Texas Parks and Wildlife Code 62.0125

Harassment of Hunters, Trappers, and Fishermen

The full text of Texas Parks and Wildlife Code Section 62.0125 is provided below.

Full Text of Texas Parks and Wildlife Code 62.0125

Sec. 62.0125. HARASSMENT OF HUNTERS, TRAPPERS, AND FISHERMEN.
 (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.
 Added by Acts 1985, 69th Leg., ch. 731, Sec. 1, eff. Aug. 26, 1985.
 Amended by Acts 1993, 73rd Leg., ch. 700, Sec. 1, eff. Sept. 11,
 1993.
            

Research and Analysis

Texas Parks and Wildlife Code Section 62.0125 is noteworthy for several reasons. It provides robust protections for individuals lawfully engaged in hunting, trapping, or fishing by criminalizing intentional interference or harassment. However, certain aspects of the statute stand out and warrant further analysis:

Overall, while this law seeks to protect hunters, trappers, and fishermen, its exemptions and unique legal structure make it a fascinating study in the balance between individual rights and enforcement powers.

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