SRC-JLB S.B. 989 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 989
78R5673 KCR-DBy: Armbrister
Natural Resources
4/5/2003
As Filed


DIGEST AND PURPOSE 

Currently, a game warden or other peace officer commissioned by the Texas
Parks and Wildlife Department may search a game bag, vehicle, or other
receptacle if the game warden or peace officer has a reasonable,
articulable suspicion that the game bag, vehicle, vessel, or receptacle
contains a wildlife resource that has been unlawfully killed or taken.
Current law is not clear as to whether a game warden may check for device
or equipment compliance when a person is engaged in an activity regulated
by the Texas Parks and Wildlife Code, and statutes vary from chapter to
chapter on when and how a license, permit, or tag may be inspected by a
game warden.  As proposed, S.B. 989 defines certain terms;  authorizes a
game warden or other peace officer to inspect certain items;  authorizes a
game warden or other peace officer to inspect any wildlife resource that
has been taken by a person and is in plain view of the game warden or
other peace officer;  provides that nothing authorizes a game warden or
other peace officer to conduct a search otherwise authorized in certain
residences or public areas;  and provides that a person who refuses to
allow a game warden or other peace officer to conduct an inspection
commits a Class C misdemeanor. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 12B, Parks and Wildlife Code, by adding Section
12.102, as follows: 
 
Sec. 12.102.  INSPECTION OF WILDLIFE RESOURCES.  (a)  Defines "residence,"
"temporary residence," and "wildlife resource." 

(b)  Authorizes a game warden or other peace officer commissioned by the
Texas Parks and Wildlife Department (TPWD) who observes a person engaged
in an activity regulated by this code or under the jurisdiction of the
Parks and Wildlife Commission (commission) or who reasonably believes that
a person is or has been engaged in an activity regulated by this code or
under the jurisdiction of the commission, except as provided by Subsection
(d), to inspect certain items. 

(c)  Authorizes a game warden or other peace officer commissioned by TPWD,
except as provided by Subsection (d), to inspect any wildlife resource
that has been taken by a person and is in plain view of the game warden or
other peace officer. 
 
(d)  Provides that nothing in this section authorizes a game warden or
other peace officer commissioned by TPWD to conduct a search otherwise
authorized by this section in certain residences or public areas. 

(e)  Provides that a person who refuses to allow a game warden or other
peace officer commissioned by TPWD to conduct an inspection under
Subsection (b) or (c) commits  an offense that is a Class C Parks and
Wildlife Code misdemeanor. 

SECTION 2.  Effective date:  September 1, 2003.