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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of offenses involving cruelty to |
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animals; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.092, Penal Code, is amended by |
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amending Subsections (c) and (f) and adding Subsections (c-1) and |
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(c-2) to read as follows: |
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(c) An offense under Subsection (b)(3), (4), (5), (6), or |
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(9) is a Class A misdemeanor, except that the offense is a state |
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jail felony if the person has previously been convicted [two times] |
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under this section[, two times under Section 42.09,] or [one time
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under this section and one time] under Section 42.09. |
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(c-1) An offense under Subsection (b)(1) or[,] (2) is a |
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felony of the third degree, except that the offense is a felony of |
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the second degree if the person has previously been convicted under |
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Subsection (b)(1), (2), (7), or (8) or under Section 42.09. |
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(c-2) An offense under Subsection (b)(7)[, (7),] or (8) is a |
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state jail felony, except that the offense is a felony of the third |
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degree if the person has previously been convicted [two times] |
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under this section[, two times under Section 42.09,] or [one time
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under this section and one time] under Section 42.09. |
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(f) It is a defense to prosecution under [an exception to
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the application of] this section that the conduct engaged in by the |
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actor is a generally accepted and 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. |
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SECTION 2. Section 822.013, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) It is not a defense to prosecution under Section 42.092, |
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Penal Code, that the actor's conduct was authorized under this |
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section. |
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SECTION 3. Section 821.023(b), Health and Safety Code, is |
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repealed. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date 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 occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2017. |
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* * * * * |