S.B. No. 329
AN ACT
1-1 relating to the management of certain wildlife or exotic animals
1-2 from aircraft; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading of Subchapter G, Chapter 43, Parks
1-5 and Wildlife Code, is amended to read as follows:
1-6 SUBCHAPTER G. PERMITS TO <CONTROL DEPREDATING ANIMALS
1-7 AND TO> MANAGE WILDLIFE AND EXOTIC ANIMALS FROM AIRCRAFT
1-8 SECTION 2. Sec. 43.102, Parks and Wildlife Code, is amended
1-9 to read as follows:
1-10 Sec. 43.102. Permit Authorized. Under Public Law 92-159,
1-11 Section (b)(1) (85 Stat. 480, 16 U.S.C. 742j-1), the department may
1-12 issue permits for the <control of depredating animals or the>
1-13 management of wildlife and exotic animals by the use of aircraft in
1-14 this state.
1-15 SECTION 3. Section 43.103, Parks and Wildlife Code, is
1-16 amended to read as follows:
1-17 Sec. 43.103. Definitions. In this subchapter:
1-18 (1) "Aircraft" means a mechanical or other device used
1-19 for flight in the air.
1-20 (2) "Depredating animals" means bobcats, feral hogs,
1-21 red foxes, <exotic animals,> coyotes, and crossbreeds between
1-22 coyotes and dogs but does not include birds or fowl.
1-23 (3) "Exotic animals" includes exotic livestock and
1-24 exotic fowl <animals> as defined by Section 161.001(a), Agriculture
2-1 Code <62.015 of this code> and wild animals that are nonindigenous
2-2 to Texas <that are defined by Section 12.601 of this code>.
2-3 (4) "Harass" means to disturb, worry, molest, harry,
2-4 torment, rally, concentrate, drive, or herd.
2-5 (5) "Management <Manage> by the use of aircraft" means
2-6 counting, photographing, relocating, capturing, or hunting <to
2-7 count, photograph, relocate, or capture> by the use of aircraft.
2-8 (6) "Wildlife" means any vertebrate species or their
2-9 hybrids that normally live in a state of nature and are not
2-10 ordinarily domesticated. This definition includes depredating
2-11 animals <other than a domesticated animal>.
2-12 SECTION 4. Section 43.104, Parks and Wildlife Code, is
2-13 amended to read as follows:
2-14 Sec. 43.104. Grounds to Issue Permit. <(a)> The department
2-15 may issue a permit to any person if the department finds that
2-16 management of wildlife or exotic animals <control of depredating
2-17 animals> by the use of aircraft is necessary to protect or to aid
2-18 in the administration or protection of land, water, wildlife,
2-19 livestock, domesticated animals, human life, or crops<.>
2-20 <(b) The department may issue a permit to a person
2-21 authorizing the use of an aircraft to manage wildlife if the
2-22 department finds that the use of an aircraft will aid in the
2-23 management of wildlife> and will not have a deleterious effect on
2-24 indigenous species.
2-25 SECTION 5. Section 43.105, Parks and Wildlife Code, is
2-26 amended to read as follows:
2-27 Sec. 43.105. Application for Permit. (a) An applicant for
3-1 a permit under this subchapter shall file with the application one
3-2 or more affidavits, containing facts as well as opinion, as to why
3-3 the permit should be issued for <the control of depredating animals
3-4 or> the management of wildlife or exotic animals by the use of
3-5 aircraft.
3-6 (b) A permit holder under this subchapter <An applicant for
3-7 a permit to control depredating animals from an aircraft must
3-8 submit an application containing the landowner's authorization to
3-9 control depredating animals to the department for each land holding
3-10 stating the kind and number of depredating animals to be
3-11 controlled.>
3-12 <(c) An applicant for a permit to manage wildlife from an
3-13 aircraft> must submit a <an application containing the> landowner's
3-14 authorization to manage wildlife or exotic animals to the
3-15 department identifying the land to be managed and <for each land
3-16 holding> stating the kind and number of wildlife or exotic animals
3-17 to be managed. The landowner's authorization may be submitted by a
3-18 group of landowners or by an association on behalf of such
3-19 landowners.
3-20 SECTION 6. Section 43.106, Parks and Wildlife Code, is
3-21 amended to read as follows:
3-22 Sec. 43.106. Form and Period of Validity of Permit; Renewal.
3-23 (a) The department shall prescribe the form and manner of issuance
3-24 of, and periods of validity and renewal dates for, permits and
3-25 landowner's authorizations authorized by this subchapter.
3-26 (b) A landowner agreement application to manage wildlife or
3-27 exotic animals may be approved by the department for the time
4-1 period required to complete the management activity but not for
4-2 less than one year <The department may issue a permit to control
4-3 depredating animals for a period not to exceed one year and may
4-4 renew a permit on a showing that the renewal is necessary.>
4-5 <(c) The department may issue a permit to manage wildlife
4-6 for a period not to exceed one year and may renew the permit on a
4-7 showing that the renewal is necessary.>
4-8 <(d) A landowner agreement application to manage wildlife
4-9 may only be approved by the department on a case-by-case basis for
4-10 the time period required to complete the management activity and
4-11 under no circumstances to exceed 14 days>.
4-12 SECTION 7. Section 43.107, Parks and Wildlife Code, is
4-13 amended to read as follows:
4-14 Sec. 43.107. REPORTS REQUIRED. (a) The holder of a permit
4-15 under this subchapter shall report to <file with> the department in
4-16 the time and manner required by commission proclamation <within 30
4-17 days following the end of each calendar quarter or on termination
4-18 of the permit, whichever occurs first, a report showing:>
4-19 <(1) the name and address of the permit holder;>
4-20 <(2) the number and a description of the depredating
4-21 animals taken under the permit, and the number and description of
4-22 the depredating animals authorized to be taken under the permit, or
4-23 the number and description of wildlife captured or managed;>
4-24 <(3) a description of the area to which the permit is
4-25 applicable;>
4-26 <(4) dates of flights taken for the control of
4-27 depredating animals or for the management of wildlife; and>
5-1 <(5) any other relevant information the department may
5-2 require>.
5-3 (b) An offense under this section may be prosecuted in the
5-4 county in which the defendant resides or in the county where the
5-5 offense took place.
5-6 SECTION 8. Section 43.109, Parks and Wildlife Code, is
5-7 amended to read as follows:
5-8 Sec. 43.109. Regulations. (a) The commission may make
5-9 regulations governing <control of depredating animals and>
5-10 management of wildlife or exotic animals by the use of aircraft
5-11 under this subchapter.
5-12 (b) A proclamation or regulation of the commission adopted
5-13 under this subchapter may:
5-14 (1) prescribe forms and procedures for permit
5-15 applications;
5-16 (2) establish procedures for the management of
5-17 <controlling depredating animals or managing> wildlife or exotic
5-18 animals by the use of aircraft;
5-19 (3) limit the time and the place for which a permit is
5-20 valid;
5-21 (4) prohibit acts; and
5-22 (5) require, limit, or prohibit any activity as
5-23 necessary to implement this subchapter.
5-24 SECTION 9. Section 43.1095, Parks and Wildlife Code, is
5-25 amended to read as follows:
5-26 Sec. 43.1095. Prohibited Acts. (a) For purposes of this
5-27 subchapter, a person commits an offense if that person:
6-1 (1) hunts or kills, or attempts to hunt or kill, from
6-2 an aircraft any animal or bird that is not specifically authorized
6-3 by a permit issued under this subchapter;
6-4 (2) <possesses a firearm or any other device capable
6-5 of killing or wounding an animal or bird other than a device
6-6 specifically authorized by the permit while operating under a
6-7 permit issued to manage wildlife by use of aircraft;>
6-8 <(3) uses an aircraft to hunt or kill animals defined
6-9 as depredating animals without first obtaining and having in his
6-10 immediate possession a valid permit to control depredating animals
6-11 by the use of aircraft;>
6-12 <(4)> uses an aircraft to manage wildlife or exotic
6-13 animals without first obtaining and having in the person's <his>
6-14 immediate possession a <valid> permit and a landowner's
6-15 authorization for the management of <to manage> wildlife or exotic
6-16 animals by the use of aircraft; or
6-17 (3) <(5)> uses an aircraft to harass wildlife, exotic
6-18 animals, or any other animal or bird.
6-19 (b) It is a defense to prosecution for harassment of
6-20 wildlife or exotic animals under this section if the person is
6-21 engaged in the activity of counting, photographing, relocating,
6-22 <or> capturing, or hunting wildlife or exotic animals under the
6-23 authority of a permit under this subchapter <to manage wildlife by
6-24 the use of aircraft>.
6-25 (c) Nothing in this chapter <section> authorizes a person to
6-26 hunt any animal or bird from an aircraft for sport <conduct
6-27 activities under a depredating animal control permit and a wildlife
7-1 management permit simultaneously>.
7-2 SECTION 10. Section 43.110, Parks and Wildlife Code, is
7-3 amended to read as follows:
7-4 Sec. 43.110. PERMIT FEE. The commission shall set a fee for
7-5 a permit that authorizes <the taking of depredating animals or> the
7-6 management of wildlife or exotic animals by the use of aircraft.
7-7 SECTION 11. Section 43.111, Parks and Wildlife Code, is
7-8 amended to read as follows:
7-9 Sec. 43.111. PENALTY. (a) Except as otherwise provided by
7-10 this section, a <A> person who violates any provision of this
7-11 subchapter or a proclamation or regulation adopted under this
7-12 subchapter commits an offense that is a Class A Parks and Wildlife
7-13 Code misdemeanor.
7-14 (b) A person who violates Section 43.107 commits an offense
7-15 that is a Class C Parks and Wildlife Code misdemeanor.
7-16 (c) If it is shown at the trial of the defendant for a
7-17 violation of this subchapter or a proclamation or regulation
7-18 adopted under this subchapter that the defendant has been convicted
7-19 of a Class A Parks and Wildlife Code misdemeanor violation of this
7-20 subchapter within 10 years preceding the trial date, on conviction
7-21 the defendant shall be punished for a Parks and Wildlife Code
7-22 felony. This subsection does not apply if the previous conviction
7-23 was for a violation of Section 43.107.
7-24 SECTION 12. Subsections (a), (d), (e), (f), and (g), Section
7-25 62.015, Parks and Wildlife Code, are amended to read as follows:
7-26 (a) In this section, "exotic animal" means exotic livestock
7-27 or exotic fowl as defined by Section 161.001(a), Agriculture Code
8-1 <axis deer, fallow deer, blackbuck antelope, sika deer, aoudad
8-2 sheep, mouflon sheep, barbado sheep, European red deer, Corsican
8-3 sheep, four-horned sheep, sambar deer, eland antelope, sable
8-4 antelope, white-tailed gnu, impala, greater kudu, blesbok, gazelle,
8-5 oryx, guanaco, llama, thar, nilgai antelope, or ibex>.
8-6 (d) Except as provided in Subsections (e) and (f) of this
8-7 section, no person may possess an exotic animal or the carcass of
8-8 an exotic animal.
8-9 (e) Subsection (d) of this section does not apply to the
8-10 owner or employee of the owner of the exotic animal, a person who
8-11 holds a permit for the management of wildlife or exotic animals by
8-12 the use of <to control depredating animals from an> aircraft under
8-13 Subchapter G, Chapter 43, of this code, a public health officer, a
8-14 law enforcement officer, or a veterinarian.
8-15 (f) It is an affirmative defense to a prosecution under
8-16 Subsection (d) of this section that the person possessed the exotic
8-17 animal or the carcass of the exotic animal with the knowledge and
8-18 consent of the owner.
8-19 (g) A person who violates this section commits an offense
8-20 that is a Class A Parks and Wildlife Code misdemeanor <is guilty of
8-21 a misdemeanor and on conviction is punishable by a fine of not more
8-22 than $1,500 or confinement in jail for not more than six months or
8-23 both>.
8-24 SECTION 13. (a) The change in law made by this Act applies
8-25 only to an offense committed on or after the effective date of this
8-26 Act. For purposes of this section, an offense occurs before the
8-27 effective date of this Act if any element of the offense occurs
9-1 before that date.
9-2 (b) An offense committed before the effective date of this
9-3 Act is governed by the law in effect when the offense was
9-4 committed, and the former law is continued in effect for that
9-5 purpose.
9-6 SECTION 14. This Act takes effect September 1, 1995.
9-7 SECTION 15. The importance of this legislation and the
9-8 crowded condition of the calendars in both houses create an
9-9 emergency and an imperative public necessity that the
9-10 constitutional rule requiring bills to be read on three several
9-11 days in each house be suspended, and this rule is hereby suspended.