BILL ANALYSIS



C.S.H.B. 1562
By: Combs
03-23-95
Committee Report (Substituted)


BACKGROUND

Chapter 42 of the Penal Code addresses disorderly conduct and
related offenses, and includes Section 42.09, Cruelty to Animals. 
Under this section, a person commits an offense if he kills,
injures or poisons an animal other than cattle, horses, sheep or
swine without the owner's consent.  This provision allowed a
rancher to be charged with a Class A misdemeanor offense,
punishable by a fine up to $4,000 and/or up to one year in jail,
if he injures or kills an animal in order to protect his
livestock.  However, in 1991 a provision was added to the
section, establishing defense for a rancher who kills or injures
an animal in the act of or immediately after attacking his
livestock.  C.S.H.B. 1562 would alter the provision added in 1991
by extending defense to a rancher who kills or injures an animal
that returns to his property after attacking his livestock.  The
bill also extends defense to exotic livestock and exotic fowl
producers.


PURPOSE

This bill would provide defense for a livestock owner who kills
or injures an animal on his property that has attacked his
livestock, regardless of when it attacked his livestock.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.


SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 42.09(e), Penal Code.  Establishes a
defense for a person who kills or injures an animal on his
property if it has attacked his livestock (goats, sheep, cattle,
horses, swine, poultry, exotic livestock or exotic fowl),
regardless of when it attacked his livestock.

SECTION 2.  Sets forth that a defendant charged with an offense
under Section 42.09, Penal Code, may use the defense provided in
this Act unless a final conviction for the offense exists on the
effective date of this Act.

SECTION 3.  Effective date: September 1, 1995.

SECTION 4.  Emergency Clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original legislation provides defense for a person who kills
or injures an animal on or off of his property if it has attacked
his livestock and he has previously contacted the animal's owner
and asked him to keep the animal off of his property because it
had harmed his livestock.  The original legislation also does not
extend defense to exotic livestock and exotic fowl ranchers.

SUMMARY OF COMMITTEE ACTION

H.B. 1562 was considered by the committee in a public hearing on
Tuesday, March 14, 1995.

The committee considered a complete substitute for the bill. 

One amendment was offered to the substitute. 

The amendment was adopted without objection.

The substitute, as amended, was adopted without objection.

The chair directed the staff to incorporate the amendment into
the substitute.

The bill was reported favorably, as substituted, with the
recommendation that it do pass and be printed, by a record vote
of 9 ayes, 0 nays, 0 pnv, 0 absent.

The following persons testified in favor of the bill:

     Mr. Charles Carter, representing himself and the Independent
Cattlemen's Association  of Texas, Inc.

     Mr. Durwood Tucker, representing Texas Farm Bureau.

     Mr. Thomas Massey, representing himself.

The following person testified against the bill:

     Mr. Ellis Gilleland, representing himself.