Tex. Parks & Wild. Code Section 76.005
Affidavit of Riparian Rights

(a)

The department may require the owner of riparian rights described in Section 76.004 (Riparian Rights) of this code when offering oysters for sale to make an affidavit stating that the oysters were produced on his property.

(b)

The failure of an owner of riparian rights described in Section 76.004 (Riparian Rights)(a) to have an affidavit when required by the department or to show it to a game warden on request or to the person to whom the oysters are offered for sale when required by the department is prima facie evidence that the oysters were produced from public beds.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 78 (H.B. 1346), Sec. 4, eff. May 19, 2011.

Source: Section 76.005 — Affidavit of Riparian Rights, https://statutes.­capitol.­texas.­gov/Docs/PW/htm/PW.­76.­htm#76.­005 (accessed May 26, 2025).

76.001
Definitions 76.002
Designation of Public and Private Beds 76.003
Beds Subject to Location 76.004
Riparian Rights 76.005
Affidavit of Riparian Rights 76.006
Application for Location 76.007
Maximum Acreage Under Location 76.008
Lease or Control by Foreign Corporation Prohibited 76.009
Examination and Survey of Location 76.012
Locator’s Certificate 76.015
Rights of Locator 76.017
Location Rental Fees 76.018
Location Rental Term 76.019
Procedures for Sale or Transfer of Location Rental 76.020
Oyster Shell Recovery and Replacement Program 76.021
Oyster Shell Recovery and Replacement Program Account 76.022
Certificates of Location for Restoration Purposes 76.031
Application for Permit 76.032
Discretion to Issue Permit 76.033
Conditions of Permit 76.035
Oysters Property of Permittee 76.036
Marking Beds 76.037
Theft of Oysters from Private Bed 76.038
Interference with Buoys or Markers 76.039
Prohibited Sales 76.040
Penalties 76.101
Oyster Licenses Required 76.102
License Application 76.103
Types of Licenses 76.104
License Fees 76.107
Sale of Sport Oysters Prohibited 76.109
Night Dredging Prohibited 76.112
Oyster Size Limits 76.114
Exception to Size and Retention Limits 76.115
Closing Areas 76.116
Oysters from Restricted Areas 76.117
Obedience to Orders 76.118
Penalties 76.119
Responsibility for Violation 76.0205
Sustainability of Oyster Industry 76.301
Regulation of Taking, Possession, Purchase, and Sale of Oysters 76.302
Research Program 76.303
Sale of Raw Oysters for Consumption Within This State 76.304
Vessel Monitoring System 76.401
Oyster License Moratorium Program 76.402
Issuance and Renewal of Commercial Oyster Boat Licenses 76.403
Oyster License Moratorium Review Board 76.404
Program Administration 76.405
License Buyback Program 76.406
Prevailing Authority 76.1031
License Expirations and Transfers 76.1041
License Display and Design 76.1181
Suspension of License
Green check means up to date. Up to date

Verified:
May 26, 2025

§ 76.005. Affidavit of Riparian Rights's source at texas​.gov