit for dark geese is five.

(2) Eastern Zone.

(A) Light geese: November 7, 2026 - February 19, 2027 [1, 2025 - February 15, 2026]. The daily bag limit for light geese is five.

(B) Dark geese: November 7, 2026 - January 31, 2027. The daily bag limit for dark geese is five, to include no more than two white-fronted geese.

(c) September Canada goose season. Canada geese may be hunted in the Eastern Zone during the season established by this subsection. The season is closed for all other species of geese during the season established by this subsection.

(1) Season dates: September 12-27, 2026 [13-28, 2025].

(2) (No change.)

§65.317. Special Youth, Active-Duty Military, and Military Veteran Seasons

(a) Special Youth Waterfowl Season. There shall be a Special Youth Season for waterfowl, during which the hunting, taking, and possession of geese, ducks, mergansers, and coots is restricted to licensed hunters 16 years of age and younger accompanied by a person 18 years of age or older, except for persons hunting by means of falconry under the provisions of §65.320 of this title (relating to Extended Falconry Seasons).

(1) HPMMU:

(A) season dates: October 17-18, 2026 [11-12, 2025];

(B) (No change.)

(2) North Duck Zone:

(A) season dates: November 7-8, 2026 [1-2, 2025];

(B) (No change.)

(3) South Duck Zone:

(A) season dates: October 31 - November 1, 2026 [25-26, 2025];

(B) (No change.)

(b) Special Active-Duty Military and Military Veteran Migratory Game Bird Season.

(1) - (2) (No change.)

(3) Season Dates and Bag Limits.

(A) HPMMU:

(i) season dates: October 17-18, 2026 [11-12, 2025];

(ii) (No change.)

(B) North Duck Zone:

(i) season dates: November 7-8, 2026 [1-2, 2025];

(ii) daily bag limits:

(I) (No change.)

(II) geese:

(-a-) - (-b-) (No change.)

(III) [(-c-)] moorhens and gallinules - as specified by §65.319(a)(2) of this title.

(C) South Duck Zone:

(i) season dates: October 31 - November 1, 2026 [25-26, 2025];

(ii) daily bag limits:

(I) (No change.)

(II) geese:

(-a-) - (-b-) (No change.)

(III) [(-c-)] moorhens and gallinules - as specified by §65.319(a)(2) of this title.

(4) (No change.)

§65.318. Sandhill Crane.

(a) (No change.)

(b) Season dates and bag limits.

(1) Zone A: October 31, 2026 - January 31, 2027 [25, 2025 - January 25, 2026]. The daily bag limit is three.

(2) Zone B: November 27, 2026 - January 31, 2027 [21, 2025 - January 25, 2026]. The daily bag limit is three.

(3) Zone C: December 12, 2026 - January 17, 2027 [13, 2025 - January 18, 2026]. The daily bag limit is two.

(c) (No change.)

§65.319. Gallinules, Rails, Snipe, Woodcock.

(a) Gallinules (moorhen or common gallinule and purple gallinule) may be taken in any county of this state during the season established in this subsection.

(1) Season dates: September 19-27 and November 7, 2026 - January 6, 2027 [20-28 and November 1 - December 31, 2025].

(2) (No change.)

(b) Rails may be taken in any county of this state during the season established by this subsection.

(1) Season dates: September 19-27 and November 7, 2026 - January 6, 2027 [20-28 and November 1 - December 31, 2025].

(2) (No change.)

(c) Snipe may be taken in any county of this state during the season established by this subsection.

(1) Season dates: November 7, 2026 - February 21, 2027 [1, 2025 - February 15, 2026].

(2) (No change.)

(d) Woodcock may be taken in any county of this state during the season established by this subsection.

(1) Season dates: December 18, 2026 [2025] - January 31, 2027 [2026].

(2) (No change.)

§65.320. Extended Falconry Seasons.

It is lawful to take the species of migratory birds listed in this section by means of falconry during the seasons established by this section.

(1) Mourning doves, white-winged doves and white-tipped doves: November 13-29, 2026 [14- November 30, 2025].

(2) Duck, gallinule, moorhen, rail, and woodcock: February 1-21, 2027 [January 26 - February 15, 2026].

(3) - (4) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 9, 2026.

TRD-202600562

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 22, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER W. SPECIAL PERMITS

The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §65.907, concerning Special Take Authorization - Wildlife.

The proposed changes are intended to broaden the scope of the authorization for take beyond deer and CWD and to encompass other wildlife health/disease related reasons for take such as New World screwworm (which prompted the need for the proposal). Proposed changes would allow necessary flexibility to address different disease related issues where take by a landowner is necessary. Provisions and conditions of take, including number, type of animals, method of take, time of take, duration of authorization, reporting, sample collection, carcass disposition, and disease testing requirements, etc. would be addressed in the authorization itself.

Kory Gann, Big Game Program Director, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule.

Mr. Gann also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be mitigating the spread of disease impacting native wildlife species such as Chronic Wasting Disease (CWD), New World Screwworm (NWS), or Highly Pathogenic Avian Influenza (HPAI).

There will be no adverse economic effects on persons required to comply with the rule.

Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. The department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

The department has determined that the proposed rule would result in no direct economic effect on any small businesses, micro-businesses, or rural community; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.

The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of an existing fee; not create or repeal an existing regulation, but will expand an existing regulation (by increasing the applicability of the current rule to include all species of wildlife resources); not increase or decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rule may be submitted to Kory Gann, Big Game Program Director, email: kory.gann@tpwd.texas.gov. Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

The rule is proposed under Parks and Wildlife Code, §12.013, which authorizes the commission to adopt rules governing the take of wildlife under the supervision of a department employee in a program or event designated by the director as being conducted for the diagnosis, management, or prevention of a disease in wildlife.

The proposed amendment affects Parks and Wildlife Code, Chapter 12.

§65.907. Special Take Authorization - Wildlife [White-tailed and Mule Deer].

(a) The department may issue a special take authorization for the take of wildlife [white-tailed or mule deer (hereinafter, "deer")] for purposes of assisting the department in conducting wildlife disease diagnosis, management, or prevention (hereinafter, "special take authorization"), as provided in this subsection. A person may request a special take authorization by completing and submitting a request [an application] on a form supplied or approved by the department for that purpose.

(1) (No change.)

(2) The department may, at its discretion, conduct an inspection [a site inspection as a condition of issuance of a special take authorization].

(3) (No change.)

(b) (No change.)

(c) A special take authorization shall specify the number and species of wildlife [type of deer] to be taken. No wildlife [deer] other than the number and species authorized [specified deer or number of deer authorized for take] shall be taken.

(d) The conditions and requirements for the take of wildlife shall be listed in the [take of deer under a] special take authorization. [shall be:]

(e) A special take authorization is valid for the duration [14 days from the date] specified in the special take authorization issued to the applicant. [The department may extend the period of validity based on extenuating or unavoidable circumstances (including inability to locate specific deer); however, a request for extension must be submitted to the department via email and approved by the department prior to the take of deer.] A copy of the special take authorization or a reproduction of the special take authorization on an electronic device (such as a cell phone or tablet) shall be produced upon request of a department employee in the discharge of their official duties. A copy of the email from the department granting an extension of a special take authorization or a reproduction of that email on an electronic device (such as a cell phone or tablet) shall be produced upon request of a department employee in the discharge of their official duties.

(f) Any tissues or parts of wildlife specified in the authorization must be submitted to the department or an approved lab as directed in the special take authorization. [For each deer taken under a special take authorization, the following must be submitted to the Texas A&M Veterinary Medical Diagnostic Laboratory:]

(g) The department will not issue a special take authorization for the take of wildlife [deer] on any tract of land unless:

(1) - (2) (No change.)

(h) Wildlife [A deer] taken during the period of validity of a special take authorization shall be reported to the department within 24 hours of removal via email or other department approved notification method to the department's wildlife division representative coordinating the authorization.

(i) Following submission to the department of any tissues or parts necessary as directed in a special take authorization, a person to whom the special take authorization or an agent thereof shall dispose of all remaining portions or parts of wildlife as directed by the department in the special take authorization. [a deer taken under a special take authorization, either by:]

(j) The department will not issue a special take authorization unless the applicant agrees in writing not to record by means of video, photograph, or other electronic media the act of taking or attempting to take wildlife [deer] under a special take authorization, or allow such recordings, or to make such recordings available to the public.

(k) (No change.)

(l) It is an offense for any person to:

(1) take or attempt to take wildlife [a deer] under a special take authorization without possessing a hunting license valid for the take of the species [deer] in Texas;

(2) sell, barter, offer to sell or barter, or otherwise give or receive anything of value in exchange for taking or allowing the take of wildlife [deer] or any parts of the animal, [including antlers,] under a special take authorization.

(m) The validity of a special take authorization is completely conditioned on the conduct of the person to whom the special take authorization is issued and agents of that person. Failure to abide by or comply with any provision of a special take authorization, as determined by the department, automatically invalidates the authorization and subjects the violator to prosecution for applicable violations of Parks and Wildlife Code, Chapters 42, 43, 61, 62, or 63 and any department regulations related to the take of wildlife listed on the authorization for take [deer].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 9, 2026.

TRD-202600563

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: March 22, 2026

For further information, please call: (512) 389-4775