H.B. 1529 78(R)    BILL ANALYSIS


H.B. 1529
By: Cook, Robby
State Cultural and Recreational Resources
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

After an interim study, the Committee on State Recreational Resources
recommended that legislation be enacted with regard to the inspection
authority of Texas game wardens, which would allow them to better perform
their duties.  Wardens are responsible for ensuring compliance with state
regulations to maintain and protect wildlife and other natural resources.
Currently, a warden may search hunting and fishing ice chests, bags,
automobiles, etc. with consent or probable cause.  Their ability to
regulate activities covered by the Parks and Wildlife Code, such as
enforcing bag limits, possession limits and size limits would be enhanced
by this legislation.   

Texas game wardens are required to have a Bachelors degree from an
accredited institution with relevant coursework in resource conservation
and management.  As peace officers, they are required to respond to penal
code violations.  These individuals are both trained and knowledgeable of
search and seizure authority.  While greater than three quarters of
hunters and landowners have agreed that game wardens are effective in
controlling illegal activities in Texas, game wardens should be given the
authority to inspect what is necessary to protect natural resources in
Texas. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

House Bill 1529 amends the Parks and Wildlife Code to allow for the
inspection of:  devices used to hunt or catch wildlife; licenses, permits
or tags that the person hunting or catching wildlife is required to have;
any wildlife in the person's possession;  and the contents of containers
that could be used to conceal wildlife, by game wardens when there is
reasonable belief that a person has been engaged in an activity regulated
by this code, with the exception of  a person's residence or on a public
roadway.  This bill provides a penalty for a person who refuses to allow a
game warden to conduct this search. 

EFFECTIVE DATE

September 1, 2003