I cant help you on the ID but you need to get it to a Rehabber right away unless you can find the nest and return it. This baby will need hunting lessons.

Are there pheasants or grouse in the area?

How adorable! But unless the baby is imprinted on the correct species its DNA will be lost to the wild population as it won't be able to survive and breed in the wild. I've "saved" wild birds as a child, only to find I have a pet that won't leave.

I'm not sure, but it's a possibility. The bird was found on the outskirts of San Antonio, Texas. When I saw it the bird didn't seem to try to walk like I'd think a baby pheasant would do, but I can check on that with the finder. Don't pheasants leave the nest to run after the mother at hatching time?

Yes, Rachel. That's true.

By the way, timmer, a hawk was seen flying overhead leading the finder to think it is a baby hawk that fell out of a nest, but of course it is much too small for that.

Could be the hawk scattered a flock of quail/pheasants. I dunno' ...

Looks like a Nighthawk to me. Pheasants and quail are precocial birds. That is not a hawk for sure.

It looks like a fledgling Rufous Chuck-will's-widow

They are common in eastern Texas and nest on the open ground. It's too bad the man picked it up and took it away from its parents. Another reason to educate people to leave wild babies where they find them.

Thank you all for the replies.

Below is a link to pictures of Chuck-will's-widow and Whip-poor-wills.

Rachel, it does look like a Chuck-will's-widow. Yes, education is a continuing thing ...

Here is a link that might be useful: Chuck-will's-widow

I think Rachael hit it right on the head.