Have a couple neighboring properties that have recently sold and are now going under high fence and bringing in whoppers. Are high fenced whitetail in Texas "protected" as livestock if they were to escape? Does having an ear tag change things? I have read where exotics are treated as livestock when they escape if they are tagged. Looked in the book and cant find anything so wanted to ask the experts.

Tagging a WT does nothing, all deer belong to the state. Now, if you see one and you’re a good neighbor, you might let them come tranq him, but you have no duty.

That would be illegal without the proper permit if it is just a HF ranch. State game laws prohibit the capture of game animals in the wild without proper permitting. Once liberated the deer are subject to state game laws and are fair game when they escape that release property. If the deer escape from breeding pens there are different laws...IIRC they allow them 24 hrs after notification to try to capture them if they escape. All this may have changed in the last few years though.

What about any other game that escapes, such as elk, black buck, or any other game that is not native to Texas. Are these considered livestock?

There was/is a law in place that allowed someone to recapture an exotic animal(s) that were marked/tagged. Not sure the exact wording or how it worked but I do know if the landowner could prove he owned the animal(s)he could attempt to get it back with a cooperating landowner. IIRC any untagged exotic is fair game since they are not considered wildlife.

Also note you need to have written property own permission, lease contracts a lot of times don’t specifically state you are allowed to take exotics. Landowner could circle back on you

Lets say a HF ranch buys a number of Bucks from a breeder. They are tagged. They get out into a neighbors. Some of the Bucks die from CWD. Does the state come in and shoot all your deer even though you are not the one that purchased them.

That oughta kick things off around here

My neighbors know that if one of their MONSTER bucks escapes, that I will shoot it given the opportunity. They're good with that. One of their watergaps has been wedged open going on 2 years now.

We had a buffalo show up on our ranch several years ago. Several escaped from a ranch down the road and one was shot by a neighboring ranch. We penned the one on our ranch up and called the owner. he was pretty pissed about the neighbor shooting the one but not sure whether he got any compensation on it or not.

My place is low fence so I welcome all escapees with open arms.

If it didn't have an ear tag, and you had no idea that it ever had an ear tag, then it's to be treated just like every other deer that is legal to hunt. Just don't let anybody see you remove the ear tag, and NEVER ever talk about the ear tag that was never there, and that you never saw or removed.

Here is the statue concerning exotics. Has to be clearly marked or tagged and visible from a distance.



https://statutes.capitol.texas.gov/Docs/AG/htm/AG.142.htm

Sec. 142.0021. OWNERSHIP OF EXOTIC WILDLIFE AND FOWL. A person may claim to be the owner of exotic livestock or exotic fowl under this chapter only if the animal is tagged, branded, banded, or marked in another conspicuous manner that can be read or identified from a long distance and that identifies the animal as being the property of the claimant.


Added by Acts 1993, 73rd Leg., ch. 203, Sec. 2, eff. Sept. 1, 1993.




Sec. 142.003. DISCOVERY OF ESTRAY; NOTICE. (a) If an estray, without being herded with other livestock, roams about the property of a person without that person's permission or roams about public property, the owner of the private property or the custodian of the public property, as applicable, shall, as soon as reasonably possible, report the presence of the estray to the sheriff of the county in which the estray is discovered.

(b) After receiving a report under Subsection (a) of this section that an estray has been discovered on private property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported.

(c) After receiving a report under Subsection (a) that an estray has been discovered on public property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported, except that if the sheriff or the sheriff's designee determines that the estray is dangerous to the public, the sheriff or the sheriff's designee may immediately impound the estray without notifying the owner.

(d) If the owner does not immediately remove the estray:

(1) the sheriff or the sheriff's designee may proceed with the impoundment process prescribed by Section 142.009; or

(2) if a perilous condition exists, the sheriff or the sheriff's designee may proceed with disposition of the estray under Section 142.015.