| 1 | 1 | | By: Virdell H.B. No. 1379 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the authority of a game warden or other peace officer |
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| 9 | 9 | | commissioned by the Parks and Wildlife Department to enter private |
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| 10 | 10 | | property. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 12.103, Parks and Wildlife Code, is |
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| 13 | 13 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (a) Except as provided by Subsection (a-1), to [To] enforce |
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| 16 | 16 | | the game and fish laws of the state and to conduct scientific |
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| 17 | 17 | | investigations and research regarding wild game or fish, an |
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| 18 | 18 | | authorized employee of the department may enter on any land or water |
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| 19 | 19 | | where wild game or fish are known to range or stray. No action may be |
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| 20 | 20 | | sustained against an employee of the department to prevent the |
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| 21 | 21 | | employee from [his] entering on land or water when acting in the |
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| 22 | 22 | | employee's [his] official capacity as described by this subsection. |
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| 23 | 23 | | (a-1) The commission by rule shall prohibit a game warden or |
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| 24 | 24 | | other peace officer commissioned by the department from entering |
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| 25 | 25 | | private property unless the game warden or peace officer: |
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| 26 | 26 | | (1) has obtained the permission of the property owner; |
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| 27 | 27 | | (2) has probable cause of a criminal offense committed |
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| 28 | 28 | | or being committed on the property; |
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| 29 | 29 | | (3) is executing a warrant or other court order; |
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| 30 | 30 | | (4) determines an emergency exists constituting a |
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| 31 | 31 | | danger to the public health, safety, or general welfare; or |
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| 32 | 32 | | (5) is acting under another state or federal law |
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| 33 | 33 | | exception to the warrant requirement. |
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| 34 | 34 | | SECTION 2. The change in law made by this Act applies only |
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| 35 | 35 | | to a game warden or other peace officer commissioned by the Texas |
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| 36 | 36 | | Parks and Wildlife Department entering private property on or after |
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| 37 | 37 | | the effective date of this Act. A game warden or other peace officer |
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| 38 | 38 | | commissioned by the Texas Parks and Wildlife Department entering |
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| 39 | 39 | | private property before the effective date of this Act is covered by |
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| 40 | 40 | | the law in effect on the entrance date, and the former law is |
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| 41 | 41 | | continued in effect for that purpose. |
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| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2025. |
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