1-1 AN ACT
1-2 relating to the prosecution of and punishment for the offense of
1-3 cruelty to animals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 42.09, Penal Code, is amended by amending
1-6 Subsections (a), (c), and (d) and adding Subsections (g) and (h) to
1-7 read as follows:
1-8 (a) A person commits an offense if the person [he]
1-9 intentionally or knowingly:
1-10 (1) tortures [or seriously overworks] an animal;
1-11 (2) fails unreasonably to provide necessary food,
1-12 care, or shelter for an animal in the person's [his] custody;
1-13 (3) abandons unreasonably an animal in the person's
1-14 [his] custody;
1-15 (4) transports or confines an animal in a cruel
1-16 manner;
1-17 (5) kills, seriously injures, or administers poison to
1-18 an animal, other than cattle, horses, sheep, swine, or goats,
1-19 belonging to another without legal authority or the owner's
1-20 effective consent;
1-21 (6) causes one animal to fight with another;
1-22 (7) uses a live animal as a lure in dog race training
1-23 or in dog coursing on a racetrack; [or]
1-24 (8) trips a horse;
2-1 (9) injures an animal, other than cattle, horses,
2-2 sheep, swine, or goats, belonging to another without legal
2-3 authority or the owner's effective consent; or
2-4 (10) seriously overworks an animal.
2-5 (c) For purposes of this section:
2-6 (1) "Abandon" includes abandoning an animal in the
2-7 person's custody without making reasonable arrangements for
2-8 assumption of custody by another person.
2-9 (2) "Animal" means a domesticated living creature and
2-10 wild living creature previously captured. "Animal" does not include
2-11 an uncaptured wild creature or a wild creature whose capture was
2-12 accomplished by conduct at issue under this section.
2-13 (3) "Cruel manner" includes a manner that causes or
2-14 permits unjustified or unwarranted pain or suffering.
2-15 (4) "Custody" includes responsibility for the health,
2-16 safety, and welfare of an animal subject to the person's care and
2-17 control, regardless of ownership of the animal.
2-18 (5) "Necessary food, care, or shelter" includes food,
2-19 care, or shelter provided to the extent required to maintain the
2-20 animal in a state of good health.
2-21 (6) [(2)] "Trip" means to use an object to cause a
2-22 horse to fall or lose its balance.
2-23 (d) An offense under Subsection (a)(2), (3), (4), (9), or
2-24 (10) [this section] is a Class A misdemeanor, except that the
2-25 offense is a state jail felony if the person has previously been
2-26 convicted two times under this section.
2-27 (g) An offense under Subsection (a)(1), (5), (6), (7), or
3-1 (8) is a state jail felony, except that the offense is a felony of
3-2 the third degree if the person has previously been convicted two
3-3 times under this section.
3-4 (h) It is an exception to the application of this section
3-5 that the conduct engaged in by the actor is a generally accepted
3-6 and otherwise lawful:
3-7 (1) use of an animal if that use occurs solely for the
3-8 purpose of:
3-9 (A) fishing, hunting, or trapping; or
3-10 (B) wildlife control as regulated by state and
3-11 federal law; or
3-12 (2) animal husbandry or farming practice involving
3-13 livestock.
3-14 SECTION 2. Chapter 54, Family Code, is amended by adding
3-15 Section 54.0407 to read as follows:
3-16 Sec. 54.0407. CRUELTY TO ANIMALS: COUNSELING REQUIRED. If a
3-17 child is found to have engaged in delinquent conduct constituting
3-18 an offense under Section 42.09, Penal Code, the juvenile court
3-19 shall order the child to participate in psychological counseling
3-20 for a period to be determined by the court.
3-21 SECTION 3. This Act takes effect September 1, 2001, and
3-22 applies only to an offense committed on or after that date. An
3-23 offense committed before the effective date of this Act is covered
3-24 by the law in effect when the offense was committed, and the former
3-25 law is continued in effect for that purpose. For purposes of this
3-26 section, an offense was committed before the effective date of this
3-27 Act if any element of the offense occurred before that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 653 was passed by the House on May
11, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 653 on May 24, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 653 was passed by the Senate, with
amendments, on May 21, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor