Texas Parks and Wildlife Code

§ 12.103 — ENTERING LAND; USE OF INFORMATION OBTAINED BY ENTRY; CIVIL PENALTY

PW § 12.103Title 2. PARKS AND WILDLIFE DEPARTMENT · Ch. 12. POWERS AND DUTIES CONCERNING WILDLIFE · Art. B. ENFORCEMENT POWERS

Statute text

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(a)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 his entering on land or water when acting in his official capacity as described by this subsection.

(b)Except as provided by Subsection (d) or (d-1), the department may use information collected by an employee of the department on privately owned land only for the purposes of scientific investigations and research described in Subsection (a) and only if authorized in writing by the landowner or the landowner's agent. Unless the department first obtains the written consent of the landowner or the landowner's agent, the department may not:

(1)use other incidental information obtained on the land that does not pertain directly to the investigation or research authorized under Subsection (a); or

(2)enter or permit the entry of any information that does not pertain directly to the investigation or research authorized under Subsection (a), into a database:

(A)maintained by the department and available to a person other than a department employee;

(B)maintained by a natural heritage program administered by the department; or

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Legislative history

Acts 2023, 88th Leg., R.S., Ch. 247 (S.B. 811), Sec. 5, eff. May 27, 2023.