1-1     By:  Cain, Barrientos, Bernsen                        S.B. No. 1724
 1-2           (In the Senate - Filed March 9, 2001; March 14, 2001, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     May 10, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; May 10, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1724                   By:  Ogden
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the prosecution of and punishment for the offense of
1-11     cruelty to animals and to the disposition of certain juveniles
1-12     engaging in conduct constituting the offense.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 42.09, Penal Code, is amended by amending
1-15     Subsections (a), (c), and (d) and adding Subsections (g) and (h) to
1-16     read as follows:
1-17           (a)  A person commits an offense if he intentionally or
1-18     knowingly:
1-19                 (1)  tortures [or seriously overworks] an animal;
1-20                 (2)  fails unreasonably to provide necessary food,
1-21     care, or shelter for an animal in the person's [his] custody;
1-22                 (3)  abandons unreasonably an animal in the person's
1-23     [his] custody;
1-24                 (4)  transports or confines an animal in a cruel
1-25     manner;
1-26                 (5)  kills, seriously injures, or administers poison to
1-27     an animal, other than cattle, horses, sheep, swine, or goats,
1-28     belonging to another without legal authority or the owner's
1-29     effective consent;
1-30                 (6)  causes one animal to fight with another;
1-31                 (7)  uses a live animal as a lure in dog race training
1-32     or in dog coursing on a racetrack; [or]
1-33                 (8)  trips a horse;
1-34                 (9)  injures an animal, other than cattle, horses,
1-35     sheep, swine, or goats, belonging to another without legal
1-36     authority or the owner's effective consent; or
1-37                 (10)  seriously overworks an animal.
1-38           (c)  For purposes of this section:
1-39                 (1)  "Abandon" includes abandoning an animal in the
1-40     person's custody without making reasonable arrangements for
1-41     assumption of custody by another person.
1-42                 (2)  "Animal" means a domesticated living creature and
1-43     wild living creature previously captured.  "Animal" does not
1-44     include an uncaptured wild creature or a wild creature whose
1-45     capture was accomplished by conduct at issue under this section.
1-46                 (3)  "Cruel manner" includes a manner that causes or
1-47     permits unjustified or unwarranted pain or suffering.
1-48                 (4)  "Custody" includes responsibility for the health,
1-49     safety, and welfare of an animal subject to the person's care and
1-50     control, regardless of ownership of the animal.
1-51                 (5)  "Necessary food, care, or shelter" includes food,
1-52     care, or shelter provided to the extent required to maintain the
1-53     animal in a state of good health.
1-54                 (6) [(2)]  "Trip" means to use an object to cause a
1-55     horse to fall or lose its balance.
1-56           (d)  An offense under Subsection (a)(2), (3), (4), (9), or
1-57     (10) [this section] is a Class A misdemeanor, except that the
1-58     offense is a state jail felony if the person has previously been
1-59     convicted two times under this section.
1-60           (g)  An offense under Subsection (a)(1), (5), (6), (7), or
1-61     (8) is a state jail felony, except that the offense is a felony of
1-62     the third degree if the person has previously been convicted two
1-63     times under this section.
1-64           (h)  It is an exception to the application of this section
 2-1     that the conduct engaged in by the actor is a generally accepted
 2-2     and otherwise lawful:
 2-3                 (1)  use of an animal if that use occurs solely for the
 2-4     purpose of:
 2-5                       (A)  fishing, hunting, or trapping; or
 2-6                       (B)  wildlife control as regulated by state and
 2-7     federal law; or
 2-8                 (2)  animal husbandry or farming practice involving
 2-9     livestock.
2-10           SECTION 2.  Chapter 54, Family Code, is amended by adding
2-11     Section 54.0407 to read as follows:
2-12           Sec. 54.0407.  CRUELTY TO ANIMALS:  COUNSELING REQUIRED.  If
2-13     a child is found to have engaged in delinquent conduct constituting
2-14     an offense under Section 42.09, Penal Code, the juvenile court
2-15     shall order the child to participate in psychological counseling
2-16     for a period to be determined by the court.
2-17           SECTION 3.  This Act takes effect September 1, 2001, and
2-18     applies only to an offense committed on or after that date.  An
2-19     offense committed before the effective date of this Act is covered
2-20     by the law in effect when the offense was committed, and the former
2-21     law is continued in effect for that purpose.  For purposes of this
2-22     section, an offense was committed before the effective date of this
2-23     Act if any element of the offense occurred before that date.
2-24                                  * * * * *