By Najera                                              H.B. No. 653
         77R1185 KEL-D                           
                                A BILL TO BE ENTITLED
 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. Sections 42.09(a), (c), and (d), Penal Code, are
 1-6     amended to read as follows:
 1-7           (a)  A person commits an offense if with criminal negligence
 1-8     the person [he intentionally or knowingly]:
 1-9                 (1)  tortures or seriously overworks an animal;
1-10                 (2)  fails unreasonably to provide necessary food,
1-11     care, or shelter for an animal in his custody;
1-12                 (3)  abandons unreasonably an animal in his custody;
1-13                 (4)  transports or confines an animal in a cruel
1-14     manner;
1-15                 (5)  kills, injures, or administers poison to an
1-16     animal, other than cattle, horses, sheep, swine, or goats,
1-17     belonging to another without legal authority or the owner's
1-18     effective consent;
1-19                 (6)  causes one animal to fight with another;
1-20                 (7)  uses a live animal as a lure in dog race training
1-21     or in dog coursing on a racetrack; or
1-22                 (8)  trips a horse.
1-23           (c)  For purposes of this section:
1-24                 (1)  "Abandon" includes abandoning an animal in the
 2-1     person's custody without making reasonable arrangements for
 2-2     assumption of custody by another person.
 2-3                 (2)  "Animal" means a domesticated living creature and
 2-4     wild living creature previously captured. "Animal" does not include
 2-5     an uncaptured wild creature or a wild creature whose capture was
 2-6     accomplished by conduct at issue under this section.
 2-7                 (3)  "Cruel manner" includes a manner that causes or
 2-8     permits unjustified or unwarranted pain or suffering.
 2-9                 (4)  "Custody" includes responsibility for the health,
2-10     safety, and welfare of an animal subject to the person's care and
2-11     control, regardless of ownership of the animal.
2-12                 (5)  "Necessary food, care, or shelter" includes food,
2-13     care, or shelter provided to the extent required to maintain the
2-14     animal in a state of good health.
2-15                 (6) [(2)]  "Trip" means to use an object to cause a
2-16     horse to fall or lose its balance.
2-17           (d)  An offense under this section is a state jail felony
2-18     [Class A misdemeanor], except that the offense is a [state jail]
2-19     felony of the third degree if the person has previously been
2-20     convicted two times under this section.
2-21           SECTION 2. This Act takes effect September 1, 2001, and
2-22     applies only to an offense committed on or after that date. An
2-23     offense committed before the effective date of this Act is covered
2-24     by the law in effect when the offense was committed, and the former
2-25     law is continued in effect for that purpose. For purposes of this
2-26     section, an offense was committed before the effective date of this
2-27     Act if any element of the offense occurred before that date.