Amend HB 653 (Senate Committee Printing) by striking all
below the enacting clause and substituting the following:
      SECTION 1.  Section 42.09, Penal Code, is amended by amending
Subsections (a), (c), and (d) and adding Subsections (g) and (h) to
read as follows:
      (a)  A person commits an offense if a person <he>
intentionally or knowingly:
            (1)  tortures <or seriously overworks> an animal;
            (2)  fail unreasonably to provide necessary food, care,
or shelter for an animal in the person's <his> custody;
            (3)  abandons unreasonably an animal in the person's
<his> custody;
            (4)  transports or confines an animal in a cruel
manner;
            (5)  kills, seriously injures, or administers poison to
an animal, other than cattle, horses, sheep, swine, or goats,
belonging to another without legal authority or the owner's
effective consent;
            (6)  causes one animal to fight with another;
            (7)  uses a live animal as a lure in dog race training
or in dog coursing on a racetrack; <or>
            (8)  trips a horse;
            (9)  injures an animal, other than cattle, horses,
sheep, swine, or goats, belonging to another without legal
authority or the owner's effective consent; or
            (10)  seriously overworks an animal.
      (c)  For purposes of this section:
            (1)  "Abandon" includes abandoning an animal in the
person's custody without making reasonable arrangements for
assumption of custody by another person.
            (2)  "Animal" means a domesticated living creature and
wild living creature previously captured.  "Animal" does not
include an uncaptured wild creature or a wild creature whose
capture was accomplished by conduct at issue under this section.
            (3)  "Cruel manner" includes a manner that causes or
permits unjustified or unwarranted pain or suffering.
            (4)  "Custody" includes responsibility for the health,
safety, and welfare of an animal subject to the person's care and
control, regardless of ownership of the animal.
            (5)  "Necessary food, care, or shelter" includes food,
care, or shelter provided to the extent required to maintain the
animal in a state of good health.
            (6) <(2)>  "Trip" means to use an object to cause a
horse to fall or lose its balance.
      (d)  An offense under Subsection (a)(2), (3), (4), (9), or
(10) <this section> is a Class A misdemeanor, except that the
offense is a state jail felony if the person has previously been
convicted two times under this section.
      (g)  An offense under Subsection (a)(1), (5), (6), (7), or
(8) is a state jail felony, except that the offense is a felony of
the third degree if the person has previously been convicted two
times under this section.
      (h)  It is an exception to the application of this section
that the conduct engaged in by the actor is a generally accepted
and otherwise lawful:
            (1)  use of an animal if that use occurs solely for the
purpose of:
                  (A)  fishing, hunting, or trapping; or
                  (B)  wildlife control as regulated by state and
federal law; or
            (2)  animal husbandry or farming practice involving
livestock.
      SECTION 2.  Chapter 54, Family Code, is amended by adding
Section 54.0407 to read as follows:
      Sec. 54.0407.  CRUELTY TO ANIMALS:  COUNSELING REQUIRED.  If
a child is found to have engaged in delinquent conduct constituting
an offense under Section 42.09, Penal Code, the juvenile court
shall order the child to participate in psychological counseling
for a period to be determined by the court.
      SECTION 3.  This Act takes effect September 1, 2001, and
applies only to an offense committed on or after that date.  An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose.  For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occured before that date.