Section 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.Tex. Parks and Wild. § 61.060
Added by Acts 2005, 79th Leg., Ch. 157, Sec. 1, eff. 5/24/2005.