H.B. No. 2555




AN ACT
relating to the humane dispatch of certain game animals and game birds. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 61, Parks and Wildlife Code, is amended by adding Section 61.060 to read as follows: Sec. 61.060. DEFENSE TO PROSECUTION: HUMANE DISPATCH OF CERTAIN GAME ANIMALS AND BIRDS. (a) In this section: (1) "Dispatch" means to kill by any humane method. (2) "Game animal" has the meaning assigned by Section 63.001. (3) "Game bird" has the meaning assigned by Section 64.001. (b) It is a defense to prosecution for a violation of this chapter or of a regulation adopted or proclamation issued under the authority of this chapter by the commission that the actor dispatched a game animal or game bird that: (1) was mortally wounded, not through the actor's conduct; or (2) behaved in a manner that: (A) is inconsistent with the manner in which a game animal or game bird that is not diseased typically behaves; and (B) leads a reasonable person to believe that the game animal or game bird poses a substantial risk of serious harm to itself, a person, or other wildlife. (c) The commission may adopt rules, including rules concerning the disposition of a game animal or a game bird that has been dispatched under this section, to implement this section. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2555 was passed by the House on April 22, 2005, by the following vote: Yeas 138, Nays 0, 1 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 2555 was passed by the Senate on May 12, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor