Texas 2025 - 89th Regular

Texas House Bill HB4867 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8118 BEE-F
2	2	By: Vasut H.B. No. 4867
3	3
4	4
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the management of wildlife and exotic animals from
10	10	aircraft; creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 43.103, Parks and Wildlife Code, is
13	13	amended by amending Subdivisions (1), (2), and (5) and adding
14	14	Subdivisions (4-a) and (4-b) to read as follows:
15	15	(1) "Aircraft" means a mechanical or other device used
16	16	for flight in the air. The term includes an unmanned aircraft.
17	17	(2) "Depredating animals" means bobcats, feral hogs,
18	18	red foxes, coyotes, and crossbreeds between coyotes and dogs. The
19	19	term [but] does not include mountain lions or birds or fowl.
20	20	(4-a) "Hunt by use of aircraft" means to:
21	21	(A) shoot or kill or to attempt to shoot or kill
22	22	wildlife or an exotic animal from an airborne aircraft; or
23	23	(B) take or to attempt to take wildlife or an
24	24	exotic animal while on the ground with the aid of an aircraft.
25	25	(4-b) "Hunt for sport" means to hunt for a purpose other
26	26	than to protect or to aid in the administration or protection of
27	27	land, water, wildlife, livestock, domesticated animals, crops, or
28	28	human life.
29	29	(5) "Manage [Management by the use of aircraft]"
30	30	means, with respect to an aircraft, to count, relocate, capture, or
31	31	hunt [counting, photographing, relocating, capturing, or hunting]
32	32	by the use of an aircraft.
33	33	SECTION 2. Sections 43.1095(a) and (b), Parks and Wildlife
34	34	Code, are amended to read as follows:
35	35	(a) For purposes of this subchapter, a person commits an
36	36	offense if that person:
37	37	(1) hunts by use of [or kills, or attempts to hunt or
38	38	kill, from an] aircraft any animal or bird that is not specifically
39	39	authorized by a permit issued under this subchapter;
40	40	(2) uses an aircraft to manage wildlife or exotic
41	41	animals without first obtaining:
42	42	(A) [and having in the person's immediate
43	43	possession] a permit; and
44	44	(B) a landowner's authorization for the
45	45	management of wildlife or exotic animals by the use of aircraft;
46	46	[or]
47	47	(3) uses an aircraft to manage wildlife or exotic
48	48	animals without having in the person's immediate possession:
49	49	(A) a permit; and
50	50	(B) a landowner's authorization for the
51	51	management of wildlife or exotic animals by the use of aircraft;
52	52	(4) submits to the department a landowner's
53	53	authorization for the management of wildlife or exotic animals by
54	54	the use of aircraft that contains inaccurate information;
55	55	(5) uses an aircraft to harass wildlife, exotic
56	56	animals, or any other animal or bird; or
57	57	(6) uses an aircraft to hunt for sport.
58	58	(b) It is a defense to prosecution for harassment of
59	59	wildlife or exotic animals under this section if the person is
60	60	engaged in the activity of counting, [photographing,] relocating,
61	61	capturing, or hunting wildlife or exotic animals under the
62	62	authority of a permit under this subchapter.
63	63	SECTION 3. Section 43.111, Parks and Wildlife Code, is
64	64	amended to read as follows:
65	65	Sec. 43.111. PENALTY. (a) Except as otherwise provided by
66	66	this section, a person who violates any provision of this
67	67	subchapter or a proclamation or regulation adopted under this
68	68	subchapter commits an offense that is a Class C [A] Parks and
69	69	Wildlife Code misdemeanor.
70	70	(b) A person who takes wildlife or an exotic animal in
71	71	violation of any provision of this subchapter or a proclamation or
72	72	regulation adopted under this subchapter [who violates Section
73	73	43.107] commits an offense that is a Class A [C] Parks and Wildlife
74	74	Code misdemeanor.
75	75	(c) If it is shown at the trial of the defendant for a
76	76	violation of this subchapter or a proclamation or regulation
77	77	adopted under this subchapter that the defendant has been convicted
78	78	of an offense under this section for a [Class A Parks and Wildlife
79	79	Code misdemeanor] violation of this subchapter, other than a
80	80	violation of Section 43.107, within 10 years preceding the trial
81	81	date, on conviction the defendant shall be punished for:
82	82	(1) a Class A Parks and Wildlife Code misdemeanor, if
83	83	the previous conviction was punishable as a Class C Parks and
84	84	Wildlife Code misdemeanor; or
85	85	(2) a Parks and Wildlife Code felony,[. This
86	86	subsection does not apply] if the previous conviction was
87	87	punishable as a Class A Parks and Wildlife Code misdemeanor or a
88	88	Parks and Wildlife Code felony [for a violation of Section 43.107].
89	89	SECTION 4. Section 43.1076, Parks and Wildlife Code, is
90	90	repealed.
91	91	SECTION 5. The changes in law made by this Act apply only to
92	92	an offense committed on or after the effective date of this Act. An
93	93	offense committed before the effective date of this Act is governed
94	94	by the law in effect on the date the offense was committed, and the
95	95	former law is continued in effect for that purpose. For purposes of
96	96	this section, an offense was committed before the effective date of
97	97	this Act if any element of the offense was committed before that
98	98	date.
99	99	SECTION 6. This Act takes effect September 1, 2025.