By: Hegar S.B. No. 1121
(In the Senate - Filed February 24, 2009; March 13, 2009,
read first time and referred to Committee on Natural Resources;
March 30, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 30, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1121 By: Uresti
A BILL TO BE ENTITLED
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.
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