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Texas has a legislative history of species protection. According to author Robin Doughty, overhunting led to a
noticeable decline in deer, turkey, and fur-bearing animals in Texas by the 1830s and 1840s.* A decline in certain bird species also was documented at this time. In response, the Texas legislature enacted game laws. Game laws are still prevalent today and are used to prevent the demise of, or in some cases to control the proliferation of, specific species.
- In 1860 the first game law in Texas designated closed season for the hunting of quail on Galveston Island. This law was
aimed solely at protecting the quail of Galveston Island, which were being overhunted.*
- In 1879 Governor Oran M. Roberts created the first state institution for the conservation of animals. The State Fish
Commissioner was appointed to improve the conditions of freshwater fish species and marine organisms that were being heavily exploited as a food resource and were also being affected by
water pollution.*
- In 1903 under the Act to Preserve and Protect Wild Game, Wild Birds and Wild Fowl, the state established a five-year
closed season for the hunting of antelope, mountain sheep, and pheasants, and ended commerce in wild animal meat, skins, and plumage.
- In 1907 a law authorized the new Game, Fish and Oyster Commissioner to sell hunting licenses to finance enforcement of
game laws. (In 1910, however, the Texas legislature appropriated the fund for other purposes and little enforcement took place.)
- In 1925 a state law was passed to establish game preserves on privately held land.
- In 1973 the Texas legislature enacted a state Endangered Species Act, which was amended in 1981, 1985, and 1987. The act
gave the Texas Parks and Wildlife Department the authority to establish a list of fish and wildlife that are endangered or threatened with statewide extinction. Once listed, these species
are afforded certain protections. The Texas legislature has not allowed invertebrates to be listed as endangered and threatened. In addition, under the State Endangered Species Act,
plants are treated differently from animals.The state Endangered Species Act does not require the TPWD to design a recovery program for species on the state list, but the agency does
develop action plans for those species and does receive money to assist the Fish and Wildlife Service in designing and implementing recovery plans for federal endangered species found in
Texas. Unlike the federal Endangered Species Act, the state's Endangered Species Act makes no provision for the protection of wildlife species from indirect take (e.g., destruction of
habitat or unfavorable management practices). The TPWD does have a Memorandum of Understanding with every state agency to conduct a thorough environmental review of state initiated and
funded projects, such as highways, reservoirs, land acquisition, and building construction, to determine their potential impact on state endangered or threatened species.
- In 1983 the Texas legislature established a Special Non-game and Endangered Species Fund to support nongame and endangered
species research and management. The fund receives money from fines, the sale of posters, stamps, and decals, and from private donations. Also, the Fish and Wildlife Service shares with
the state a portion of the money it receives from the federal excise tax on hunting equipment. The money is used to support nongame and endangered species research and management.
- In 1988 the Texas Legislature authorized the Texas Parks and Wildllife Department to establish a list of endangered and
threatened plant species for the state.
- In 1991 the 72nd Legislature adopted a bill adding wildlife management to the list of "agricultural uses" that qualified
otherwise taxable open land for special appraisal valuation for property tax purposes. Essentially farmers and ranchers who take land out of production and return it to a natural state
for the purpose of wildlife management may be taxed according to the land's productivity value rather than its market value.
- A 1995 bill requires the written permission of the landowner to enter onto private land and to disclose information
collectected species.
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