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 * * * * *