HB 1379

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

House Bill Virdell | Moody | Vasut | Cain | Schatzline
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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What This Bill Does

Restricts when game wardens and Parks and Wildlife peace officers can enter private property, requiring specific conditions like owner permission, probable cause of a crime, an active warrant, an emergency situation, or another legal exception. The legislation provides clear guidelines protecting private property rights while maintaining law enforcement's ability to investigate potential wildlife or environmental violations. This changes existing law to provide more explicit protections for property owners against unwarranted entry by game wardens, with the new rules taking effect September 1, 2025.

Subject Areas

Bill Text

relating to the authority of a game warden or other peace officer
commissioned by the Parks and Wildlife Department to enter private
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
(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.

Bill History

filed

Bill filed: AN ACT relating to the authority of a game warden or other peace officer