|(a) For the purposes of this section: (1) 'actual possession of a dog' means the physical control of a dog; (2) 'constructive possession of a dog' means having the power and intention to have and control a dog but without direct control of the dog, the actual presence of physical restraint upon the dog, or the actual presence of the dog at exactly the same place as the person having the dog. (b) It is unlawful to use a dog or dogs in hunting, pursuing, or taking deer in all counties. (c) It is lawful to use not more than two dogs in trailing a wounded deer in all counties, except in Angelina, Hardin, Harris, Harrison, Houston, Jasper, Jefferson, Liberty, Montgomery, Nacogdoches, Newton, Orange, Panola, Polk, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler, and Walker counties, where dogs shall not be used to trail wounded deer. (d) In Angelina, Hardin, Harris, Harrison, Houston, Jasper, Jefferson, Liberty, Montgomery, Nacogdoches, Newton, Orange, Panola, Polk, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler, and Walker counties, it is an offense for any person, during an open deer season, to be on property that the person does not own while: (1) in possession of a shotgun and buckshot or a slug; and (2) in actual or constructive possession of a dog or dogs. (e) The penalties for a violation of this section are prescribed by Parks and Wildlife Code, §62.013.
|Source Note: The provisions of this §65.19 adopted to be effective September 1, 1996, 21 TexReg 5303; amended to be effective June 3, 2002, 27 TexReg 4712; amended to be effective July 10, 2005, 30 TexReg 3997; amended to be effective October 18, 2005, 30 TexReg 6768