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A BILL TO BE ENTITLED
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AN ACT
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relating to a defense to prosecution for the offense of cruelty to |
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nonlivestock animals under certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.092(a), Penal Code, is amended by |
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adding Subdivisions (9) and (10) to read as follows: |
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(9) "Trap-Neuter-Return Program" means a nonlethal |
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population control practice in which an animal is: |
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(A) trapped; |
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(B) evaluated by a veterinarian; |
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(C) if unvaccinated, vaccinated by a |
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veterinarian; |
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(D) if unsterilized, sterilized by a |
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veterinarian; |
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(E) marked by a veterinarian, whether by notching |
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or tipping one ear or otherwise; and |
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(F) returned to the trap location. |
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(10) "Veterinarian" shall have the same meaning as |
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set forth in Section 801.002, Occupations Code. |
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SECTION 2. Section 42.092, Penal Code, is amended by adding |
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Subsections (e-1) and (e-2) to read as follows: |
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(e-1) It is a defense to prosecution under Subsection |
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(b)(4) that the actor released or returned a stray or feral animal |
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which is not a wild living creature pursuant to a |
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Trap-Neuter-Return Program. |
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(e-2) It is a defense to prosecution under Subsection (b) |
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(4) that the actor released or returned a previously trapped wild |
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living creature in accordance with Texas wildlife laws and |
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regulations. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |