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A BILL TO BE ENTITLED
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AN ACT
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relating to the offenses of cruelty to livestock animals and |
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cruelty to nonlivestock animals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 42.09(a) and (f), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person intentionally, |
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[or] knowingly, or recklessly: |
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(1) tortures a livestock animal; |
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(2) fails unreasonably to provide necessary food, |
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water, or care for a livestock animal in the person's custody; |
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(3) abandons unreasonably a livestock animal in the |
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person's custody; |
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(4) transports or confines a livestock animal in a |
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cruel and unusual manner; |
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(5) without legal authority or the owner's effective |
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consent, administers poison to or causes bodily injury to a |
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livestock animal[, other than cattle, horses, sheep, swine, or
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goats, belonging to another without legal authority or the owner's
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effective consent]; |
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(6) trains, conditions, or causes one livestock animal |
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to fight with another livestock animal or with an animal as defined |
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by Section 42.092; |
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(7) uses a live livestock animal as a lure in dog race |
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training or in dog coursing on a racetrack; |
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(8) trips a horse; or |
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(9) seriously overworks a livestock animal. |
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(f) It is an exception to the application of this section |
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that the conduct engaged in by the actor is a generally accepted and |
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otherwise lawful: |
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(1) form of conduct occurring solely for the purpose |
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of or in support of: |
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(A) fishing, hunting, or trapping; or |
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(B) wildlife management, wildlife or depredation |
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control, or shooting preserve practices as regulated by state and |
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federal law; or |
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(2) animal husbandry, ranching, or agriculture |
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practice involving livestock animals. |
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SECTION 2. Section 42.092(a)(2), Penal Code, is amended to |
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read as follows: |
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(2) "Animal" means a nonhuman mammal, bird, or captive |
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amphibian or reptile [domesticated living creature, including any
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stray or feral cat or dog, and a wild living creature previously
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captured]. The term does not include [an uncaptured wild living
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creature or] a livestock animal. |
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SECTION 3. Sections 42.092(b) and (f), Penal Code, are |
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amended to read as follows: |
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(b) A person commits an offense if the person intentionally, |
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knowingly, or recklessly: |
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(1) tortures an animal or in a cruel manner kills or |
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causes serious bodily injury to an animal; |
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(2) without legal authority or the owner's effective |
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consent, kills, administers poison to, or causes [serious] bodily |
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injury to an animal; |
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(3) fails unreasonably to provide necessary food, |
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water, care, or shelter for an animal in the person's custody; |
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(4) abandons unreasonably an animal in the person's |
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custody; |
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(5) transports or confines an animal in a cruel |
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manner; |
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(6) trains, conditions, or [without the owner's
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effective consent, causes bodily injury to an animal;
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[(7)] causes one animal to fight with another animal, |
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if either animal is not a dog; |
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(7) [(8)] uses a live animal as a lure in dog race |
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training or in dog coursing on a racetrack; or |
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(8) [(9)] seriously overworks an animal. |
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(f) It is an exception to the application of this section |
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that the conduct engaged in by the actor is a generally accepted and |
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otherwise lawful: |
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(1) form of conduct occurring solely for the purpose |
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of or in support of: |
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(A) fishing, hunting, or trapping; or |
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(B) wildlife management, wildlife or depredation |
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control, or shooting preserve practices as regulated by state and |
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federal law; [or] |
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(2) animal husbandry or agriculture practice |
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involving livestock animals; or |
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(3) activity to control common household vermin or |
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rodents. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date |
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of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 5. This Act takes effect September 1, 2013. |