S.B. No. 1121
 
 
 
 
AN ACT
  relating to the retrieval and waste of game birds, game animals, and
  fish; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 62.011, Parks and Wildlife Code, is
  amended by amending Subsections (b) and (c) and adding Subsection
  (d) to read as follows:
         (b)  Except as provided by Subsection (c), it is an offense
  if a person intentionally takes or possesses a game bird, game
  animal, or [a] fish and intentionally, knowingly, [or] recklessly,
  or with criminal negligence[,] fails to keep the edible portions of
  the bird, animal, or fish in an edible condition.
         (c)  It is an offense if a person while hunting kills or
  wounds a desert bighorn sheep, pronghorn antelope, mule deer, or
  white-tailed deer in violation of Section 61.022, 62.003, 62.0031,
  62.004, or 62.005 and intentionally or knowingly fails to make a
  reasonable effort to retrieve the animal or intentionally,
  knowingly, [or] recklessly, or with criminal negligence fails to
  keep the edible parts of the animal in an edible condition.
         (d)  In this section:
               (1)  "Edible condition" means fit for human
  consumption.  The term does not include any portion of a game bird,
  game animal, or fish that is:
                     (A)  bruised by bullet, shot, or arrow, or
  otherwise destroyed as a result of harvest;
                     (B)  decayed or rotting; or
                     (C)  obviously infected or diseased.
               (2)  "Edible parts" means the meaty portions of a
  carcass that are retained for consumption after quartering as
  defined in Section 42.001(8).
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  covered by the law in effect when the offense was committed. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1121 passed the Senate on
  April 9, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1121 passed the House on
  May 12, 2009, by the following vote:  Yeas 149, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor