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HB0938 • 2026

Licenses

AN ACT to amend Tennessee Code Annotated, Title 70, relative to hunting with bait.

Agriculture
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Capley, Hensley
Last action
2025-05-15
Official status
Comp. became Pub. Ch. 444
Effective date
Not listed

Plain English Breakdown

The exact rules for managing wildlife populations with bait are yet to be determined by TWRA.

Hunting with Bait in Tennessee

This law allows hunters to use bait when hunting whitetail deer on private land if they have a special license and removes restrictions for using corn scattered during normal farming.

What This Bill Does

  • Allows hunters to use bait, like corn or grain, to hunt whitetail deer on private land if they buy a special license called a 'bait privilege license'.
  • Sets the cost of the bait privilege license at $50 for Tennessee residents and $100 for non-residents.
  • Gives the TWRA permission to stop using bait in certain areas to prevent wildlife diseases from spreading.

Who It Names or Affects

  • Hunters who want to hunt whitetail deer on private land with the help of bait.
  • The Tennessee Wildlife Resources Agency (TWRA) which will manage and enforce these new rules.

Terms To Know

Bait Privilege License
A special hunting license that allows hunters to use bait when hunting whitetail deer on private land in Tennessee.
TWRA
Tennessee Wildlife Resources Agency, the agency responsible for managing wildlife and enforcing hunting laws in Tennessee.

Limits and Unknowns

  • The law does not specify what happens if a hunter uses bait without having the required license.
  • It is unclear how TWRA will decide when to suspend the use of baiting privileges.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB0938

Plain English: The amendment allows hunters to use bait when hunting whitetail deer on private land if they have a valid deer bait privilege license.

  • Adds a new section allowing hunters to use bait for hunting whitetail deer on privately owned or leased lands with a special license.
  • Requires hunters in a party using bait to each purchase and carry a deer bait privilege license.
  • Establishes initial fees for the deer bait privilege license, which can be adjusted by the commission.
  • The amendment does not specify all details about how the deer bait privilege license will work or what constitutes acceptable bait.
Amendment 1-0 to SB0869

Plain English: The amendment allows hunters to use bait when hunting whitetail deer on private land if they have a valid deer bait privilege license.

  • Hunters can now legally hunt whitetail deer with bait on privately owned or leased lands, provided they purchase and carry a specific deer bait privilege license.
  • The amendment sets the initial fee for this license at $50 for residents and $100 for non-residents, which may be adjusted by the commission in the future.
  • The amendment does not specify all details about acceptable bait types or usage conditions, leaving these to be determined by rules established no later than August 1, 2026.
  • It is unclear how the suspension of deer baiting privileges will be managed and announced.

Bill History

  1. 2025-05-15 Tennessee General Assembly

    Comp. became Pub. Ch. 444

  2. 2025-05-15 Tennessee General Assembly

    Effective date(s) 07/01/2025

  3. 2025-05-15 Tennessee General Assembly

    Pub. Ch. 444

  4. 2025-05-09 Tennessee General Assembly

    Signed by Governor.

  5. 2025-05-01 Tennessee General Assembly

    Transmitted to Governor for action.

  6. 2025-04-30 Tennessee General Assembly

    Signed by H. Speaker

  7. 2025-04-29 Tennessee General Assembly

    Signed by Senate Speaker

  8. 2025-04-28 Tennessee General Assembly

    Enrolled and ready for signatures

  9. 2025-04-22 Tennessee General Assembly

    Comp. SB subst.

  10. 2025-04-22 Tennessee General Assembly

    Sponsor(s) Added.

  11. 2025-04-22 Tennessee General Assembly

    H. Placed on Regular Calendar 2 for 4/22/2025

  12. 2025-04-22 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/22/2025

  13. 2025-04-22 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  14. 2025-04-22 Tennessee General Assembly

    Placed on cal. Finance, Ways, and Means Committee for 4/22/2025

  15. 2025-04-22 Tennessee General Assembly

    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee

  16. 2025-04-22 Tennessee General Assembly

    Passed H., Ayes 76, Nays 18, PNV 2

  17. 2025-04-22 Tennessee General Assembly

    Am. withdrawn. (Amendment 1 - HA0153)

  18. 2025-04-22 Tennessee General Assembly

    Subst. for comp. HB.

  19. 2025-04-21 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/22/2025

  20. 2025-04-21 Tennessee General Assembly

    Engrossed; ready for transmission to House

  21. 2025-04-21 Tennessee General Assembly

    Sponsor(s) Added.

  22. 2025-04-21 Tennessee General Assembly

    Passed Senate as amended, Ayes 27, Nays 5, PNV 1

  23. 2025-04-21 Tennessee General Assembly

    Senate adopted Amendment (Amendment 1 - SA0167)

  24. 2025-04-17 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/21/2025

  25. 2025-04-16 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/16/2025

  26. 2025-04-16 Tennessee General Assembly

    Assigned to s/c Finance, Ways, and Means Subcommittee

  27. 2025-04-16 Tennessee General Assembly

    Rec. for pass; ref to Finance, Ways, and Means Committee

  28. 2025-04-15 Tennessee General Assembly

    Recommended for passage, refer to Senate Calendar Committee

  29. 2025-04-10 Tennessee General Assembly

    Sponsor(s) Added.

  30. 2025-04-09 Tennessee General Assembly

    Placed on cal. Government Operations Committee for 4/14/2025

  31. 2025-04-08 Tennessee General Assembly

    Placed on Senate Finance, Ways, and Means Committee calendar for 4/15/2025

  32. 2025-04-07 Tennessee General Assembly

    Action def. in Government Operations Committee to 4/14/2025

  33. 2025-04-02 Tennessee General Assembly

    Placed on cal. Government Operations Committee for 4/7/2025

  34. 2025-03-25 Tennessee General Assembly

    Rec. for pass. if am., ref. to Government Operations Committee

  35. 2025-03-19 Tennessee General Assembly

    Placed on cal. Agriculture & Natural Resources Committee for 3/25/2025

  36. 2025-03-19 Tennessee General Assembly

    Rec for pass if am by s/c ref. to Agriculture & Natural Resources Committee

  37. 2025-03-19 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 6, Nays 3 PNV 0

  38. 2025-03-13 Tennessee General Assembly

    Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/19/2025

  39. 2025-03-12 Tennessee General Assembly

    Placed on s/c cal Agriculture & Natural Resources Subcommittee for 3/19/2025

  40. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Energy, Ag., and Nat. Resources Committee

  41. 2025-02-11 Tennessee General Assembly

    Sponsor change.

  42. 2025-02-11 Tennessee General Assembly

    Sponsor(s) Added.

  43. 2025-02-11 Tennessee General Assembly

    Sponsor(s) withdrawn.

  44. 2025-02-10 Tennessee General Assembly

    Assigned to s/c Agriculture & Natural Resources Subcommittee

  45. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  46. 2025-02-06 Tennessee General Assembly

    P2C, ref. to Agriculture & Natural Resources Committee- Government Operations for Review

  47. 2025-02-05 Tennessee General Assembly

    Intro., P1C.

  48. 2025-02-05 Tennessee General Assembly

    Filed for introduction

  49. 2025-02-04 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Present law generally
prohibits the use of bait for hunting wildlife. This bill creates two exceptions to the general prohibition against hunting with bait.

First, this bill authorizes a person to hunt, chase, trap, kill, or take wildlife using properly shocked corn or stand
ing crops of corn, wheat, or other grain or feed and grains scattered solely as a result of normal agricultural harvesting; and

Second, this bill exempts from the general prohibition a person hunting whitetail deer or wild-appearing swine with the aid of
bait on privately owned or leased lands if the person has purchased and is in possession of a valid bait privilege license issued by the TWRA. This bill authorizes TWRA to suspend the use of a baiting privilege and adopt rules to manage the feeding of w
i
ldlife populations on a county, regional, or statewide basis to prevent the spread of diseases among wildlife by announcing the suspension in a news release.

ON APRIL 21, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 869, AS AMENDED.

AME
NDMENT #1 removes wild hogs from this bill so that the bait privilege license may only be used when hunting whitetail deer. This amendment specifies that a
ll hunters in a hunting party who hunt over bait are required to purchase and have in their possessi
on a deer bait privilege license.

This amendment sets the
initial fee for a deer bait privilege license
at
$50.00 for a resident and $100 for a non-resident. Th
is amendment authorizes the fish and wildlife commission to
adjusted
the deer bait privileg
e license fee and requires the commission to promulgate rules to implement this bill by
August 1, 2026.

This amendment removes this bill's authorization for
person
s

to
hunt, chase, trap, kill, or take wildlife using properly shocked corn or standing cr
ops of corn, wheat, or other grain or feed and grains scattered solely as a result of normal agricultural harvesting.

Present law specifies that three conditions must exist in order for the executive director of the TWRA to use otherwise prohibited means
for the taking of animals to control rabies. One of the three conditions is that a
n official quarantine by the county board of health has been established on all dogs, cats, and pets in the county
. This amendment defines
"pets"
to
mean domesticated anim
als normally maintained in or near the household of its owner
.

Current Bill Text

Read the full stored bill text
SENATE BILL 869
By Hensley

HOUSE BILL 938
By Capley

HB0938
002186
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 70,
relative to hunting with bait.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 70-4-113, is amended by deleting the
section and substituting:
(a) Except as otherwise expressly provided, it is unlawful for a person to use any
pitfall, deadfall, cage, snare, trap, net, baited hooks, poison, chemicals, explosives, set
guns, spotlights, electric lights or torches, bait, which includes any grain or mixture of
ingredients, used as or for food purposes or to lure or attract wildlife to a particular area
for the purpose of being killed or taken, or other devices for the purpose of killing,
injuring, or capturing birds or animals protected by the wildlife laws of this state.
(b) A person may hunt, chase, trap, kill, or take wildlife using properly shocked
corn or standing crops of corn, wheat, or other grain or feed and grains scattered solely
as a result of normal agricultural harvesting.
(c)
(1) This section does not apply to a person hunting whitetail deer or wild-
appearing swine, as defined in § 70-4-133, with the aid of bait on privately owned
or leased lands if the person has purchased and is in possession of a valid bait
privilege license.
(2) A bait privilege license required by this section must be obtained in
the same manner as an annual hunting license.

- 2 - 002186

(3) A person who is exempt from purchasing a hunting license is not
exempt from the requirement to purchase a bait privilege license pursuant to this
section.
(4) The agency may, without refund, suspend the use of a baiting
privilege and adopt rules to manage the feeding of wildlife populations on a
county, regional, or statewide basis to prevent the spread of diseases among
wildlife by announcing the suspension in a news release.
(d) The executive director or the executive director's designees may use any
chemical, biological substance, poison, or device under controlled conditions to capture
or kill a bird or animal for scientific, propagating, enforcement, humane, or rescue
purposes, or when it is considered necessary by the executive director to reduce or
control any species that may be detrimental to human safety, health, or property. The
executive director shall not take an action directed to the control of rabies or other
diseases spread from wildlife to human beings until the following conditions have been
met:
(1) The county board of health in the affected county met in open session
and, by appropriate resolution, declared that a condition detrimental to human
safety, health, or property exists within the affected county;
(2) An official quarantine by the county board of health has been
established on all dogs, cats, and pets in the county; and
(3) An official request has been made by the county board of health,
through and with the concurrence of the commissioner of health, to the executive
director to take such action as is necessary by the executive director or the
executive director's designees and by such means as are authorized in this

- 3 - 002186

section to bring the disease under control in the affected county. This subsection
(d) is effective in every county in this state.
(e) A violation of this section is a Class C misdemeanor; provided, that spot,
electric, or torch lights may be used in the hunting and taking of raccoons, opossums,
and frogs, and box traps may be used for the taking of rabbits during the open shooting
season for the same.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.