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A BILL TO BE ENTITLED
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AN ACT
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relating to the management of wildlife and exotic animals from |
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aircraft; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.103, Parks and Wildlife Code, is |
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amended by amending Subdivisions (1), (2), and (5) and adding |
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Subdivisions (4-a) and (4-b) to read as follows: |
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(1) "Aircraft" means a mechanical or other device used |
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for flight in the air. The term includes an unmanned aircraft. |
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(2) "Depredating animals" means bobcats, feral hogs, |
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red foxes, coyotes, and crossbreeds between coyotes and dogs. The |
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term [but] does not include mountain lions or birds or fowl. |
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(4-a) "Hunt by use of aircraft" means to: |
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(A) shoot or kill or to attempt to shoot or kill |
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wildlife or an exotic animal from an airborne aircraft; or |
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(B) take or to attempt to take wildlife or an |
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exotic animal while on the ground with the aid of an aircraft. |
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(4-b) "Hunt for sport" means to hunt for a purpose other |
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than to protect or to aid in the administration or protection of |
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land, water, wildlife, livestock, domesticated animals, crops, or |
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human life. |
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(5) "Manage [Management by the use of aircraft]" |
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means, with respect to an aircraft, to count, relocate, capture, or |
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hunt [counting, photographing, relocating, capturing, or hunting] |
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by the use of an aircraft. |
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SECTION 2. Sections 43.1095(a) and (b), Parks and Wildlife |
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Code, are amended to read as follows: |
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(a) For purposes of this subchapter, a person commits an |
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offense if that person: |
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(1) hunts by use of [or kills, or attempts to hunt or |
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kill, from an] aircraft any animal or bird that is not specifically |
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authorized by a permit issued under this subchapter; |
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(2) uses an aircraft to manage wildlife or exotic |
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animals without first obtaining: |
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(A) [and having in the person's immediate |
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possession] a permit; and |
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(B) a landowner's authorization for the |
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management of wildlife or exotic animals by the use of aircraft; |
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[or] |
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(3) uses an aircraft to manage wildlife or exotic |
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animals without having in the person's immediate possession: |
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(A) a permit; and |
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(B) a landowner's authorization for the |
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management of wildlife or exotic animals by the use of aircraft; |
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(4) submits to the department a landowner's |
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authorization for the management of wildlife or exotic animals by |
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the use of aircraft that contains inaccurate information; |
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(5) uses an aircraft to harass wildlife, exotic |
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animals, or any other animal or bird; or |
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(6) uses an aircraft to hunt for sport. |
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(b) It is a defense to prosecution for harassment of |
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wildlife or exotic animals under this section if the person is |
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engaged in the activity of counting, [photographing,] relocating, |
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capturing, or hunting wildlife or exotic animals under the |
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authority of a permit under this subchapter. |
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SECTION 3. Section 43.111, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.111. PENALTY. (a) Except as otherwise provided by |
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this section, a person who violates any provision of this |
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subchapter or a proclamation or regulation adopted under this |
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subchapter commits an offense that is a Class C [A] Parks and |
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Wildlife Code misdemeanor. |
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(b) A person who takes wildlife or an exotic animal in |
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violation of any provision of this subchapter or a proclamation or |
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regulation adopted under this subchapter [who violates Section |
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43.107] commits an offense that is a Class A [C] Parks and Wildlife |
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Code misdemeanor. |
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(c) If it is shown at the trial of the defendant for a |
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violation of this subchapter or a proclamation or regulation |
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adopted under this subchapter that the defendant has been convicted |
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of an offense under this section for a [Class A Parks and Wildlife |
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Code misdemeanor] violation of this subchapter, other than a |
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violation of Section 43.107, within 10 years preceding the trial |
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date, on conviction the defendant shall be punished for: |
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(1) a Class A Parks and Wildlife Code misdemeanor, if |
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the previous conviction was punishable as a Class C Parks and |
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Wildlife Code misdemeanor; or |
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(2) a Parks and Wildlife Code felony,[. This |
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subsection does not apply] if the previous conviction was |
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punishable as a Class A Parks and Wildlife Code misdemeanor or a |
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Parks and Wildlife Code felony [for a violation of Section 43.107]. |
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SECTION 4. Section 43.1076, Parks and Wildlife Code, is |
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repealed. |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 6. This Act takes effect September 1, 2025. |