1-1 By: Sims S.B. No. 329
1-2 (In the Senate - Filed January 25, 1995; January 26, 1995,
1-3 read first time and referred to Committee on Natural Resources;
1-4 February 7, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 9, Nays 0; February 7, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 Amend S.B. No. 329 as follows:
1-8 (1) Delete Subsection (b) in Section 5 of S.B. No. 329 and
1-9 substitute the following:
1-10 SECTION 5. Section 43.105, Parks and Wildlife Code, is
1-11 amended to read as follows:
1-12 (b) A permit holder under this subchapter <An applicant for
1-13 a permit to control depredating animals from an aircraft must
1-14 submit an application containing the landowner's authorization to
1-15 control depredating animals to the department for each land holding
1-16 stating the kind and number of depredating animals to be
1-17 controlled.>
1-18 <(c) An applicant for a permit to manage wildlife from an
1-19 aircraft> must submit a <an application containing the> landowner's
1-20 authorization to manage wildlife or exotic animals to the
1-21 department identifying the land to be managed and <for each land
1-22 holding> stating the kind and number of wildlife or exotic animals
1-23 to be managed. The landowner's authorization may be submitted by a
1-24 group of landowners or by an association on behalf of such
1-25 landowners.
1-26 (2) Amend Subsection (b) in Section 6 of S.B. No. 329 by
1-27 adding the following sentence after the "(b)":
1-28 A landowner agreement application to manage wildlife may be
1-29 approved by the department for the time period required to complete
1-30 the management activity but not for less than one year.
1-31 (3) Delete Section 10 of S.B. No. 329 and substitute the
1-32 following:
1-33 SECTION 10. Section 43.110, Parks and Wildlife Code, is
1-34 amended to read as follows:
1-35 Sec. 43.110. PERMIT FEE. The <commission shall set a> fee
1-36 for a permit that authorizes <the taking of depredating animals or>
1-37 the management of wildlife or exotic animals by the use of aircraft
1-38 is $200 or an amount set by the commission not to exceed $200.
1-39 A BILL TO BE ENTITLED
1-40 AN ACT
1-41 relating to the management of certain wildlife or exotic animals
1-42 from aircraft; providing penalties.
1-43 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-44 SECTION 1. The heading of Subchapter G, Chapter 43, Parks
1-45 and Wildlife Code, is amended to read as follows:
1-46 SUBCHAPTER G. PERMITS TO <CONTROL DEPREDATING ANIMALS
1-47 AND TO> MANAGE WILDLIFE AND EXOTIC ANIMALS FROM AIRCRAFT
1-48 SECTION 2. Sec. 43.102, Parks and Wildlife Code, is amended
1-49 to read as follows:
1-50 Sec. 43.102. Permit Authorized. Under Public Law 92-159,
1-51 Section (b)(1) (85 Stat. 480, 16 U.S.C. 742j-1), the department may
1-52 issue permits for the <control of depredating animals or the>
1-53 management of wildlife and exotic animals by the use of aircraft in
1-54 this state.
1-55 SECTION 3. Section 43.103, Parks and Wildlife Code, is
1-56 amended to read as follows:
1-57 Sec. 43.103. Definitions. In this subchapter:
1-58 (1) "Aircraft" means a mechanical or other device used
1-59 for flight in the air.
1-60 (2) "Depredating animals" means bobcats, feral hogs,
1-61 red foxes, <exotic animals,> coyotes, and crossbreeds between
1-62 coyotes and dogs but does not include birds or fowl.
1-63 (3) "Exotic animals" includes exotic livestock and
1-64 exotic fowl <animals> as defined by Section 161.001(a), Agriculture
1-65 Code <62.015 of this code> and wild animals that are nonindigenous
1-66 to Texas <that are defined by Section 12.601 of this code>.
1-67 (4) "Harass" means to disturb, worry, molest, harry,
1-68 torment, rally, concentrate, drive, or herd.
2-1 (5) "Management <Manage> by the use of aircraft" means
2-2 counting, photographing, relocating, capturing, or hunting <to
2-3 count, photograph, relocate, or capture> by the use of aircraft.
2-4 (6) "Wildlife" means any vertebrate species or their
2-5 hybrids that normally live in a state of nature and are not
2-6 ordinarily domesticated. This definition includes depredating
2-7 animals <other than a domesticated animal>.
2-8 SECTION 4. Section 43.104, Parks and Wildlife Code, is
2-9 amended to read as follows:
2-10 Sec. 43.104. Grounds to Issue Permit. <(a)> The department
2-11 may issue a permit to any person if the department finds that
2-12 management of wildlife or exotic animals <control of depredating
2-13 animals> by the use of aircraft is necessary to protect or to aid
2-14 in the administration or protection of land, water, wildlife,
2-15 livestock, domesticated animals, human life, or crops<.>
2-16 <(b) The department may issue a permit to a person
2-17 authorizing the use of an aircraft to manage wildlife if the
2-18 department finds that the use of an aircraft will aid in the
2-19 management of wildlife> and will not have a deleterious effect on
2-20 indigenous species.
2-21 SECTION 5. Section 43.105, Parks and Wildlife Code, is
2-22 amended to read as follows:
2-23 Sec. 43.105. Application for Permit. (a) An applicant for a
2-24 permit under this subchapter shall file with the application one or
2-25 more affidavits, containing facts as well as opinion, as to why the
2-26 permit should be issued for <the control of depredating animals or>
2-27 the management of wildlife or exotic animals by the use of
2-28 aircraft.
2-29 (b) <An applicant for a permit to control depredating
2-30 animals from an aircraft must submit an application containing the
2-31 landowner's authorization to control depredating animals to the
2-32 department for each land holding stating the kind and number of
2-33 depredating animals to be controlled.>
2-34 <(c)> An applicant for a permit under this subchapter <to
2-35 manage wildlife from an aircraft> must submit an application
2-36 containing the landowner's authorization to manage wildlife or
2-37 exotic animals to the department for each land holding stating the
2-38 kind and number of wildlife or exotic animals to be managed.
2-39 SECTION 6. Section 43.106, Parks and Wildlife Code, is
2-40 amended to read as follows:
2-41 Sec. 43.106. Form and Period of Validity of Permit; Renewal.
2-42 (a) The department shall prescribe the form and manner of issuance
2-43 of, and periods of validity and renewal dates for, permits and
2-44 landowner's authorizations authorized by this subchapter.
2-45 (b) A landowner's authorization for the management of
2-46 wildlife or exotic animals by the use of aircraft in which
2-47 permission to hunt wildlife or exotic animals is sought may be
2-48 approved only for hunting depredating animals or exotic animals.
2-49 <The department may issue a permit to control depredating animals
2-50 for a period not to exceed one year and may renew a permit on a
2-51 showing that the renewal is necessary.>
2-52 <(c) The department may issue a permit to manage wildlife
2-53 for a period not to exceed one year and may renew the permit on a
2-54 showing that the renewal is necessary.>
2-55 <(d) A landowner agreement application to manage wildlife
2-56 may only be approved by the department on a case-by-case basis for
2-57 the time period required to complete the management activity and
2-58 under no circumstances to exceed 14 days.>
2-59 SECTION 7. Section 43.107, Parks and Wildlife Code, is
2-60 amended to read as follows:
2-61 Sec. 43.107. REPORTS REQUIRED. (a) The holder of a permit
2-62 under this subchapter shall report to <file with> the department in
2-63 the time and manner required by commission proclamation <within 30
2-64 days following the end of each calendar quarter or on termination
2-65 of the permit, whichever occurs first, a report showing:>
2-66 <(1) the name and address of the permit holder;>
2-67 <(2) the number and a description of the depredating
2-68 animals taken under the permit, and the number and description of
2-69 the depredating animals authorized to be taken under the permit, or
2-70 the number and description of wildlife captured or managed;>
3-1 <(3) a description of the area to which the permit is
3-2 applicable;>
3-3 <(4) dates of flights taken for the control of
3-4 depredating animals or for the management of wildlife; and>
3-5 <(5) any other relevant information the department may
3-6 require>.
3-7 (b) An offense under this section may be prosecuted in the
3-8 county in which the defendant resides or in the county where the
3-9 offense took place.
3-10 SECTION 8. Section 43.109, Parks and Wildlife Code, is
3-11 amended to read as follows:
3-12 Sec. 43.109. Regulations. (a) The commission may make
3-13 regulations governing <control of depredating animals and>
3-14 management of wildlife or exotic animals by the use of aircraft
3-15 under this subchapter.
3-16 (b) A proclamation or regulation of the commission adopted
3-17 under this subchapter may:
3-18 (1) prescribe forms and procedures for permit
3-19 applications;
3-20 (2) establish procedures for the management of
3-21 <controlling depredating animals or managing> wildlife or exotic
3-22 animals by the use of aircraft;
3-23 (3) limit the time and the place for which a permit is
3-24 valid;
3-25 (4) prohibit acts; and
3-26 (5) require, limit, or prohibit any activity as
3-27 necessary to implement this subchapter.
3-28 SECTION 9. Section 43.1095, Parks and Wildlife Code, is
3-29 amended to read as follows:
3-30 Sec. 43.1095. Prohibited Acts. (a) For purposes of this
3-31 subchapter, a person commits an offense if that person:
3-32 (1) hunts or kills, or attempts to hunt or kill, from
3-33 an aircraft any animal or bird that is not specifically authorized
3-34 by a permit issued under this subchapter;
3-35 (2) <possesses a firearm or any other device capable
3-36 of killing or wounding an animal or bird other than a device
3-37 specifically authorized by the permit while operating under a
3-38 permit issued to manage wildlife by use of aircraft;>
3-39 <(3) uses an aircraft to hunt or kill animals defined
3-40 as depredating animals without first obtaining and having in his
3-41 immediate possession a valid permit to control depredating animals
3-42 by the use of aircraft;>
3-43 <(4)> uses an aircraft to manage wildlife or exotic
3-44 animals without first obtaining and having in the person's <his>
3-45 immediate possession a <valid> permit and a landowner's
3-46 authorization for the management of <to manage> wildlife or exotic
3-47 animals by the use of aircraft; or
3-48 (3) <(5)> uses an aircraft to harass wildlife, exotic
3-49 animals, or any other animal or bird.
3-50 (b) It is a defense to prosecution for harassment of
3-51 wildlife or exotic animals under this section if the person is
3-52 engaged in the activity of counting, photographing, relocating,
3-53 <or> capturing, or hunting wildlife or exotic animals under the
3-54 authority of a permit under this subchapter <to manage wildlife by
3-55 the use of aircraft>.
3-56 (c) Nothing in this section authorizes a person to hunt any
3-57 animal or bird from an aircraft for sport <conduct activities under
3-58 a depredating animal control permit and a wildlife management
3-59 permit simultaneously>.
3-60 SECTION 10. Section 43.110, Parks and Wildlife Code, is
3-61 amended to read as follows:
3-62 Sec. 43.110. PERMIT FEE. The <commission shall set a> fee
3-63 for a permit that authorizes <the taking of depredating animals
3-64 or> the management of wildlife or exotic animals by the use of
3-65 aircraft is $200 or an amount set by the commission, whichever
3-66 amount is more.
3-67 SECTION 11. Section 43.111, Parks and Wildlife Code, is
3-68 amended to read as follows:
3-69 Sec. 43.111. PENALTY. (a) Except as otherwise provided by
3-70 this section, a <A> person who violates any provision of this
4-1 subchapter or a proclamation or regulation adopted under this
4-2 subchapter commits an offense that is a Class A Parks and Wildlife
4-3 Code misdemeanor.
4-4 (b) A person who violates Section 43.107 commits an offense
4-5 that is a Class C Parks and Wildlife Code misdemeanor.
4-6 (c) If it is shown at the trial of the defendant for a
4-7 violation of this subchapter or a proclamation or regulation
4-8 adopted under this subchapter that the defendant has been convicted
4-9 of a Class A Parks and Wildlife Code misdemeanor violation of this
4-10 subchapter within 10 years preceding the trial date, on conviction
4-11 the defendant shall be punished for a Parks and Wildlife Code
4-12 felony. This subsection does not apply if the previous conviction
4-13 was for a violation of Section 43.107.
4-14 SECTION 12. Subsections (a), (d), (e), (f), and (g), Section
4-15 62.015, Parks and Wildlife Code, are amended to read as follows:
4-16 (a) In this section, "exotic animal" means exotic livestock
4-17 or exotic fowl as defined by Section 161.001(a), Agriculture
4-18 Code <axis deer, fallow deer, blackbuck antelope, sika deer, aoudad
4-19 sheep, mouflon sheep, barbado sheep, European red deer, Corsican
4-20 sheep, four-horned sheep, sambar deer, eland antelope, sable
4-21 antelope, white-tailed gnu, impala, greater kudu, blesbok, gazelle,
4-22 oryx, guanaco, llama, thar, nilgai antelope, or ibex>.
4-23 (d) Except as provided in Subsections (e) and (f) of this
4-24 section, no person may possess an exotic animal or the carcass of
4-25 an exotic animal.
4-26 (e) Subsection (d) of this section does not apply to the
4-27 owner or employee of the owner of the exotic animal, a person who
4-28 holds a permit for the management of wildlife or exotic animals by
4-29 the use of <to control depredating animals from an> aircraft under
4-30 Subchapter G, Chapter 43, of this code, a public health officer, a
4-31 law enforcement officer, or a veterinarian.
4-32 (f) It is an affirmative defense to a prosecution under
4-33 Subsection (d) of this section that the person possessed the exotic
4-34 animal or the carcass of the exotic animal with the knowledge and
4-35 consent of the owner.
4-36 (g) A person who violates this section commits an offense
4-37 that is a Class A Parks and Wildlife Code misdemeanor <is guilty of
4-38 a misdemeanor and on conviction is punishable by a fine of not more
4-39 than $1,500 or confinement in jail for not more than six months or
4-40 both>.
4-41 SECTION 13. (a) The change in law made by this Act applies
4-42 only to an offense committed on or after the effective date of this
4-43 Act. For purposes of this section, an offense occurs before the
4-44 effective date of this Act if any element of the offense occurs
4-45 before that date.
4-46 (b) An offense committed before the effective date of this
4-47 Act is governed by the law in effect when the offense was
4-48 committed, and the former law is continued in effect for that
4-49 purpose.
4-50 SECTION 14. This Act takes effect September 1, 1995.
4-51 SECTION 15. The importance of this legislation and the
4-52 crowded condition of the calendars in both houses create an
4-53 emergency and an imperative public necessity that the
4-54 constitutional rule requiring bills to be read on three several
4-55 days in each house be suspended, and this rule is hereby suspended.
4-56 * * * * *