79R1827 SGA-D

By:  Smith of Tarrant                                             H.B. No. 391



A BILL TO BE ENTITLED

AN ACT

relating to computer-assisted hunting from remote locations; 
providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 62, Parks and Wildlife 
Code, is amended by adding Section 62.002 to read as follows:
	Sec. 62.002.  COMPUTER-ASSISTED REMOTE HUNTING.  (a)  In 
this section:
		(1)  "Computer-assisted remote hunting" means the use 
of a computer or any other device, equipment, or software, to 
remotely control the aiming and discharge of a firearm to hunt an 
animal, including a bird.
		(2)  "Firearm" has the meaning assigned by Section 
62.014.           
	(b)  A person may not engage in computer-assisted remote 
hunting or provide or operate facilities for computer-assisted 
remote hunting if the animal being hunted is located in this state.
	(c)  For purposes of this section, facilities for 
computer-assisted remote hunting include real property and 
improvements on the property associated with hunting, including 
hunting blinds, offices, and rooms equipped to facilitate 
computer-assisted remote hunting.
	(d)  A person who violates this section commits an offense 
that is a Class C Parks and Wildlife Code misdemeanor, unless it is 
shown at the trial of the defendant that the defendant has been 
convicted one or more times before the trial date of a violation of 
this section, in which case the offense is a Class B Parks and 
Wildlife Code misdemeanor.
	(e)  It is an exception to the application of this section 
that a person provides only:
		(1)  general-purpose equipment, including a computer, 
camera, fencing, and building materials;
		(2)  general-purpose computer software including an 
operating system and communications programs; or
		(3)  general telecommunications hardware or networking 
services for computers, including adapters, modems, servers, 
routers, and other facilities associated with Internet access.
	SECTION 2.  This Act takes effect September 1, 2005.