79R6633 UM-F

By:  Quintanilla                                                  H.B. No. 1962



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of cruelty to animals.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 42.09(d) and (h), Penal Code, are 
amended to read as follows:
	(d)  An offense under Subsection (a)(2), (3), (4), (9), or 
(10) is a Class C [A] misdemeanor, except that:
		(1)  the offense is a Class B misdemeanor if the person 
has previously been convicted one time under this section; and
		(2)  the offense is a Class A misdemeanor [state jail 
felony] if the person has previously been convicted two times under 
this section.
	(h)  It is an exception to the application of this section 
that the conduct engaged in by the actor is a generally accepted and 
otherwise lawful:
		(1)  use of an animal if that use occurs solely for the 
purpose of:         
			(A)  fishing, hunting, or trapping; or                                       
			(B)  wildlife control as regulated by state and 
federal law; or            
		(2)  animal husbandry or farming practice involving 
livestock, including poultry.
	SECTION 2.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
An offense committed before the effective date of this Act is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 3.  This Act takes effect September 1, 2005.