Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB401 by Villalba (Relating to civil or criminal liability for leaving certain animals unattended in or removing certain individuals or animals from a motor vehicle.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Penal Code as it relates to the offense of cruelty to non-livestock animals. Under the provisions of the bill, leaving an animal unattended in a motor vehicle under certain circumstances would be punishable as a Class A misdemeanor or a state jail felony with the punishment based on the number of previous convictions. The Office of Court Administration indicates the provisions of the bill could be implemented within existing resources.
This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources. The bill would take effect on September 1, 2017 and apply only to offenses committed on or after the effective date of the Act.
Local Government Impact
A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication.
A Class C misdemeanor is punishable by a fine of not more than $500. Costs associated with enforcement and prosecution could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal impact. In addition to the fine, punishment can include up to 180 days deferred disposition.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice