By:  Cook of Colorado (Senate Sponsor - Armbrister)               H.B. No. 1529
	(In the Senate - Received from the House May 1, 2003; 
May 6, 2003, read first time and referred to Committee on Natural 
Resources; May 19, 2003, reported favorably by the following vote:  
Yeas 9, Nays 0; May 19, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the inspection of wildlife resources and devices used 
to catch or hunt wildlife resources and to the cold storage of game 
animals.
	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 
is commonly 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.
	SECTION 2.  Section 62.029, Parks and Wildlife Code, is 
amended by adding Subsection (f) to read as follows:
	(f)  This section does not apply to a private, noncommercial, 
family-owned cold storage or processing facility.
	SECTION 3.  This Act takes effect September 1, 2003.                           



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