BILL ANALYSIS C.S.H.B. 2472 By: Clemons 05-05-95 Committee Report (Substituted) BACKGROUND Producers and users of animals are increasingly faced with animal welfare/animal rights issues. One problem that has arisen is that the public, now predominately urban and city dwellers, simply does not understand the behavior of most farm animals. Almost all animals, to some degree, display antagonistic behavior. This may be recognized in the form of fighting, flight, or posturing, but in most circumstances where animals are located together, the likelihood of conflict exists. From the sometimes awesome spectacle of two bulls fighting, or the savage battle between two stallions, down to the common barnyard hen fighting for her place in the "pecking order," nature dictates that some animals are dominant and some are subordinate. Yet, because they have no way to control the instincts of farm animals, some farmers are being threatened with prosecution for merely breeding and/or raising animals that tend to be aggressive when confined together. PURPOSE If enacted, H.B. 2472 would protect those who breed and/or raise livestock from people who could misuse the current cruelty to animals statutes against those who are farmers only. Under no circumstances does this bill attempt to legalize the fighting of any animals, especially game roosters, nor prevent the prosecution of those who would cause such animals to fight. 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, Penal Code (CRUELTY TO ANIMALS), by amending Subsection (c) and adding Subsection (f) as follows: (c) in this section: (1) renumbered; (2) defines "shelter." (f) exonerates a person from intending to cause an animal to fight with another animal if sheltering the animals in the same enclosure, even if the animals are of the type that are aggressive when confined together. SECTION 2. Change in law made by this Act applies to an offense committed before, on, or after the effective of the Act, except that a final conviction for an offense under Section 42.09(a)(6), Penal Code, that exists on the effective date of this Act is unaffected. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1, Subsection (c)(2) of the substitute adds language that clarifies the definition of "shelter." SUMMARY OF COMMITTEE ACTION HB 2472 was considered by the full committee in a public hearing on April 19, 1995. The following persons testified for the bill: Joe Kring, representing Citizens for the Preservation of Rural Lifestyles (CPRL) and TGBA; and Dean Hodges, representing CPRL and TGBA. The following persons testified against the bill: James Bias, representing the Humane Society of North Texas; Ellis Gilleland, representing himself; Karen L. Medicus, representing the Humane Society, SPCA, Austin; Rick Evans, representing himself; Robert French, representing himself; and Richard Martinez, representing himself. The bill was left pending. HB 2472 was considered by the full committee in a formal meeting on May 5, 1995. The committee considered a complete committee substitute. An 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. HB 2472 was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 5 ayes, 1 nays, 2 pnv, and 1 absent.