|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the prosecution of offenses involving cruelty to |
|
animals; increasing a criminal penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 42.092, Penal Code, is amended by |
|
amending Subsections (c) and (f) and adding Subsections (c-1) and |
|
(c-2) to read as follows: |
|
(c) An offense under Subsection (b)(3), (4), (5), (6), or |
|
(9) is a Class A misdemeanor, except that the offense is a state |
|
jail felony if the person has previously been convicted [two times] |
|
under this section[, two times under Section 42.09,] or [one time
|
|
under this section and one time] under Section 42.09. |
|
(c-1) An offense under Subsection (b)(1) or[,] (2) is a |
|
felony of the third degree, except that the offense is a felony of |
|
the second degree if the person has previously been convicted under |
|
Subsection (b)(1), (2), (7), or (8) or under Section 42.09. |
|
(c-2) An offense under Subsection (b)(7)[, (7),] or (8) is a |
|
state jail felony, except that the offense is a felony of the third |
|
degree if the person has previously been convicted [two times] |
|
under this section[, two times under Section 42.09,] or [one time
|
|
under this section and one time] under Section 42.09. |
|
(f) It is a defense to prosecution 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) form of conduct occurring solely for the purpose |
|
of or in support of: |
|
(A) fishing, hunting, or trapping; or |
|
(B) wildlife management, wildlife or depredation |
|
control, or shooting preserve practices as regulated by state and |
|
federal law; or |
|
(2) animal husbandry or agriculture practice |
|
involving livestock animals. |
|
SECTION 2. Section 822.013, Health and Safety Code, is |
|
amended by adding Subsection (f) to read as follows: |
|
(f) It is not a defense to prosecution under Section 42.092, |
|
Penal Code, that the actor's conduct was authorized under this |
|
section. |
|
SECTION 3. Section 821.023(b), Health and Safety Code, is |
|
repealed. |
|
SECTION 4. The changes in law made by this Act apply 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 governed |
|
by the law in effect on the date 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 occurred before that date. |
|
SECTION 5. This Act takes effect September 1, 2017. |