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HB1379- Game Warden access limits..

2,786 Views | 66 Replies | Last: 37 sec ago by txags92
GSS
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"House Bill 1379 would stop game wardens and Parks and Wildlife peace officers from entering private property without warrants."
Texas Scorecard HB1379

"HB 1379 would allow game wardens to enter private property with owner permission, under probable cause, warrant execution, or while determining an emergency."

The 4th Amendment comes into play, interesting discussion.

Bill text
NRA Life
TSRA Life
redaszag99
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good
tamc93
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While I have not had an encounter nor do I plan to have one, I think this is a reasonable bill. I always thought it strange that GW's could show up on someone's property.
Gunny456
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As a ranch owner for 35 years i never broke any laws or did anything wrong that would make me worry about a GW being able to access my property.
I have instances that I'm glad he could access my property to catch bad guys.
No game warden or TPWD ever abused the right to come on my land… quite to the contrary… I welcomed them.
I would have to ask…. Who would be of most benefit as a landowner to prohibit a GW from coming onto your land without a warrant and looking around?
CactusThomas
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First off, praise the Lord. I sincerely hope this passes. Why do we even have a constitution if warden can cut locks on gates and stick his nose in every cooler that rolls down the highway.

But to your point, you need not worry there is a provision for you to grant warden permission to access your property for whatever reason he thinks he has.
Gunny456
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I'll ask you then Cactus…. Who do you think will find this change very beneficial to them? What type of landowner?
CactusThomas
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The landowner who has committed no crime. The current laws are ripe for abuse.
Gunny456
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Really? Think about it just a bit sir.
And a cooler going down the highway has no bearing on this at all.
CactusThomas
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Any and all sorts of heinous acts have been committed by governments against their people. The constitution is what protects us. Do you feel the FBI deserves similar freedoms as currently warden has? Why not?
Gunny456
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So what about being able to access poaching operations or deer breeder violations that landowners are aware of?
txags92
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CactusThomas said:

Any and all sorts of heinous acts have been committed by governments against their people. The constitution is what protects us. Do you feel the FBI deserves similar freedoms as currently warden has? Why not?
No. The FBI is not charged with protection of a state owned resource that resides on your land. Deer and other game animals on your land belong to the people of the state and the reason game wardens have the right to access your land is to make sure you are not violating laws governing how they can be hunted. How exactly are they supposed to develop probable cause for people hunting without a license or overharvesting game in the middle of a 1000+ acre property if they are not allowed to access the property?
txags92
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Gunny456 said:

So what about being able to access poaching operations or deer breeder violations that landowners are aware of?
Rep Curry has filed a bill that will fix that too. He wants to take away TPWD's deer breeder permit and allow anybody with an 8' or taller fence to be a deer breeder, regulated as an "agricultural activity". Meaning deer behind high fences will officially be livestock, not game animals.
Gunny456
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Under the original Texas wildlife code they were given that forbearance because the wildlife belonged to the state and 95% of that wildlife is on private lands. So, because of that fact they were given that right to ingress.
Totally different than the FBI and people.
Many a wildlife crime has been prosecuted due to that access right.
Gunny456
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Thank you.
TheRealJacob
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Gunny456 said:

As a ranch owner for 35 years i never broke any laws or did anything wrong that would make me worry about a GW being able to access my property.
I have instances that I'm glad he could access my property to catch bad guys.
No game warden or TPWD ever abused the right to come on my land… quite to the contrary… I welcomed them.
I would have to ask…. Who would be of most benefit as a landowner to prohibit a GW from coming onto your land without a warrant and looking around?

I would agree completly, we always invite our game warden on the property when we are hunting. I would want him to be able to access the property when not there because we have had issues with people hunting illegally on the property.
Gunny456
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This was what point I was trying to make. This is a law to prohibit something that is not really being abused imho. I have been ranching basically all my life and landowner of one as well. I have absolutely no knowledge of any rancher I know that has rights abused by a GW.
All this bill will do is impact our fish and wildlife negatively.. and burden an already undermanned enforcement agency.

Gunny456
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That's why I asked the question of who stands to benefit from this law the most….law abiding person or criminal?
Gunny456
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Yes sir.
txags92
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Gunny456 said:

This was what point I was trying to make. This is a law to prohibit something that is not really being abused imho. I have been ranching basically all my life and landowner of one as well. I have absolutely no knowledge of any rancher I know that has rights abused by a GW.
All this will do is impact our fish and wildlife negatively.. and burden an already undermanned enforcement agency.

I would suspect that those with the big dramatic stories of locks being cut and wardens throwing their weight around belligerently either are not being honest with us or themselves about something they did to provoke the behavior or are unaware that something they did provoked it. My experiences with game wardens is that most of them are far more patient and forgiving than I would be in the situations they find themselves dealing with. But if you abuse or try that patience, it can come to an end in a hurry and FAFO gets applied.
Gunny456
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Spot on. I used to do ride-alongs with wardens in our area. They let lots of folks off with just verbal warnings and had lots more patience than I would ever have.
I can give many examples of leasee's or landowners locking their gates so wardens could not get in and knowingly breaking game laws and thinking they were safe cause their gates were locked….. but unless the warden had a tip or had a complaint they would not arbitrarily cut locks to just drive into places.
As my dad used to say ….. "honest folks don't need laws but criminals sure like some of them."
Smeghead4761
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txags92 said:

Gunny456 said:

This was what point I was trying to make. This is a law to prohibit something that is not really being abused imho. I have been ranching basically all my life and landowner of one as well. I have absolutely no knowledge of any rancher I know that has rights abused by a GW.
All this will do is impact our fish and wildlife negatively.. and burden an already undermanned enforcement agency.

I would suspect that those with the big dramatic stories of locks being cut and wardens throwing their weight around belligerently either are not being honest with us or themselves about something they did to provoke the behavior or are unaware that something they did provoked it. My experiences with game wardens is that most of them are far more patient and forgiving than I would be in the situations they find themselves dealing with. But if you abuse or try that patience, it can come to an end in a hurry and FAFO gets applied.
There from other state's, but these cases may have inspired the bill:

https://reason.com/2022/07/28/pennsylvania-poaching-police-warrantlessly-installed-camera-on-private-land-to-surveil-hunting-club/

https://ij.org/ll/trained-to-trespass-louisiana-game-wardens-snoop-around-private-land/
Mas89
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I hope it passes from what I've heard so far, but I have not read it yet. The wardens coming thru or around a locked gate on my property would stop. It has become common for them to interrupt hunts to check hunters. Even had them walk out into a flooded rice field to our blind while we were teal hunting to check liscense and birds. And it has become common for them to drive an atv up to hunters hunting dove in the field, interrupting the hunt.

I've never complained, but imo they should not interrupt hunting on private property regardless if animals or birds. Who wants a warden checking a liscense on your deer stand or duck blind? They can check AFTER the hunt.

ETA that I hope this applies to Federal wardens also. Years ago we had one not in uniform and in an unmarked, regular truck at night on the ranch that we assumed was a copper thief returning again… He has not been back.
CivilEng08
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txags92 said:

Gunny456 said:

So what about being able to access poaching operations or deer breeder violations that landowners are aware of?
Rep Curry has filed a bill that will fix that too. He wants to take away TPWD's deer breeder permit and allow anybody with an 8' or taller fence to be a deer breeder, regulated as an "agricultural activity". Meaning deer behind high fences will officially be livestock, not game animals.

Which one is this one?
SockDePot
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I have mixed feelings about this.

1) I don't think anyone should be able to enter private property without permission. Especially a governmental agency looking to punish you for something you may
Or may not have done. I'm all about limiting govt power.

2) As mentioned previously many many times, the people who are committing crimes are the ones who will benefit the most here, imo greatly outweigh the inconvenience of an entry and search without a warrant. Example: few years ago, game warden showed up on opening weekend at owned property . He had to go through 2 gates without permission. We had harvested 2 deer, which were in various stages of dressing. He immediately said "well, it's not why I'm here, but because I am here, need to check out your tags and licenses. But finish what you're doing, don't rush or stop." He then proceeded to tell us he had caught some guys poaching / road hunting right outside the property and suspected that they had probably entered the property at some point. Suggested that we should put some cameras on the gates if we could and it would help and/or prevent future prosecutions, and to let us know that he would probably be coming by from time to time to check on poachers. We finished with the deer, cleaned up, he checked tags and licenses, and was on his way. He thanked us for having licenses and tagging our deer properly. I fail to see how any of this is somehow impinging upon rights as an American or land owner. Again, I am a HUGE proponent of warrants, limits on govt powers, preventing illegal search and seizures. I just can't see why anyone would be against a game warden entering a property. And before anyone says it, it's always been this way, it's not a slippery slope to no warrants and martial law.
txags92
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CivilEng08 said:

txags92 said:

Gunny456 said:

So what about being able to access poaching operations or deer breeder violations that landowners are aware of?
Rep Curry has filed a bill that will fix that too. He wants to take away TPWD's deer breeder permit and allow anybody with an 8' or taller fence to be a deer breeder, regulated as an "agricultural activity". Meaning deer behind high fences will officially be livestock, not game animals.

Which one is this one?
HB 3607
Deerdude
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The old GWs in Webb county were lifers there, part of the community, and just good folks. They are all gone now. Webb county is a tough place for the new GWs families to assimilate, thus we have a revolving door . The current guys are great, but the previous one was horrible.
I'll always welcome them any time, to look around. We are on some kind of migration path for anyone coming from Mx, and they are patrolling that as well.
Back in the day we offered them a bed, a meal, a tank of fuel for coming way out to us. I still would.

Edit to add one situation I have found myself in. There are some dipsheets in the family that like to bait for Duck and Dove. I don't. So following week after they been there, I go to my favorite water hole or dove field to hunt. I know that there is a possibility of bait still on the ground. To steer clear of these areas pretty much eliminates any hunting on my part.

Also on baiting, as I understand the law hunting on any property with corn feeders is considered baiting. I do have feeders within 1/4 mile of my favorite field and stock tank. I always run Milo along with corn in feeders year round to help out Quail. As I understand it that is illegal, but a dumb law. Previous GW, that wrecked his state truck while FUI, is no longer there but would have thrown the book at me. Current ones I think would use come common sense. Maybe not, I think they looking for a transfer out of here.
Burdizzo
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Gunny456 said:

That's why I asked the question of who stands to benefit from this law the most….law abiding person or criminal?


Butthurt deer breeders stand to benefit. That's who.

If you want to move deer to an agricultural operation, that's fine. Just do similar permit processes to operations like poultry and dairy, and give the TDA / USDA full access to come inspect your ranch and give you a permit to breed deer.
GentrysMillTX10
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I've been deer hunting in Texas for 35 years on private land. I have NEVER been checked in the field. Only been checked at deer processors. I can count on one hand the amount of times I've seen them drive by the property where I was hunting. I've called and reported suspicious activity 15-20 times.

I don't see an issue with the way things are now
Capt. Augustus McCrae
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Limiting government is never a bad thing. The "I've never had anybody do anything to me, so I don't see a problem with it" crowd just haven't added "yet" to their sentence.

What's wrong with getting a warrant? If you invite them onto your property to see something suspicious, they don't need a warrant. Otherwise, the 4th amendment protects you from this exact behavior.
txags92
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Capt. Augustus McCrae said:

Limiting government is never a bad thing. The "I've never had anybody do anything to me, so I don't see a problem with it" crowd just haven't added "yet" to their sentence.

What's wrong with getting a warrant? If you invite them onto your property to see something suspicious, they don't need a warrant. Otherwise, the 4th amendment protects you from this exact behavior.
How do you get a warrant with probable cause to prove that somebody is hunting out of season and killing dozens of deer beyond their bag limits on a 3,000 acre property where you can't see their camphouse or processing area from the road? How do you get a warrant with probable cause that people are hunting dove over a baited field without being able to go look for bait in the field?
INIGO MONTOYA
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I have not heard of one instance of game warden abuse - maybe some inconveniences. I've had them check licenses while hunting - and frankly I was glad they were out there doing their job. If you want to protect certain things - you may have to give up some freedoms to do so. This would hurt law abiding citizens and help those that are not.
Diamond Dogs
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If the warden has probable cause to investigate any poaching operation then getting a warrant, regardless of landowner's knowledge or permission, should be easy and justifiable.
BQ92
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Bottom line: this is not about solving an active issue. Instead this is leveraging fear to attract votes for unrelated items.
Capt. Augustus McCrae
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txags92 said:

Capt. Augustus McCrae said:

Limiting government is never a bad thing. The "I've never had anybody do anything to me, so I don't see a problem with it" crowd just haven't added "yet" to their sentence.

What's wrong with getting a warrant? If you invite them onto your property to see something suspicious, they don't need a warrant. Otherwise, the 4th amendment protects you from this exact behavior.
How do you get a warrant with probable cause to prove that somebody is hunting out of season and killing dozens of deer beyond their bag limits on a 3,000 acre property where you can't see their camphouse or processing area from the road? How do you get a warrant with probable cause that people are hunting dove over a baited field without being able to go look for bait in the field?


How do you get a warrant for anything? Do an investigation, gather evidence, interview witnesses and get a warrant. That's how.
drmwvr
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I would imagine the use of drones will increase if this passes.
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