TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

CHAPTER 53. FINANCE

SUBCHAPTER A. FEES

CHAPTER 65. WILDLIFE

SUBCHAPTER H. PUBLIC HUNTING PROCLAMATION

The Texas Parks and Wildlife Commission in a duly noticed meeting on January 22, 2026, adopted amendments to 31 TAC §65.191, concerning Definitions, and §65.194, concerning Competitive Hunting Dog Events and Fees, without change to the proposed text as published in the December 19, 2025, issue of the Texas Register (50 TexReg 8180). The rules will not be republished.

The amendments remove all references to "field trial" and "field trial permits" and instead refer to those activities as "competitive hunting dog events," which is necessary to prevent confusion, as well as waive insurance and bond requirements for certain types of competitive hunting dog events conducted under the provisions of Parks and Wildlife Code, Chapter 43, Subchapter J.

Under Parks and Wildlife Code, §62.016, the department is authorized to issue a permit for "competitive hunting dog events" in an area designated by the commission as a public hunting area and places no restrictions on the species that such permits may be used to pursue. Department rules (§65.194) therefore provide for the issuance and use of such permits, and employ the term "field trial" as a useful shorthand. Under Parks and Wildlife Code, Chapter 43, Subchapter F, the department may issue a Private Bird Hunting Area Permit on private lands, and persons who hold such a permit may apply for a "field trial" permit as provided by Parks and Wildlife Code, §43.0763, which is limited to the pursuit of banded, pen-raised game birds.

The Texas Legislature during the most recent regular session enacted Senate Bill 2801, which added new Chapter 43, Subchapter J, to create another type of field trial permit limited to the pursuit of squirrels, furbearing animals, and nongame wildlife on privately owned land or public lands authorized by the department by rule. The department has determined that having three kinds of permits with the same or similar name that are valid for at least four different regulatory scenarios under multiple fee standards could create confusion; therefore, in rule adoptions published elsewhere in this issue of the Texas Register the department has created the "Field Trial Permit" explicitly required by S.B. 2801, while in this rulemaking eliminating references to "field trial permit," and instead referring to those activities as "competitive hunting dog events." The amendment also waives the insurance and bond requirements of the subchapter for events authorized under the provisions of S.B. 2801; requires all officials, participants, and spectators of events conducted under the provisions of S.B 2801 to obtain and possess during all activities either a Limited Public Use (LPU) permit or Annual Public Hunting (APH) permit; makes changes to modernize program administration by requiring applicants to provide an email address as part of the contact information; and rephrases paragraph (9)(B) for clarification.

The department received no comments supporting or opposing adoption of the rules as proposed.

The amendments are adopted under Parks and Wildlife Code, §81.403, which authorizes the commission to issue a permit authorizing access to public hunting land or for specific hunting, fishing, recreational, or other use and to impose a fee, and under Parks and Wildlife Code, §81.404, which authorizes the commission to adopt rules governing recreational activities in wildlife management areas.

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 May 18, 2026.

TRD-202602067

James Murphy

General Counsel

Texas Parks and Wildlife Department

Effective date: June 7, 2026

Proposal publication date: December 19, 2025

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

SUBCHAPTER W. SPECIAL PERMITS

The Texas Parks and Wildlife Commission in a duly noticed meeting on January 22, 2026, adopted new 31 TAC §65.908, concerning Field Trial Permit, without change to the proposed text as published in the December 19, 2025, issue of the Texas Register (50 TexReg 8182). The rule will not be republished.

The new rule implements provisions required or authorized under Senate Bill 2801, enacted during the Regular Session of the 89th Texas Legislature, which amended the Parks and Wildlife Code by adding new Chapter 43, Subchapter J, to create a field trial permit governing the pursuit of squirrels, furbearing animals, and nongame wildlife on privately owned land or public lands identified by commission rule. The fee for the permit is fixed by statute at $50.

New subsection (a) explicitly identifies the field trial permit authorized by S.B. 2801 and clearly distinguishes it from other, similar types of permits already issued by the department under existing statutory and regulatory authority. The department wishes to eliminate, to the extent possible, any confusion with respect to various dog-related permits administered by the department.

New subsection (b) prescribes the process and content for applications for a field trial permit. The provision specifies that permits are to be issued to named individuals only, which is necessary to facilitate enforcement activities by providing for the clear identification of a responsible party with respect to conduct regulated under the rule. The provision also allows for the department to prescribe permit conditions necessary to manage and protect wildlife resources subject to permitted activities. Because Texas is a large state with many types of ecological systems and property conditions, the circumstances of any given permit cannot be anticipated and articulated by rule; therefore, the provision would allow the department to prescribe permit conditions unique to a given permit if necessary.

New subsection (c) requires the permittee or a designee to be present at all times during the period of validity of the permit, to possess a list of all participants present during the period of the validity of the permit (including identification and contact information), a map or boundary description of the property where the activity is taking place, and written landowner consent for permitted activities (if the permittee is not the landowner of the property where permitted activities are taking place), all of which are necessary to assist the department in determining regulatory compliance. The new rule also requires all officials, participants, and spectators of events conducted on public hunting lands under the provisions of S.B. 2801 to obtain and possess during all activities either a Limited Public Use (LPU) permit or Annual Public Hunting (APH) permit, which provides an effective waiver of liability for the state in the absence of the liability insurance and bond requirements established by Chapter 65, Subchapter H for other types of hunting dog events.

New subsection (d) identifies the units of department-owned public lands where field trial permits under the provisions of the new section will be issued, which is required under the provisions of S.B. 2801; provided the activity does not occur during public hunting activities or interfere with research or management activities.

The department received nine comments opposing adoption of the rule as proposed. Of those comments, seven provided a reason or rationale for opposing adoption. Those comments, accompanied by the department's response to each, follow. The department notes that because most of the comments contained several components, the number of agency responses is greater than the total number of commenters.

Five commenters opposed adoption of the rule as proposed and stated that the department did not understand the intent of S.B. 2801. The department disagrees with the comments and responds that the rules were adopted in compliance with every directive and limitation imposed by the legislature in the bill as codified. No changes were made as a result of the comments.

One commenter opposed adoption of the rule as proposed and stated that the permit created by S.B. 2801 should be the only permit necessary for dog handlers to obtain, including for field trials conducted on public hunting lands. The department disagrees with the comment and responds that public lands, because they are owned in common by the public, are by their very nature shared, and in addition to the cost of maintaining and managing department-owned public hunting lands on behalf of the people of the state, the department is required by statute to ensure that opportunity for their enjoyment is distributed equitably, which is an administrative expense to the department that the department believes should be shared amongst user groups, irrespective of other permit and license requirements imposed by statute for various activities. Additionally, the LPU or APH permit functions as a waiver of liability that allows the department to except organizers of S.B. 2801 events from the liability insurance that would otherwise be required by rule for competitive hunting dog training events held on public hunting lands. Finally, the department issued 11,700 LPUs last year to persons participating in a wide variety of public hunting land utilization activities and does not believe the $12 fee is onerous or unreasonable, especially since the permit can be used for many things on many units of public hunting lands and is valid for one year. No changes were made as a result of the comment.

Two commenters opposed adoption and stated that the intent of S.B. 2801 was for out-of-state field trial participants to be able to obtain a single permit to cover all activities in Texas on public or private lands. The department disagrees with the comment and responds that S.B. 2801 created a field trial permit allowing the pursuit of squirrels, furbearing animals, and nongame wildlife on privately owned land or public lands identified by commission rule, but did not exempt non-residents of Texas from the applicability of any regulations on public hunting lands that also apply to residents of Texas who engage in activities involving wildlife owned by the people of the state on lands owned by the people of the state. The department further responds that the permit requirement for regulated activities on public hunting lands is necessary to provide an effective waiver of liability for the department in lieu of the liability insurance that would otherwise be required. No changes were made as a result of the comments.

One commenter opposed adoption and stated, "it was understood that there would be no costs for participants to visit private, public, and forest lands." The department disagrees with the comment and responds that the rules as adopted establish (as required under the provisions of S.B. 2801) a field trial permit for use on private property and selected public hunting lands administered by the department, for which a cost is explicitly established by S. B. 2801 ($50). The department further responds that the rules as adopted affect only the selected public hunting lands under the control of the department and that the department does not regulate other public lands owned, administered, or controlled by other units of local, state, or federal government. The department also notes that it is unlawful to enter or use private property without landowner consent. No changes were made as a result of the comment.

One commenter opposed adoption and stated, "[T]hese are sanctioned hunts with their own HUNT RULES and regulations. These field trials are not an individual's event." The department neither agrees nor disagrees with the comment and responds that although private landowners may provide access to and opportunity for hunting, the regulation of hunting in the state of Texas as a legal matter is an exclusive power of the state. No changes were made as a result of the comment.

One commenter opposed adoption and stated, "The point of S.B. 2801 was to allow for field trials for small game without having each out of state person have to purchase a license," and the department has "completely changed that in here and require a license on public hunting land." The commenter also stated that such activities in other states are mostly conducted on public lands. The department disagrees with the comment and responds that S.B. 2801 is silent on the matter of non-residents and does not exempt any person from the applicability of permit requirements for public use of public hunting lands, which is discussed in a previous response to comment. Finally, the department responds that it has no control over how similar events are permitted or conducted in other states. No changes were made as a result of the comment.

Four commenters opposed adoption and stated that the requirement for insurance /security bond would prevent small clubs from being able to purchase a permit. The department disagrees with the comments and responds that the rules as proposed and adopted specifically except persons who have purchased the field trial permit created by S.B. 2801 from the surety bond and insurance requirements of current rules in effect on public hunting lands. No changes were made as a result of the comments.

Two commenters opposed adoption and stated that the rules as proposed will result in lost revenue to the state because non-residents will be prevented from participation and will therefore not patronize lodging and food establishments in Texas. The department disagrees with the comments and responds, first, that the rules as adopted do not prevent anyone from coming to Texas to engage in the regulated activity, and second, that revenue implications to the state from non-resident participants in field trials, although not non-existent, are believed to be minor. No changes were made as a result of the comments.

One commenter opposed adoption of the rules as proposed and stated that "TPWD was in the room when we spoke to the Senate committee about this the first time and no comment was made to object to this bill at that time." The department disagrees with the comment and responds that it does not object to or otherwise militate for or against the passage or defeat of any legislation. No changes were made as a result of the comment.

The department received two comments supporting adoption of the rule as proposed.

The rule is adopted under the provisions of Senate Bill 2801 (R.S. 2025), which amended Parks and Wildlife Code, Chapter 43, by adding new Subchapter J, to authorize the commission to prescribe by rule the manner of application for and issuance of the field trial permit authorized by the subchapter, rules necessary to administer the subchapter, and rules to specify public lands where field trial permits under the subchapter may be issued.

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 May 18, 2026.

TRD-202602068

James Murphy

General Counsel

Texas Parks and Wildlife Department

Effective date: June 7, 2026

Proposal publication date: December 19, 2025

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