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.