Do I have to have a license to have

quail pheasants geese ducks etc if they are solely for our freezer & table and I do not sell them?
The answer is yes, TP&W, requires a Commercial Breeders Permit 1, it allows you to raise up to 1000 birds a year and cost is $27/year. A Commercial 2 permit allows for any amount over 1000 birds, and cost $389/year.
 
This is an older publication. The cost have changed since this publication. Chapter 45.0061 is the "Got ya" clause, so read and find out if you want to chance raising birds for your own use without a permit. Hope this helps.



Justia › US Law › US Codes and Statutes › Texas Code › 2005 Texas Code › Texas Parks and Wildlife Code › CHAPTER 45. GAME BIRD BREEDER\'S LICENSE
2005 Texas Parks and Wildlife Code CHAPTER 45. GAME BIRD BREEDER\'S LICENSE



PARKS AND WILDLIFE CODE


CHAPTER 45. GAME BIRD BREEDER'S LICENSE



§ 45.0001. DEFINITIONS. In this chapter:
(1) "Game bird" has the meaning assigned by Section
64.001 and includes "migratory game birds."
(2) "Migratory game bird" has the meaning assigned by
Section 64.021.

Added by Acts 2005, 79th Leg., ch. 992, § 14, eff. June 18, 2005.


§ 45.001. LICENSE REQUIRED. No person may possess game
birds in captivity for the purpose of propagation or sale or sell
game bird eggs without first acquiring the proper license
authorized to be issued under this chapter.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1208, ch. 456, § 8(a), eff.
Sept. 1, 1975; Acts 1997, 75th Leg., ch. 1256, § 49, eff. Sept.
1, 1997; Acts 2005, 79th Leg., ch. 992, § 15, eff. June 18, 2005.


§ 45.002. FORM OF LICENSE; PERIOD OF VALIDITY. (a) The
department shall issue the licenses authorized by this chapter on a
form provided by the department and may designate agents for their
issuance.
(b) Each license shall be numbered.
(c) A license is valid for a yearly period. Each yearly
period begins on September 1 or another date set by the commission
and extends through August 31 of the next year or another date set
by the commission. The commission by rule may set the amount of a
license fee for a license issued during a transition period at an
amount lower than prescribed in this section and provide for a
license term for a transition period that is shorter or longer than
a year.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 365, § 3, eff. May 31, 1993;
Acts 1995, 74th Leg., ch. 931, § 47, eff. June 16, 1995.


§ 45.003. TYPES OF LICENSES; FEES. (a) A class 1
commercial game bird breeder's license entitles the holder to
possess in captivity more than 1,000 game birds. The fee for a
class 1 license is $100 or an amount set by the commission,
whichever amount is more.
(b) A class 2 commercial game bird breeder's license
entitles the holder to possess in captivity not more than 1,000 game
birds during any calendar year. The fee for a class 2 license is $10
or an amount set by the commission, whichever amount is more.
(c) A class 1 or class 2 commercial game bird breeder's
license is valid for selling game bird eggs in this state,
regardless of the number of eggs sold.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1208, ch. 456, § 8(b), eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 1331, ch. 277, § 18, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 28, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, § 50, eff. Sept.
1, 1997; Acts 2005, 79th Leg., ch. 992, § 16, eff. June 18, 2005.


§ 45.004. SIZE OF ENCLOSURES. (a) No holder of a license
under this chapter may retain game birds, other than a migratory
bird or waterfowl, in an enclosure larger than 40 acres.
(b) No holder of a license under this chapter may retain a
migratory bird or waterfowl in an enclosure larger than 320 acres.
(c) "Captivity" means the keeping of game birds in an
enclosure or pen.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.


§ 45.005. RECORDS OF LIVE BIRD AND EGG SALES. (a) No
holder of a commercial game bird breeder's license may sell a live
game bird or game bird egg without issuing a written document
showing the name and serial number of the game bird breeder, the
name and address of the purchaser, and the kind or species and
number of game birds or game bird eggs sold. The document shall be
delivered to the purchaser.
(b) The department shall issue to each holder of a
commercial game bird breeder's license a serial number which shall
remain the number of the person holding the license as long as he
continues to hold a license.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1209, ch. 456, § 8(c), eff.
Sept. 1, 1975; Acts 1981, 67th Leg., p. 2441, ch. 625, § 1, eff.
Sept. 1, 1981; Acts 2005, 79th Leg., ch. 992, § 17, 18 eff. June
18, 2005.


§ 45.006. SALES OF GAME BIRD CARCASSES OR PARTS OF A GAME
BIRD. (a) No person may sell, offer for sale, or purchase the
carcass or any part of a dead pen-raised game bird unless:
(1) the carcass or part is clearly stamped and marked
by the stamp authorized by Subsection (b); or
(2) the carcass or part is delivered to the purchaser
and is accompanied by a document on which is printed or written the
name, street address, and identification number, if applicable, of
the game bird breeder.
(b) Each holder of a license required by this chapter who
offers for sale the carcass of a pen-raised game bird may acquire a
rubber stamp which, when used, shows the identification number of
the holder of the license.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2441, ch. 625, § 2, eff.
Sept. 1, 1981; Acts 1997, 75th Leg., ch. 1256, § 51, eff. Sept.
1, 1997.


§ 45.0061. SOURCE OF GAME BIRDS. A person who is not
required to possess a commercial game bird breeder's license and
who is in possession of a live game bird, game bird egg, or part of a
dead game bird shall, on the request of a game warden commissioned
by the department, furnish to the warden a receipt showing the name
and street address of the person and the name and street address of
the source from which any live game bird, game bird egg, or part of a
dead game bird in the possession of the person was derived. The
receipt must also show the date of sale and the kind or species and
number of live game birds, game bird eggs, or parts of dead game
birds acquired. The failure or refusal to comply with this section
is a violation of this chapter.

Added by Acts 1975, 64th Leg., p. 1209, ch. 456, § 8(d), eff.
Sept. 1, 1975. Amended by Acts 1997, 75th Leg., ch. 1256, § 52,
eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 992, § 19, eff.
June 18, 2005.
 
Sorry about the 1st post, it was misleading, the $389 was for a different license. Here's a copy of the form you will need to fill out and send in for a permit.

Game Bird Breeder License Application
Permit Expires on August 31
Class I GAME BIRD BREEDER — If raising more than 1,000 game birds in a calendar year – Fee $189.00
Class II GAME BIRD BREEDER — If raising not more than 1,000 game birds in a calendar year – Fee $27.00
A Class I or Class II commercial game bird breeder’s license is valid for selling game bird eggs in this state, regardless of the number of eggs sold.
NAME OF INDIVIDUAL _____________________________________________________________________________
CUSTOMER NUMBER _____________________________________________________________________________
PHYSICAL ADDRESS ______________________________________________________________________________
CITY ______________________ STATE _____ ZIP CODE ______________ TELEPHONE_____________________
MAILING ADDRESS ________________________________________________________________________________
CITY ______________________ STATE _____ ZIP CODE ______________
DRIVERS LICENSE NO. ___________________________ STATE _____ DATE OF BIRTH______________________
SOCIAL SECURITY NUMBER _______________________________________________ (REQUIRED)
SERIAL NUMBER _________________________________________________________
PHYSICAL LOCATION AND COUNTY WHERE BIRDS/EGGS WILL BE KEPT IF DIFFERENT THAN ABOVE:
_________________________________________________________________________________________________
CITY ____________________________________ TX ZIP CODE ________________ COUNTY_________________
____________________________________________ ________________________________ SIGNATURE OF APPLICANT DATE
Mail this application with the fee to: Texas Parks and Wildlife Department License Section
4200 Smith School Road Austin, Texas 78744
Texas Parks and Wildlife Department maintains the information collected through this form. With few exceptions, you are entitled to be informed about the information we collect. Under Sections 552.021 and 552.023 of the Texas Government Code, you are also entitled to receive and review the information. Under Section 559.004, you are also entitled to have this information corrected. Please note that the customer information collected through
 
Here in Alabama it's 25 bucks a year for the commercial license and it's cheap insurance for your customers. i have to attach a 'card' to all live birds or carcasses sold with my name and license number along with their name, address and number and type of birds that way if they are inspected/questioned by Fish & Wildlife/LEO they are covered for any over the bag limit or in possession limits as well as out of season, it's saved several of my customers hefty fines.
 

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