ACM H.B. 968 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 968
By: Uher
5-1-97
Committee Report (Unamended)



BACKGROUND 

The comb and wattle of game fowl are often trimmed. Under current law,
this practice is often construed as cruel treatment toward animals. 

PURPOSE

HB 968, as proposed, would allow the trimming of poultry combs and wattles.

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
adding subsections (g) and (h).  Subsection (g) states that it is a
defense to prosecution that the actor's conduct constituted trimming a
comb or wattle or altering a spur of a game rooster and that the conduct
was done in accordance with the standards promulgated by the American
Poultry Association.  Subsection (h) states that it is a defense to
prosecution that the animal is a game fowl and that the actor owns, raises
or cares for the game fowl for the purpose of showing, selling or
transporting the game fowl, and that the treatment for which the actor is
being prosecuted was consistent with the standards of the American Poultry
Association. 

SECTION 2.  Amends Section 821.021, Health and Safety Code, Definition, to
provide that an animal is not "cruelly treated" if an animal is treated in
a manner that is consistent with the standards of the American Poultry
Association. 

SECTION 3.  The defenses added by this Act are available to a person
regardless of when the offense was committed but only for trials
commencing on or after the effective date of this Act. 

SECTION 4.  Emergency Clause