Article I, Section 34 of the Texas Constitution ("Right to Hunt, Fish, and Harvest Wildlife")
Added November 3, 2015:
(a) The people have the right to hunt, fish, and harvest wildlife, including by the use of traditional methods, subject to laws or regulations to conserve and manage wildlife and preserve the future of hunting and fishing.
(b) Hunting and fishing are preferred methods of managing and controlling wildlife.
(c) This section does not affect any provision of law relating to trespass, property rights, or eminent domain.
(d) This section does not affect the power of the Legislature to authorize a municipality to regulate the discharge of a weapon in a populated area in the interest of public safety.
Editor Comments
This section creates a limited constitutional right to hunt, fish, and harvest wildlife in the state.
More than twenty other states have adopted similar constitutional provisions since 1995.
Nonetheless, both the substance and enforceability of the new Texas right are rather unclear.
Recent Decisions
None.
Historic Decisions
None.
Library Resources
- Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)
- The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)
- The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)
Online Resources
- Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)
- Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)
- Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)