No Hunter's Ed ticket?

[JustinJ]

Another thread got me reading the P&W code and I can't find anything in there about Hunter's ed requirements. I was wondering if anyone has gotten a ticket for that and , if so, what law was cited. I'm sure there is one, just dunno what it is.

And don't worry, I got my hunter's ed years ago.

[dustoffer]

It's there--you just haven't found it.

[Fordnandez]

Interested as well. I have only heard the friend of a friend stories of how they got a ticket for not having it. I also heard (might have been the same story) that they will not accept your HE # on the hunting liscense and that you have to have the actual card. Surprisingly it was very easy for me to find and reprint it online.

[JustinJ]

It's there--you just haven't found it.

I'm sure it is, but the wannabe lawyer in me wants to find a loophole

[kc5rkg]

https://statutes.capitol.texas.gov/Docs/PW/htm/PW.62.htm#62.014

[JustinJ]

Well I found it, sort of.

Its in the Texas Administrative Code, not the Parks and Wildlife code.

(F) No person whose date of birth is after September 1, 1971 may hunt a wildlife resource by means of an arrow gun unless that person has successfully completed a department-approved hunter education course or is otherwise in compliance with the applicable requirements of §51.80 of this title (relating to Hunter Education Course and Instructors).

Another law is listed for hunting with an air gun, but I still haven't found a law that requires hunters ed while using a bow or gun.

[JustinJ]

https://statutes.capitol.texas.gov/D....62.htm#62.014

there we go. Thanks!

Disregard thread, I'm an idiot

[bowaddict40]

https://statutes.capitol.texas.gov/D....62.htm#62.014

I read this whole thing and no where in there does it state that you have to have the actual card on you.

I also read that it said that active duty and Honorably discharged vets are exempt from taking the course. This is something I bet a lot of people do not know.

[JustinJ]

I read this whole thing and no where in there does it state that you have to have the actual card on you.

I also read that it said that active duty and Honorably discharged vets are exempt from taking the course. This is something I bet a lot of people do not know.

The way the law is written, it allows for the commission or department to set regulations as they see fit, as it pertains to hunter's ed.

The commission may provide that residents or nonresidents who have successfully completed the same or a comparable hunter education course and possess a certificate or other evidence of completion have satisfied the requirements imposed under this subsection.

The word "may" provides them a lot of leeway.

[bowaddict40]

The way the law is written, it allows for the commission or department to set regulations as they see fit, as it pertains to hunter's ed.



The word "may" provides them a lot of leeway.

It does say you have to have taken the course and provide proof. The proof is the number on your license. So what I was getting at is the link above still does not state that a card is required to be on your person. I carry mine all the time with my license in my wallet. I was just reading what in the link.

[JustinJ]

It does say you have to have taken the course and provide proof. The proof is the number on your license. So what I was getting at is the link above still does not state that a card is required to be on your person. I carry mine all the time with my license in my wallet. I was just reading what in the link.

Correct, but when it says the commission "may" do something that is not a requirement by law. It means the commission may choose to enforce the code as they see fit. If it said "shall", they would have to do exactly as it says. Basically means TPWD can require you to have the card or not, but as with many other requirements, the ticket would probably get thrown out if you provided the card or other proof after the fact.

[14JKURX]

From the hunting manual

https://tpwd.texas.gov/regulations/outdoor-annual/hunting/hunter-education

[bowaddict40]

Correct, but when it says the commission "may" do something that is not a requirement by law. It means the commission may choose to enforce the code as they see fit. If it said "shall", they would have to do exactly as it says. Basically means TPWD can require you to have the card or not, but as with many other requirements, the ticket would probably get thrown out if you provided the card or other proof after the fact.

We are bantering about being on the same side. LOL....I agree that “May” is subjective. My point I guess is if they are going to require it they should put it in writing saying so. As it is there is a lot of grey area. I am in the majority that thinks of you have it why not carry it. Kinda like the hog hunting hunting question that keeps coming up. “Do I have to have a license to hunt hogs only?”


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[Dakota7493]

I took my hunters safety out of state. Got a ticket for not carrying it with me. It was dismissed when I photo copied it and sent it to them. Always carry it with me now.

[JustinJ]

We are bantering about being on the same side. LOL....I agree that “May” is subjective. My point I guess is if they are going to require it they should put it in writing saying so. As it is there is a lot of grey area. I am in the majority that thinks of you have it why not carry it. Kinda like the hog hunting hunting question that keeps coming up. “Do I have to have a license to hunt hogs only?”


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Bantering is only fun when you're on the same side!

Yup the hog hunting license thread is what made me start this one.