By:  Kuempel (Senate Sponsor - Harris)                            H.B. No. 2555
	(In the Senate - Received from the House April 25, 2005; 
April 26, 2005, read first time and referred to Committee on 
Natural Resources; May 4, 2005, reported favorably by the 
following vote:  Yeas 8, Nays 0; May 4, 2005, sent to printer.)


A BILL TO BE ENTITLED

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.



* * * * *