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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