| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the offense of cruelty to animals. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 42.09(a), Penal Code, is amended to read |
|
|
as follows: |
|
|
(a) A person commits an offense if the person intentionally, |
|
|
[or] knowingly, or recklessly: |
|
|
(1) kills in a cruel manner, tortures, or causes |
|
|
serious bodily injury to an animal; |
|
|
(2) fails unreasonably to provide necessary food, |
|
|
water, care, or shelter for an animal in the person's custody; |
|
|
(3) abandons unreasonably an animal in the person's |
|
|
custody; |
|
|
(4) transports or confines an animal in a cruel |
|
|
manner; |
|
|
(5) kills[, seriously injures,] or administers poison |
|
|
to an animal, not owned by the actor, [other than cattle, horses,
|
|
|
sheep, swine, or goats, belonging to another] without legal |
|
|
authority or the owner's effective consent; |
|
|
(6) trains, conditions, or causes one animal to fight |
|
|
with another; |
|
|
(7) uses a live animal as a lure in dog race training |
|
|
or in dog coursing on a racetrack; |
|
|
(8) trips a horse; |
|
|
(9) causes bodily injury to an animal [injures an
|
|
|
animal, other than cattle, horses, sheep, swine, or goats,
|
|
|
belonging to another without legal authority or the owner's
|
|
|
effective consent]; or |
|
|
(10) seriously overworks an animal. |
|
|
SECTION 2. Sections 42.09(c)(2) and (5), Penal Code, are |
|
|
amended to read as follows: |
|
|
(2) "Animal" means a nonhuman mammal, bird, or captive |
|
|
amphibian or reptile [domesticated living creature and wild living
|
|
|
creature previously captured. "Animal" does not include an
|
|
|
uncaptured wild creature or a wild creature whose capture was
|
|
|
accomplished by conduct at issue under this section]. |
|
|
(5) "Necessary food, water, care, or shelter" includes |
|
|
food, water, care, or shelter provided to the extent required to |
|
|
maintain the animal in a state of good health. |
|
|
SECTION 3. Section 42.09(h), Penal Code, is amended to read |
|
|
as follows: |
|
|
(h) It is a defense to prosecution for an offense under [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; or |
|
|
(3) activity to control common household vermin or |
|
|
rodents. |
|
|
SECTION 4. 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 5. This Act takes effect September 1, 2007 |
|
|
. |