| 1 | 1 | | 81R4371 SLB-F |
|---|
| 2 | 2 | | By: Hegar S.B. No. 1121 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the retrieval and waste of game birds, game animals, |
|---|
| 8 | 8 | | fish, and oysters; providing a penalty. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 62.011, Parks and Wildlife Code, is |
|---|
| 11 | 11 | | amended by amending Subsections (b) and (c) and adding Subsection |
|---|
| 12 | 12 | | (d) to read as follows: |
|---|
| 13 | 13 | | (b) Except as provided by Subsection (c), it is an offense |
|---|
| 14 | 14 | | if a person intentionally takes or possesses a game bird, game |
|---|
| 15 | 15 | | animal, oyster, or [a] fish and intentionally, knowingly, [or] |
|---|
| 16 | 16 | | recklessly, or with criminal negligence, fails to keep the edible |
|---|
| 17 | 17 | | portions of the bird, animal, oyster, or fish in an edible |
|---|
| 18 | 18 | | condition. |
|---|
| 19 | 19 | | (c) It is an offense if a person while hunting kills or |
|---|
| 20 | 20 | | wounds a desert bighorn sheep, pronghorn antelope, mule deer, or |
|---|
| 21 | 21 | | white-tailed deer in violation of Section 61.022, 62.003, 62.0031, |
|---|
| 22 | 22 | | 62.004, or 62.005 and intentionally or knowingly fails to make a |
|---|
| 23 | 23 | | reasonable effort to retrieve the animal or intentionally, |
|---|
| 24 | 24 | | knowingly, [or] recklessly, or with criminal negligence fails to |
|---|
| 25 | 25 | | keep the edible parts of the animal in an edible condition. |
|---|
| 26 | 26 | | (d) In this section, "edible" means fit for human |
|---|
| 27 | 27 | | consumption. The term does not include any portion of a game bird, |
|---|
| 28 | 28 | | game animal, oyster, or fish that is: |
|---|
| 29 | 29 | | (1) bruised by bullet, shot, or arrow, or otherwise |
|---|
| 30 | 30 | | destroyed as a result of harvest; |
|---|
| 31 | 31 | | (2) decayed or rotting; or |
|---|
| 32 | 32 | | (3) obviously infected or diseased. |
|---|
| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 34 | 34 | | to an offense committed on or after the effective date of this Act. |
|---|
| 35 | 35 | | An offense committed before the effective date of this Act is |
|---|
| 36 | 36 | | covered by the law in effect when the offense was committed. For |
|---|
| 37 | 37 | | purposes of this section, an offense was committed before the |
|---|
| 38 | 38 | | effective date of this Act if any element of the offense occurred |
|---|
| 39 | 39 | | before that date. |
|---|
| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|