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Texas

Vernon's Texas Statutes and Codes Annotated. Parks and Wildlife Code. Title 5. Wildlife and Plant Conservation. Subtitle B. Hunting and Fishing. Chapter 62. Provisions Generally Applicable to Hunting. Subchapter A. General Provisions. 62.0125. Harassment of Hunters, Trappers, and Fishermen

Statute Details
Printable Version
Citation: V. T. C. A., Parks & Wildlife Code 62.0125

Citation: TX PARKS & WILD 62.0125


Last Checked by Web Center Staff: 11/2013

Summary:   This law represents Texas' hunter harassment law, also known as the Sportsman's Rights Act. Under the section, a person may not intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife, or intentionally harass, drive, or disturb any wildlife for the purpose of disrupting lawful hunting. Violation is a Class B misdemeanor. It is an affirmative defense to prosecution that the defendant's conduct is protected by the right to freedom of speech under the constitution of this state or the United States.


Statute in Full:

 

(a) This section may be cited as the Sportsman's Rights Act.

(b) In this section:

(1) “Wildlife” means all species of wild mammals, birds, fish, reptiles, or amphibians.

(2) “Process of hunting or catching” means any act directed at the lawful hunting or catching of wildlife, including camping or other acts preparatory to hunting or catching of wildlife that occur on land or water on which the affected person has the right or privilege of hunting or catching that wildlife.

(c) No person may intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife.

(d) No person may intentionally harass, drive, or disturb any wildlife for the purpose of disrupting a person lawfully engaged in the process of hunting or catching wildlife.

(e) No person may enter or remain on public land or enter or remain on private land without the landowner's or his agent's consent if the person intends to disrupt another person lawfully engaged in the process of hunting or catching wildlife.

(f) This section does not apply to a peace officer of this state, a law enforcement officer of the United States, a member of the armed forces of the United States or of this state, or employees of the department or other state or federal agencies having statutory responsibility to manage wildlife or land during the time that the officer, member, or employee is in the actual discharge of official duties.

(g) A person who violates this section commits an offense. An offense under this section is a Class B misdemeanor.

(h) It is an affirmative defense to prosecution that the defendant's conduct is protected by the right to freedom of speech under the constitution of this state or the United States.

CREDIT(S)

Added by Acts 1985, 69th Leg., ch. 731, § 1, eff. Aug. 26, 1985. Amended by Acts 1993, 73rd Leg., ch. 700, § 1, eff. Sept. 11, 1993.


 



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