Tex. Parks & Wild. Code Section 12.1104
Removal and Disposal of Abandoned Fishing Device


(a)

In this section, “abandoned fishing device” means an unattended fishing device located in the public water of this state that is placed in violation of a provision of this code or commission rule.

(b)

An abandoned fishing device is litter for purposes of Section 365.011 (Definitions), Health and Safety Code, and is subject to immediate removal and disposal. Except as provided by Subsection (e), an abandoned fishing device must be disposed of in compliance with the Health and Safety Code.

(c)

The commission may adopt rules to govern the removal and disposal of abandoned fishing devices as necessary to enhance:

(1)

enforcement of this section;

(2)

the cleanliness of the beds and bottoms of the public water of this state;

(3)

boating safety; and

(4)

the conservation and management of aquatic resources.

(d)

A game warden or other peace officer is immune from liability and from suit for the removal or disposal of an abandoned fishing device under this section.

(e)

On request of an authorized representative of a unit of The University of Texas System, The Texas A&M University System, or the Texas State University System engaged in teaching and research related to marine science and oceanography, the department may transfer an abandoned fishing device removed under this section to the unit for use in the unit’s teaching or research programs.
Added by Acts 2021, 87th Leg., R.S., Ch. 34 (S.B. 599), Sec. 1, eff. September 1, 2021.

Source: Section 12.1104 — Removal and Disposal of Abandoned Fishing Device, https://statutes.­capitol.­texas.­gov/Docs/PW/htm/PW.­12.­htm#12.­1104 (accessed Jun. 5, 2024).

12.001
General Duties
12.003
Records
12.004
List of Fees and Fines
12.005
Funds in Lieu of Taxes
12.006
Publications on Wildlife Values and Management
12.007
Voluntary Contribution to Fund for Veterans’ Assistance
12.008
Leasing of Grazing or Farming Rights: Sale of Products
12.010
Nuisance or Noxious Aquatic Vegetation Program
12.0011
Resource Protection
12.011
Teaching Equipment
12.012
Recreational Water Safety Video
12.013
Power to Take Wildlife
12.014
Notice of Wildlife Disease Outbreak
12.015
Regulation of Fish, Shellfish, and Aquatic Plants
12.017
Damaging Markers
12.018
Acceptance and Disposition of Gifts
12.019
Penalties
12.024
Water Permit Responsibilities
12.025
Technical Guidance to Landowners
12.026
Multiple Use of Land
12.027
Adoption of Emergency Rules
12.028
Powers and Duties Regarding Texas Water Trust
12.0075
Organ Donor Registry Information
12.101
Definitions
12.102
Inspection of Wildlife Resources
12.103
Entering Land
12.104
Right to Search and Inspect
12.105
Suits
12.106
Notice to Appear
12.107
Remission of Fines
12.108
Expenses
12.109
Confiscation and Disposition of Aquatic Products
12.110
Disposition of Confiscated Game
12.113
Coastal Survey Charts Admissible
12.114
Driver’s License or Personal Identification Certificate Required
12.115
Offense
12.116
Justice Court to Provide Affidavits Certifying Certain Convictions
12.117
Justice Court to Provide Affidavits Certifying Certain Convictions and Other Information
12.119
Violation of Commission Rule on Possession of License
12.201
Creation of Fund
12.202
Operation Game Thief Committee
12.203
Rewards
12.204
Rewards
12.205
Powers of the Department
12.206
Payment of Death Benefits
12.0251
Disclosure of Information Collected During Technical Guidance to Private Landowner
12.301
Liability for Value of Fish, Shellfish, Reptile, Amphibian, Bird, or Animal
12.302
Value of Fish, Shellfish, Reptile, Amphibian, Bird, or Animal
12.303
Civil Suit for Recovery of Value
12.304
More than One Defendant
12.305
Recovery of Value in Addition to Fine
12.306
Both Civil Suit and Criminal Prosecution Permissible
12.307
Disposition of Recovery
12.308
Certain Costs Recoverable
12.401
Application
12.402
Civil Penalty
12.403
Classification of Offenses
12.404
Class a Parks and Wildlife Code Misdemeanor
12.405
Class B Parks and Wildlife Code Misdemeanor
12.406
Class C Parks and Wildlife Code Misdemeanor
12.407
Parks and Wildlife Code Felony
12.408
Subsequent Convictions
12.409
Separate Offenses
12.410
Authorized Punishments for Corporations and Associations
12.411
Jurisdiction of Justice Court
12.501
Revocation or Suspension of License or Permit
12.502
Notice
12.503
Notice of Suspension or Revocation
12.504
Time of Suspension or Revocation
12.505
Violation of Suspension, Refusal, or Revocation
12.506
Appeal from Suspension, Refusal, or Revocation of License or Permit
12.507
Alternatives to Suspension
12.508
Refusal of License or Permit
12.601
Applicability of Subchapter
12.602
Definitions
12.603
General Circumstances for Refusal to Issue or Renew Permit
12.604
Considerations for Issuance or Renewal of Permit
12.605
Procedure for Refusal to Issue or Renew Permit
12.606
Review of Refusal to Issue or Renew Permit
12.607
Appeal of Department Decision Refusing to Issue or Renew Permit
12.701
Issuance of License, Stamp, Permit, or Tag by License Deputies
12.702
License Deputies
12.703
Point-of-sale System
12.704
Duties of License Deputies
12.705
License, Stamp, Permit, and Tag Sales Reports
12.706
Unissued Items
12.707
Issuance or Acceptance of License, Stamp, Permit, or Tag
12.708
Liability of License Deputy for Sales
12.1025
Risk-based Inspections of Nonrecreational Authorization Holders
12.1101
Seizure and Disposal of Certain Animals’ Pelts and Carcasses
12.1104
Removal and Disposal of Abandoned Fishing Device
12.1105
Seizure and Disposition of Unlawful Fishing Devices
12.1106
Seizure and Disposition of Contraband
12.4061
Parks and Wildlife Code State Jail Felony
12.5015
Automatic Revocation of Hunting or Fishing License or Permit

Accessed:
Jun. 5, 2024

§ 12.1104’s source at texas​.gov