SRC-BWC H.B. 653 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 653
By: Najera (Cain)
Criminal Justice
5/11/2001
Engrossed

This analysis is based on the House Committee Report, which is the most
recent version available to the Senate Research Center. 

BACKGROUND AND PURPOSE 

Texans have become increasingly concerned with cases of cruel and violent
acts perpetrated on innocent pets and animals.  Research has confirmed a
correlation between violence against animals and violence toward humans.
In one case of animal cruelty, the prosecutor pressed felony charges of
theft instead of animal cruelty because current law only provides for a
misdemeanor for an offense of animal cruelty.  Such penalties may not be
sufficient to deter future offenses of animal cruelty.  H.B. 653 modifies
the penalties for such offenses. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION

H.B. 653 amends the Penal Code to provide that a person commits an offense
of animal cruelty if the person acts with criminal negligence, rather than
with intent or knowledge, except that a person commits an offense if the
person intentionally or knowingly tortures or overworks an animal or kills,
injures, or administers poison to certain animals belonging to another
without legal authority or the owner's effective consent.  The bill also
provides that the punishment for an offense of animal cruelty committed
with criminal negligence is a state jail felony if the person has
previously been convicted one time, rather than two times, and that an
offense committed intentionally or knowingly is a state jail felony, except
that such an offense is a third degree felony if the person has previously
been convicted two times for animal cruelty.  H.B. 653 provides that it is
an exception to the application of these provisions that the conduct
engaged in by the actor is a generally accepted and otherwise lawful use of
an animal if that use occurs solely for the purpose of fishing, hunting,
trapping, or wildlife control or as an animal husbandry or farming practice
involving livestock.     

Effective date: September 1, 2001.