Article I, Section 34 of the Texas Constitution ("Right to Hunt, Fish, and Harvest Wildlife")

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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.

Attorney Steve Smith

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