Sec. 46.002.  EXEMPTIONS.  (a)  A license issued under this chapter is not required of a person:
(1)  who is a resident and whose birth date is before January 1, 1931;
(2)  who is a nonresident, if the person's birth date is before September 1, 1930, and the person's state of residence grants a similar age exemption to Texas residents;
(3)  with a mental illness or developmental or intellectual disability who is engaged in recreational fishing as part of medically approved therapy under the immediate supervision of personnel approved or employed by a hospital, residence, or school for persons with mental illnesses or developmental or intellectual disabilities;
(4)  with a mental illness or developmental or intellectual disability who is engaged in recreational fishing under the immediate supervision of a person who:
(A)  holds a license issued under this chapter; and
(B)  if not a member of the family of the person with a mental illness or developmental or intellectual disability, has the permission of the family head or legal guardian of the person with a mental illness or developmental or intellectual disability to take the person with a mental illness or developmental or intellectual disability fishing;
(5)  who is participating in an event that is sponsored or co-sponsored by the department with the approval of the director; or
(6)  who is a resident and who is a veteran of the United States armed forces, if the person is acting under Section 11.208 and complying with rules adopted under that section.
(b)  The person with a mental illness or developmental or intellectual disability who is recreationally fishing under Subsection (a)(3) shall carry an authorization identifying the entity supplying the service.  This authorization may be in the form of a tag that contains the name of the sponsoring entity.
(c)  A person with a mental illness or developmental or intellectual disability who is engaged in recreational fishing under Subsection (a)(4) must carry a note from a doctor stating that the person has been diagnosed with a mental illness or developmental or intellectual disability.
Added by Acts 1987, 70th Leg., ch. 27, Sec. 1, eff. April 22, 1987.  Amended by Acts 1989, 71st Leg., ch. 1153, Sec. 1, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 838, Sec. 22, eff. July 15, 1993;  Acts 1995, 74th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1058, Sec. 1, eff. Sept. 1, 2001.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1274 (H.B. 550), Sec. 1, eff. June 17, 2011.
Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 11, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 260 (H.B. 1728), Sec. 4, eff. September 1, 2021.