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.