Vasut Bill’s Aircraft Ban Covers ‘Any Other Animal Or Bird’

The text as introduced · 850 words

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.