78R5673 KCR-D

By:  Cook of Colorado                                             H.B. No. 1529



A BILL TO BE ENTITLED

AN ACT

relating to the inspection of wildlife resources and devices used 
to catch or hunt wildlife resources; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 12, Parks and Wildlife 
Code, is amended by adding Section 12.102 to read as follows:
	Sec. 12.102.  INSPECTION OF WILDLIFE RESOURCES.  (a)  In this 
section:
		(1)  "Residence" means a person's principal or ordinary 
home or dwelling place.
		(2)  "Temporary residence" means a place where a person 
temporarily dwells or seeks shelter.  The term does not include a 
hunting blind.  The term does include a:
			(A)  hunting club or lodge;                                           
			(B)  clubhouse;                                                       
			(C)  cabin;                                                           
			(D)  tent;                                                            
			(E)  manufactured home used as a hunting club or 
lodge; and         
			(F)  hotel room, motel room, or room in a 
boardinghouse used during a hunting trip.
		(3)  "Wildlife resource" means any animal, bird, 
reptile, amphibian, fish, or form of aquatic life or any part of an 
animal, bird, reptile, amphibian, fish, or form of aquatic life the 
hunting, catching, or possession of which is regulated by this 
code.
	(b)  Except as provided by Subsection (d), a game warden or 
other peace officer commissioned by the department who observes a 
person engaged in an activity regulated by this code or under the 
jurisdiction of the commission or reasonably believes that a person 
is or has been engaged in an activity regulated by this code or 
under the jurisdiction of the commission may inspect:
		(1)  any license, permit, tag, or other document issued 
by the department and required by this code of a person hunting or 
catching wildlife resources;
		(2)  any device that may be used to hunt or catch a 
wildlife resource;
		(3)  any wildlife resource in the person's possession; 
and           
		(4)  the contents of any container or receptacle that 
could reasonably be used to store or conceal a wildlife resource.
	(c)  Except as provided by Subsection (d), a game warden or 
other peace officer commissioned by the department may 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)  Nothing in this section authorizes a game warden or 
other peace officer commissioned by the department to conduct a 
search otherwise authorized by this section:
		(1)  in a person's residence or temporary residence; or                
		(2)  on a publicly maintained road or way that is:                     
			(A)  improved, designed, or ordinarily used for 
vehicular traffic;  
			(B)  open to the public; and                                          
			(C)  distinguishable from a shoulder, berm, or 
other area not intended for vehicular traffic.
	(e)  A person who refuses to allow a game warden or other 
peace officer commissioned by the department to conduct an 
inspection under Subsection (b) or (c) commits an offense that is a 
Class C Parks and Wildlife Code misdemeanor.
	SECTION 2.  This Act takes effect September 1, 2003.