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.
Added by Acts 2003, 78th Leg., ch. 558, Sec. 1, eff. Sept. 1, 2003.
Structure Texas Statutes
Title 2 - Parks and Wildlife Department
Chapter 12 - Powers and Duties Concerning Wildlife
Subchapter B. Enforcement Powers
Section 12.102. Inspection of Wildlife Resources
Section 12.1025. Risk-Based Inspections of Nonrecreational Authorization Holders
Section 12.103. Entering Land; Use of Information Obtained by Entry; Civil Penalty
Section 12.104. Right to Search and Inspect
Section 12.106. Notice to Appear
Section 12.107. Remission of Fines
Section 12.109. Confiscation and Disposition of Aquatic Products
Section 12.110. Disposition of Confiscated Game
Section 12.1101. Seizure and Disposal of Certain Animals' Pelts and Carcasses
Section 12.1104. Removal and Disposal of Abandoned Fishing Device
Section 12.1105. Seizure and Disposition of Unlawful Fishing Devices
Section 12.1106. Seizure and Disposition of Contraband; Immunity
Section 12.113. Coastal Survey Charts Admissible
Section 12.114. Driver's License or Personal Identification Certificate Required
Section 12.116. Justice Court to Provide Affidavits Certifying Certain Convictions
Section 12.119. Violation of Commission Rule on Possession of License; Penalty