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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a game warden or other peace officer |
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commissioned by the Parks and Wildlife Department to enter private |
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property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.103, Parks and Wildlife Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as provided by Subsection (a-1), to [To] enforce |
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the game and fish laws of the state and to conduct scientific |
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investigations and research regarding wild game or fish, an |
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authorized employee of the department may enter on any land or water |
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where wild game or fish are known to range or stray. No action may be |
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sustained against an employee of the department to prevent the |
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employee from [his] entering on land or water when acting in the |
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employee's [his] official capacity as described by this subsection. |
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(a-1) The commission by rule shall prohibit a game warden or |
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other peace officer commissioned by the department from entering |
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private property unless the game warden or peace officer: |
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(1) has obtained the permission of the property owner; |
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(2) has probable cause of a criminal offense committed |
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or being committed on the property; |
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(3) is executing a warrant or other court order; |
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(4) determines an emergency exists constituting a |
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danger to the public health, safety, or general welfare; or |
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(5) is acting under another state or federal law |
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exception to the warrant requirement. |
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SECTION 2. The change in law made by this Act applies only |
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to a game warden or other peace officer commissioned by the Texas |
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Parks and Wildlife Department entering private property on or after |
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the effective date of this Act. A game warden or other peace officer |
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commissioned by the Texas Parks and Wildlife Department entering |
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private property before the effective date of this Act is covered by |
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the law in effect on the entrance date, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |