HB4867 - Relating to the management of wildlife and exotic animals from aircraft; creating a criminal offense.

  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.