By Clemons                                            H.B. No. 2472
       74R7870 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of cruelty to animals.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 42.09, Penal Code, is amended by amending
    1-5  Subsection (c) and adding Subsection (f) to read as follows:
    1-6        (c)  In <For purposes of> this section:
    1-7              (1)  "Animal"<, "animal"> means a domesticated living
    1-8  creature and wild living creature previously captured.  "Animal"
    1-9  does not include an uncaptured wild creature or a wild creature
   1-10  whose capture was accomplished by conduct at issue under this
   1-11  section.
   1-12              (2)  "Shelter" means to house an animal in an enclosure
   1-13  to protect the animal from the elements or from predators.
   1-14        (f)  For purposes of Subsection (a)(6), a person does not
   1-15  cause or intend to cause an animal to fight with another animal by
   1-16  sheltering the animals in the same cage, house, or other enclosure,
   1-17  regardless of whether the animals are of the type that are
   1-18  aggressive when confined together.
   1-19        SECTION 2.  The change in law made by this Act applies to an
   1-20  offense committed before, on, or after the effective date of this
   1-21  Act, except that a final conviction for an offense under Section
   1-22  42.09(a)(6), Penal Code, that exists on the effective date of this
   1-23  Act is unaffected by this Act.
   1-24        SECTION 3.  This Act takes effect September 1, 1995.
    2-1        SECTION 4.  The importance of this legislation and the
    2-2  crowded condition of the calendars in both houses create an
    2-3  emergency and an imperative public necessity that the
    2-4  constitutional rule requiring bills to be read on three several
    2-5  days in each house be suspended, and this rule is hereby suspended.