Warden Entry Limit’s Fifth Exception Covers Every Other Exception

The text as introduced · 352 words

By: Virdell
H.B. No. 1379

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a game warden or other peace officer

commissioned by the Parks and Wildlife Department to enter private

property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.103, Parks and Wildlife Code, is

amended by amending Subsection (a) and adding Subsection (a-1) to

read as follows:

(a) Except as provided by Subsection (a-1), to [ To ] enforce

the game and fish laws of the state and to conduct scientific

investigations and research regarding wild game or fish, an

authorized employee of the department may enter on any land or water

where wild game or fish are known to range or stray. No action may be

sustained against an employee of the department to prevent the

employee from [ his ] entering on land or water when acting in the

employee's [ his ] official capacity as described by this subsection.

(a-1) The commission by rule shall prohibit a game warden or

other peace officer commissioned by the department from entering

private property unless the game warden or peace officer:

(1) has obtained the permission of the property owner;

(2) has probable cause of a criminal offense committed

or being committed on the property;

(3) is executing a warrant or other court order;

(4) determines an emergency exists constituting a

danger to the public health, safety, or general welfare; or

(5) is acting under another state or federal law

exception to the warrant requirement.

SECTION 2. The change in law made by this Act applies only

to a game warden or other peace officer commissioned by the Texas

Parks and Wildlife Department entering private property on or after

the effective date of this Act. A game warden or other peace officer

commissioned by the Texas Parks and Wildlife Department entering

private property before the effective date of this Act is covered by

the law in effect on the entrance date, and the former law is

continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.