By: Vasut, Cain (Senate Sponsor - Zaffirini) H.B. No. 3660

(In the Senate - Received from the House May 1, 2023; May 2, 2023, read first time and referred to Committee on Criminal Justice; May 17, 2023, reported favorably by the following vote: Yeas 7, Nays 0; May 17, 2023, sent to printer.) Click here to see the committee vote

COMMITTEE VOTE

YeaNayAbsentPNV

WhitmireX

FloresX

BettencourtX

HinojosaX

HuffmanX

KingX

MilesX

A BILL TO BE ENTITLED

AN ACT

relating to a defense to prosecution for the offense of cruelty to nonlivestock animals under certain circumstances.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 42.092(a), Penal Code, is amended by adding Subdivisions (9) and (10) to read as follows:

(9) "Trap-Neuter-Return Program" means a nonlethal population control practice in which an animal is:

(A) trapped;

(B) evaluated by a veterinarian;

(C) if unvaccinated, vaccinated by a veterinarian;

(D) if unsterilized, sterilized by a veterinarian;

(E) marked by a veterinarian, whether by notching or tipping one ear or otherwise; and

(F) returned to the trap location.

(10) "Veterinarian" shall have the same meaning as set forth in Section 801.002, Occupations Code.

SECTION 2. Section 42.092, Penal Code, is amended by adding Subsections (e-1) and (e-2) to read as follows:

(e-1) It is a defense to prosecution under Subsection (b)(4) that the actor released or returned a stray or feral animal which is not a wild living creature pursuant to a Trap-Neuter-Return Program.

(e-2) It is a defense to prosecution under Subsection (b)(4) that the actor released or returned a previously trapped wild living creature in accordance with Texas wildlife laws and regulations.

SECTION 3. 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 governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. 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 4. This Act takes effect immediately if it receives a vote of two-thirds of all members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.

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