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