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.
Added by Acts 2005, 79th Leg., Ch. 157 (H.B. 2555), Sec. 1, eff. May 24, 2005.