89R8118 BEE-F
By: Vasut H.B. No. 4867
A BILL TO BE ENTITLED
AN ACT
relating to the management of wildlife and exotic animals from
aircraft; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.103, Parks and Wildlife Code, is
amended by amending Subdivisions (1), (2), and (5) and adding
Subdivisions (4-a) and (4-b) to read as follows:
(1) "Aircraft" means a mechanical or other device used
for flight in the air. The term includes an unmanned aircraft.
(2) "Depredating animals" means bobcats, feral hogs,
red foxes, coyotes, and crossbreeds between coyotes and dogs. The
term [but] does not include mountain lions or birds or fowl.
(4-a) "Hunt by use of aircraft" means to:
(A) shoot or kill or to attempt to shoot or kill
wildlife or an exotic animal from an airborne aircraft; or
(B) take or to attempt to take wildlife or an
exotic animal while on the ground with the aid of an aircraft.
(4-b) "Hunt for sport" means to hunt for a purpose other
than to protect or to aid in the administration or protection of
land, water, wildlife, livestock, domesticated animals, crops, or
human life.
(5) "Manage [Management by the use of aircraft]"
means, with respect to an aircraft, to count, relocate, capture, or
hunt [counting, photographing, relocating, capturing, or hunting]
by the use of an aircraft.
SECTION 2. Sections 43.1095(a) and (b), Parks and Wildlife
Code, are amended to read as follows:
(a) For purposes of this subchapter, a person commits an
offense if that person:
(1) hunts by use of [or kills, or attempts to hunt or
kill, from an] aircraft any animal or bird that is not specifically
authorized by a permit issued under this subchapter;
(2) uses an aircraft to manage wildlife or exotic
animals without first obtaining:
(A) [and having in the person's immediate
possession] a permit; and
(B) a landowner's authorization for the
management of wildlife or exotic animals by the use of aircraft;
[or]
(3) uses an aircraft to manage wildlife or exotic
animals without having in the person's immediate possession:
(A) a permit; and
(B) a landowner's authorization for the
management of wildlife or exotic animals by the use of aircraft;
(4) submits to the department a landowner's
authorization for the management of wildlife or exotic animals by
the use of aircraft that contains inaccurate information;
(5) uses an aircraft to harass wildlife, exotic
animals, or any other animal or bird; or
(6) uses an aircraft to hunt for sport.
(b) It is a defense to prosecution for harassment of
wildlife or exotic animals under this section if the person is
engaged in the activity of counting, [photographing,] relocating,
capturing, or hunting wildlife or exotic animals under the
authority of a permit under this subchapter.
SECTION 3. Section 43.111, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.111. PENALTY. (a) Except as otherwise provided by
this section, a person who violates any provision of this
subchapter or a proclamation or regulation adopted under this
subchapter commits an offense that is a Class C [A] Parks and
Wildlife Code misdemeanor.
(b) A person who takes wildlife or an exotic animal in
violation of any provision of this subchapter or a proclamation or
regulation adopted under this subchapter [who violates Section
43.107] commits an offense that is a Class A [C] Parks and Wildlife
Code misdemeanor.
(c) If it is shown at the trial of the defendant for a
violation of this subchapter or a proclamation or regulation
adopted under this subchapter that the defendant has been convicted
of an offense under this section for a [Class A Parks and Wildlife
Code misdemeanor] violation of this subchapter, other than a
violation of Section 43.107, within 10 years preceding the trial
date, on conviction the defendant shall be punished for:
(1) a Class A Parks and Wildlife Code misdemeanor, if
the previous conviction was punishable as a Class C Parks and
Wildlife Code misdemeanor; or
(2) a Parks and Wildlife Code felony,[. This
subsection does not apply] if the previous conviction was
punishable as a Class A Parks and Wildlife Code misdemeanor or a
Parks and Wildlife Code felony [for a violation of Section 43.107].
SECTION 4. Section 43.1076, Parks and Wildlife Code, is
repealed.
SECTION 5. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 6. This Act takes effect September 1, 2025.