There are several laws that "may" apply. You will get 100 different interpretations of laws that may or may not apply depending on what herper or law enforcement officer you speak with. That is the main problem in my opinion of laws regarding road cruising in Texas.
I have written to Texas Parks and Wildlife for their interpretation of illegal road cruising. The letter I received back included more gray area than black and white. In a nutshell, the head of TP&WL law enforcement wrote that road cruising for snakes in and of itself is illegal. HOWEVER, according to the letter, (in so many words) if one were to see a snake, pull safely to the side of the road, WALK back and pick it up, it would be OK. Keep in mind; this is how I interpreted it. This is what I have always done anyway. Stopping in the middle of a public roadway violates Texas Traffic Codes anyway, not Parks and Wildlife code. So any Texas peace officer, Warden, Deputy, etc. can issue a citation. Also, contrary to what some may tell you, Game Wardens are considered peace officers in the State of Texas. This means that they can enforce any TP&WL code, Texas Traffic Code, or Texas Penal Code law. Some other things to consider: Spot lighting from a vehicle on a public roadway is illegal, failure to dim head lights is illegal, hunting snakes without a hunting license is illegal (be sure to look up the definition of hunting in the TP&WL code). Some non-game regulations also apply if you plan to sell or collect significant numbers. There are several other laws that may apply in given situation.
The problem with discussing this issue is that almost every person on an internet forum 8 years old to 80 years old; if he/she has posted more than twice becomes an expert on all things or an internet attorney. This being said; the above statements are my interpretations and are not meant as legal advice. I’ve been herping in Texas pretty much all my life and have never had a problem with a Game Warden. In fact, one of my best friends is a Texas Game Warden.
Get your hunting license, say within the law, be glad you’re moving to Texas and enjoy the wide variety of herps in our wonderful state.
I've included the link to the TP&WL code for your reading pleasure, if you're interested.
Respectfully,
Jason Penney
Texas Parks and Wildlife Code
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Snakes of Hudspeth County, Texas