Tex. Parks & Wild. Code Section 12.604
Considerations for Issuance or Renewal of Permit; Applicant with Prior Penalties or Convictions

(a)

This section applies only to a determination of whether to issue a permit to or renew a permit for an applicant who has a final conviction or has been assessed an administrative penalty for a violation of:

(1)

Subchapter C, E, L, R, or R-1, Chapter 43 (Special Licenses and Permits);

(2)

a provision of this code not described by Subdivision (1) that is punishable as a Class A or B Parks and Wildlife Code misdemeanor, a Parks and Wildlife Code state jail felony, or a Parks and Wildlife Code felony;

(3)

Section 63.002 (Possession of Live Game Animals); or

(4)

the Lacey Act (16 U.S.C. Sections 3371-3378).

(b)

In determining whether to issue a permit to or renew a permit for an applicant who has a final conviction or has been assessed an administrative penalty, the department shall consider:

(1)

the number of final convictions or administrative penalties;

(2)

the seriousness of the conduct on which the final conviction or administrative penalty is based;

(3)

the existence, number, and seriousness of offenses or violations other than offenses or violations that resulted in a final conviction or administrative penalty described by Subsection (a);

(4)

the length of time between the most recent final conviction or administrative penalty and the permit application;

(5)

whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct;

(6)

whether the final conviction or administrative penalty resulted from conduct committed or omitted by the applicant, an agent of the applicant, or both;

(7)

the accuracy of the permit history information provided by the applicant;

(8)

for a renewal, whether the applicant agreed to any special provisions recommended by the department as conditions to the expiring permit; and

(9)

other mitigating factors.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 3, eff. September 1, 2013.

Source: Section 12.604 — Considerations for Issuance or Renewal of Permit; Applicant with Prior Penalties or Convictions, https://statutes.­capitol.­texas.­gov/Docs/PW/htm/PW.­12.­htm#12.­604 (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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 12.604’s source at texas​.gov