31 Tex. Admin. Code § 65.42

Current through Reg. 49, No. 49; December 6, 2024
Section 65.42 - Deer
(a) General.
(1) No person may exceed the applicable county bag limit or the annual bag limit of five white-tailed deer (no more than three bucks) and two mule deer (no more than one buck), except as provided by:
(A) § 65.29 of this title (relating to Managed Lands Deer Programs (MLDP));
(B) use of an antlerless mule deer permit issued under § 65.32 of this title (relating to Antlerless Mule Deer Permit);
(C) use of a special permit under the provisions of Subchapter H of this chapter (relating to Public Hunting Proclamation); or
(D) use of special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department's public hunting program.
(2) During an archery-only open season, deer may be taken only by the means described in § 65.11(2) and (3) of this title (relating to Lawful Means).
(3) The issuance and use of MLDP tags is prescribed by § 65.29 of this title.
(4) Except as provided in Subchapter H of this chapter and subsections (b)(2)(E) and (b)(4) and (5) of this section, the take of antlerless deer is prohibited on USFS lands.
(5) In the counties or portions of counties listed in subsection (b)(2)(G) of this section, antlerless deer harvested on properties not subject to the provisions of § 65.29 of this title (relating to Managed Lands Deer (MLD) Programs) must be reported via the department's internet or mobile application within 24 hours of the time of kill, including antlerless deer harvested during the special seasons established by subsection (b)(4) and (5) of this section. This paragraph does not apply to antlerless deer harvested under a digital license issued by the department pursuant to § 53.3(a)(12) of this title (relating to Super Combination Hunting and Fishing Packages), a valid license with digital tags issued under § 53.4 of this title (relating to Lifetime Licenses), or a valid digital license issued under § 53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags), which must be reported as required under § 65.10 of this title (relating to Possession of Wildlife Resources).
(b) White-tailed deer. The open seasons and bag limits for white-tailed deer shall be as follows.
(1) South Zone. The general open season for the counties listed in this subparagraph is from the first Saturday in November through the third Sunday in January.
(A) In Aransas, Bee, Brooks, Calhoun, Cameron, Dimmit, Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kinney (south of U.S. Highway 90), Kleberg, LaSalle, Live Oak, Maverick, McMullen, Medina (south of U.S. Highway 90), Nueces, Refugio, San Patricio, Starr, Uvalde (south of U.S. Highway 90), Val Verde (south of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), Webb, Willacy, Zapata, and Zavala counties, there is a general open season. The bag limit is five deer, no more than three bucks.
(B) In Atascosa County there is a general open season.
(i) The bag limit is five deer, no more than two bucks; and
(ii) the antler restrictions described in paragraph (3) of this subsection apply.
(2) North Zone. The general open season for the counties listed in this paragraph is from the first Saturday in November through the first Sunday in January.
(A) In Bandera, Baylor, Bexar, Blanco, Burnet, Callahan, Coke, Coleman, Comal (west of Interstate 35), Concho, Crockett, Edwards, Gillespie, Glasscock, Haskell, Hays (west of Interstate 35), Howard, Irion, Jones, Kendall, Kerr, Kimble, Kinney (north of U.S. Highway 90), Knox, Llano, Mason, McCulloch, Medina (north of U.S. Highway 90), Menard, Mitchell, Nolan, Pecos, Real, Reagan, Runnels, San Saba, Schleicher, Shackelford, Sterling, Sutton, Taylor, Terrell, Throckmorton, Tom Green, Travis (west of Interstate 35), Upton, Uvalde (north of U.S. Highway 90), Val Verde (north of a line beginning at the International Bridge and proceeding along Spur 239 to U.S. Hwy. 90 and thence to the Kinney County line), and Wilbarger counties, the bag limit is five deer, no more than two bucks.
(B) In Archer, Bell (west of IH 35), Bosque, Brown, Clay, Coryell, Hamilton, Hill, Jack, Lampasas, McLennan, Mills, Palo Pinto, Somervell, Stephens, Wichita, Williamson (west of IH 35) and Young counties:
(i) the bag limit is five deer, no more than two bucks; and
(ii) the antler restrictions described in paragraph (3) of this subsection apply.
(C) In Armstrong, Borden, Briscoe, Carson, Childress, Collingsworth, Cottle, Crosby, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall, Hardeman, Hemphill, Hutchinson, Kent, King, Lipscomb, Motley, Ochiltree, Roberts, Scurry, Stonewall, and Wheeler counties, the bag limit is five deer, no more than one buck.
(D) In Brewster, Culberson, Jeff Davis, Presidio, and Reeves counties, the bag limit is four deer, no more than two bucks.
(E) In Comanche, Cooke, Denton, Eastland, Erath, Hood, Johnson, Montague, Parker, Tarrant, and Wise counties:
(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;
(ii) the antler restrictions described in paragraph (3) of this subsection apply; and
(iii) on USFS lands in Montague and Wise counties, antlerless deer may be taken only from Thanksgiving Day through the Sunday immediately following Thanksgiving Day.
(F) In Anderson, Angelina, Bell (East of IH 35), Bowie, Brazoria, Burleson, Brazos, Camp, Cass, Chambers, Cherokee, Delta, Ellis, Falls, Fannin, Fort Bend, Franklin, Freestone, Galveston, Goliad (south of U.S. Highway 59), Gregg, Grimes, Hardin, Harris, Harrison, Henderson, Hopkins, Houston, Hunt, Jackson (south of U.S. Highway 59), Jasper, Jefferson, Kauffman, Lamar, Leon, Liberty, Limestone, Madison, Marion, Matagorda, Milam, Montgomery, Morris, Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Rains, Red River, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, Trinity, Tyler, Upshur, Van Zandt, Victoria (south of U.S. Highway 59), Walker, Wharton (south of U.S. Highway 59), Williamson (east of IH 35), and Wood counties:
(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;
(ii) the antler restrictions described in paragraph (3) of this subsection apply; and
(iii) antlerless deer may be taken from opening day through the Sunday immediately following Thanksgiving Day.
(G) In Austin, Bastrop, Caldwell, Colorado, Comal (east of IH 35), DeWitt, Fayette, Goliad (north of U.S. Highway 59), Gonzales, Guadalupe, Hays (east of IH 35), Jackson (north of U.S. Highway 59), Karnes, Lavaca, Lee, Travis (east of IH 35), Victoria (north of U.S. Highway 59), Waller, Washington, Wharton (north of U.S. Highway 59), and Wilson counties:
(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;
(ii) the antler restrictions described in paragraph (3) of this subsection apply; and
(iii) antlerless deer may be taken from Thanksgiving Day through the Sunday immediately following Thanksgiving Day.
(iv) In the counties or portions of counties listed in this subparagraph, antlerless deer harvested on properties not subject to the provisions of § 65.29 of this title (relating to Managed Lands Deer (MLD) Programs) must be reported via the department's internet or mobile application within 24 hours of the time of kill, including antlerless deer harvested during any special seasons established by subsection (b)(5) - (7) of this section.
(H) In Collin, Dallas, Grayson, and Rockwall counties there is a general open season:
(i) the bag limit is four deer, no more than two bucks and no more than two antlerless;
(ii) the antler restrictions described in paragraph (3) of this subsection apply;
(iii) lawful means are restricted to lawful archery equipment, including properties for which MLDP tags have been issued; and
(iv) all deer harvested on properties not subject to the provisions of § 65.29 of this title (relating to Managed Lands Deer (MLD) Programs) must be reported via the department's internet or mobile application within 24 hours of the time of kill, including deer harvested during any special season established by subsection (b)(5) - (7) of this section.
(I) In Andrews, Bailey Castro, Cochran, Dallam, Dawson, Deaf Smith, Gaines, Hale, Hansford, Hartley, Hockley, Lamb, Lubbock, Lynn, Martin, Moore, Oldham, Parmer, Potter, Randall, Sherman, Swisher, Terry, and Yoakum counties, the bag limit is three deer, no more than one buck and no more than two antlerless.
(J) In Crane, Ector, Loving, Midland, Ward, and Winkler counties:
(i) the bag limit is three deer, no more than one buck and no more than two antlerless; and
(ii) antlerless deer may be taken by MLDP tag only.
(K) In all other counties, there is no General Season.
(3) Antler Restrictions. In each county for which antler restrictions are imposed under the provisions of this subsection:
(A) a legal buck is a buck deer with:
(i) at least one unbranched antler; or
(ii) an inside spread of 13 inches or greater;
(B) no person may take may more than one buck with an inside spread of 13 inches or greater; and
(C) a person who takes a buck deer in violation of subparagraph (A)(ii) of this paragraph is prohibited from subsequently harvesting any buck deer with branched antlers on both main beams in that county.
(4) Special Late General Seasons.
(A) There is a special late general season during which harvest is restricted to antlerless and unbranched antlered deer, as follows:
(i) in the counties listed in paragraph (1)(A) and (B) of this subsection: 14 consecutive days starting the first Monday following the third Sunday in January;
(ii) in the counties listed in paragraph (2)(A) - (C) and (E) of this subsection: 14 consecutive days starting the first Monday following the first Sunday in January.
(iii) In all other counties there is no special late general season.
(B) The bag limit during a special late general season is the bag limit established for the county for the general open season and is not in addition to any other bag limit.
(5) Archery-only open seasons.
(A) There shall be an archery-only open season in all counties in which there is an open general season.
(B) The open season is from the Saturday closest to September 30 for 35 consecutive days.
(C) The bag limit in any given county is as provided for that county during the general open season.
(D) No MLDP tag is required to hunt antlerless deer unless MLDP tags have been issued for the property.
(E) Antlerless deer may be taken on USFS lands during an archery-only season.
(6) Muzzleloader-only open seasons, and bag and possession limits shall be as follows. In Anderson, Angelina, Austin, Bastrop, Bell (East of IH 35), Bowie, Brazoria, Brazos, Brewster, Burleson, Caldwell, Camp, Cass, Chambers, Cherokee, Colorado, Comal (East of IH 35), Culberson, Delta, DeWitt, Ellis, Fannin, Falls, Fayette, Fort Bend, Franklin, Freestone, Galveston, Goliad, Gonzales, Gregg, Grimes, Guadalupe, Hardin, Harris, Harrison, Hays (East of IH 35), Henderson, Hopkins, Houston, Hunt, Jackson, Jasper, Jeff Davis, Jefferson, Karnes, Kaufman, Lamar, Lavaca, Lee, Leon, Liberty, Limestone, Madison, Marion, Matagorda, Milam, Montgomery, Morris, Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Presidio, Rains, Red River, Reeves, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, Travis (East of IH 35), Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Washington, Wharton, Williamson (East of IH 35), Wilson and Wood counties, there is an open season during which deer may be taken only with a muzzleloader.
(A) The open season is 14 consecutive days starting the first Monday following the first Sunday in January.
(B) The bag limit for buck and antlerless deer is as specified in this section for the general season in the county or portion of a county in which take occurs.
(C) Antlerless deer may be taken on USFS lands during a muzzleloader-only season.
(7) Special Youth-Only Seasons. There shall be special youth-only general hunting seasons in all counties where there is a general open season for white-tailed deer.
(A) The early open season is the Friday, Saturday, and Sunday immediately before the first Saturday in November.
(B) The late open season is 14 consecutive days starting the first Monday following the first Sunday in January.
(C) Bag limits, provisions for the take of antlerless deer, and special requirements in the individual counties listed in paragraph (2)(A) - (G) of this subsection shall be as specified for the first two days of the general open season in those counties, except as provided in subparagraph (D) of this paragraph.
(D) Provisions for the take of antlerless deer in the individual counties listed in paragraph (2)(G) of this subsection shall be as specified in those counties for the period of time from Thanksgiving Day through the Sunday immediately following Thanksgiving Day.
(E) Other than on properties where MLDP tags have been issued under the provisions of § 65.29(c)(2) of this title, only licensed hunters 16 years of age or younger may hunt deer during the seasons established by this paragraph, and any lawful means may be used.
(F) The stamp requirement of Parks and Wildlife Code, Chapter 43, Subchapter I, does not apply during the seasons established by this paragraph.
(G) Antlerless deer may be taken on USFS lands during special youth-only deer seasons.
(c) Mule deer. The open seasons and bag limits for mule deer shall be as follows:
(1) In Andrews, Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Coke, Collingsworth, Cottle, Crosby, Dallam, Dawson, Deaf Smith, Dickens, Donley, Fisher, Floyd, Foard, Gaines, Garza, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Knox, Lamb, Lipscomb, Lubbock, Lynn, Martin, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Scurry, Sherman, Stonewall, Swisher, Terry, Wheeler and Yoakum counties:
(A) the Saturday before Thanksgiving for 16 consecutive days;
(B) bag limit: one buck; and
(C) antlerless deer may be taken only by Antlerless Mule Deer permit or MLDP tag.
(D) In Andrews, Armstrong, Bailey, Briscoe, Castro, Childress, Cochran, Collingsworth, Cottle, Dawson, Donley, Foard, Floyd, Gaines, Hale, Hall, Hardeman, Hockley, Lamb, Lynn, Lubbock, Martin, Motley, Parmer, Randall, Swisher, Terry, and Yoakum counties, no person may harvest a buck deer with an outside spread of the main beams of less than 20 inches.
(2) In Crane, Crockett, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Presidio, Reagan, Reeves, Upton, Val Verde, Ward, and Winkler counties:
(A) the Friday immediately following Thanksgiving for 17 consecutive days;
(B) bag limit: one buck; and
(C) antlerless deer may be taken only by antlerless mule deer permit or MLDP tag.
(3) In Brewster, Pecos, and Terrell counties:
(A) the Friday immediately following Thanksgiving for 17 consecutive days;
(B) bag limit: one buck; and
(C) antlerless deer may be taken by antlerless mule deer permit or MLDP tag only.
(D) In Terrell County, no person may harvest a buck deer with an outside spread of the main beams of less than 20 inches.
(4) In all other counties, there is no general open season for mule deer.
(5) Archery-only open seasons and bag and possession limits shall be as follows.
(A) In Andrews, Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Coke, Collingsworth, Cottle, Crane, Crockett, Crosby, Culberson, Dallam, Dawson, Deaf Smith, Dickens, Donley, Ector, El Paso, Fisher, Floyd, Foard, Gaines, Garza, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Hemphill, Hockley, Hudspeth, Hutchinson, Jeff Davis, Kent, King, Knox, Lamb, Lipscomb, Loving, Lubbock, Lynn, Martin, Midland, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Presidio, Randall, Reagan, Reeves, Roberts, Scurry, Sherman, Stonewall, Swisher, Terry, Upton, Val Verde, Ward, Wheeler, Winkler, and Yoakum counties:
(i) from the Saturday closest to September 30 for 35 consecutive days; and
(ii) bag limit: one buck.
(B) In Brewster, Pecos, and Terrell counties:
(i) from the Saturday closest to September 30 for 35 consecutive days.
(ii) bag limit: two deer, no more than one buck. Antlerless deer may be harvested without a permit unless MLDP antlerless tags have been issued for the property.
(C) In all other counties, there is no archery-only open season for mule deer.
(6) There are no antler restrictions within a Containment Zone or Surveillance Zone established under the provisions of Subchapter B, Division 1 of this chapter.

31 Tex. Admin. Code § 65.42

The provisions of this §65.42 adopted to be effective August 23, 2009, 34 TexReg 5701; amended to be effective June 27, 2010, 35 TexReg 5575; amended to be effective September 1, 2012, 37 TexReg 5478; amended to be effective July 15, 2014, 39 TexReg 5417; Amended by Texas Register, Volume 40, Number 29, July 17, 2015, TexReg 4700, eff. 9/1/2015; Amended by Texas Register, Volume 41, Number 33, August 12, 2016, TexReg 6057, eff. 9/1/2016; Adopted by Texas Register, Volume 42, Number 26, June 30, 2017, TexReg 3399, eff. 7/9/2017; Amended by Texas Register, Volume 43, Number 22, June 1, 2018, TexReg 3609, eff. 9/1/2018; Amended by Texas Register, Volume 44, Number 31, August 2, 2019, TexReg 4058, eff. 9/1/2019; Amended by Texas Register, Volume 46, Number 28, July 9, 2021, TexReg 4169, eff. 9/1/2021; Amended by Texas Register, Volume 47, Number 02, January 14, 2022, TexReg 0100, eff. 1/18/2022; Amended by Texas Register, Volume 47, Number 33, August 19, 2022, TexReg 4997, eff. 9/1/2022; Amended by Texas Register, Volume 48, Number 30, July 28, 2023, TexReg 4122, eff. 8/15/2023; Amended by Texas Register, Volume 49, Number 32, August 9, 2024, TexReg 6006, eff. 8/11/2024