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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of animal and crop facilities; creating |
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a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 8, Agriculture Code, is amended by adding |
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Chapter 252 to read as follows: |
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CHAPTER 252. ANIMAL AND CROP FACILITIES |
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Sec. 252.001. DEFINITIONS. In this chapter: |
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(1) "Animal" means poultry, livestock, and other |
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domestic and wild animals. The term does not include an animal used |
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for illegal gaming. |
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(2) "Animal or crop facility" means a facility that is |
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used in the agricultural production of animals or crops. The term |
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includes a vehicle, building, greenhouse, structure, laboratory, |
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pasture, field, paddock, pond, impoundment, or premises where |
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animals or crops are located. |
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(3) "Crop" includes a shrub, vine, tree, seedling, |
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shoot, slip, or other plant capable of producing food, fiber, |
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medicine, nursery stock, floral products, or aesthetic beauty. |
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Sec. 252.002. CRIMINAL OFFENSE. (a) A person commits an |
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offense if the person: |
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(1) intentionally releases, steals, destroys, or |
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otherwise causes the loss of an animal or crop from an animal or |
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crop facility without the consent of the owner or operator of the |
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animal or crop facility; |
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(2) damages, vandalizes, or steals any property on or |
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from an animal or crop facility; |
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(3) breaks and enters into an animal or crop facility |
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with the intent to destroy, alter, duplicate, or obtain |
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unauthorized possession of records, data, materials, equipment, |
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animals, or crops; |
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(4) knowingly obtains control by theft or deception or |
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exerts unauthorized control over any records, data, materials, |
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equipment, animals, or crops of an animal or crop facility for the |
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purpose of depriving the owner or operator of the facility or the |
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facility of records, data, materials, equipment, animals, or crops; |
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(5) possesses or uses records, materials, data, |
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equipment, crops, or animals in any way to copy or reproduce records |
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or data of an animal or crop facility knowing or reasonably |
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believing that the records, data, materials, equipment, animals, or |
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crops have been obtained by theft or deception or without the |
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authorization of the owner or operator of the animal or crop |
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facility; or |
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(6) enters or remains on an animal or crop facility |
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with the intent to commit an act prohibited under this section. |
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(b) An offense under this section is: |
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(1) a Class A misdemeanor if the actor causes a loss to |
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the animal or crop facility in an amount less than $250; or |
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(2) a state jail felony if the actor causes a loss to |
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the animal or crop facility in an amount of $250 or more. |
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(c) Except as provided by Subsection (d), if conduct |
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constituting an offense under this section also constitutes an |
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offense under another provision of law, the person may be |
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prosecuted under either this section or the other provision. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes a felony under Section 28.03 or 31.03, |
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Penal Code, the actor may be prosecuted only under Section 28.03 or |
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31.03, Penal Code. |
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Sec. 252.003. MANDATORY RESTITUTION. (a) The court shall |
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order a defendant convicted of an offense under Section 252.002 to |
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pay restitution to the owner or operator of the animal or crop |
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facility in an amount equal to, as applicable: |
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(1) twice the value of the animal or crop damaged, |
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destroyed, or lost; or |
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(2) the reasonable costs of replacing records, data, |
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materials, equipment, animals, or crops that were damaged, |
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destroyed, or lost or that are unable to be returned. |
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(b) The court shall, after considering the financial |
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circumstances of the defendant, specify in a restitution order |
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issued under Subsection (a) the manner in which the defendant must |
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pay the restitution. |
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(c) A restitution order issued under Subsection (a) may be |
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enforced by the state or a victim named in the order to receive the |
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restitution in the same manner as a judgment in a civil action. |
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(d) The court may hold a hearing, make findings of fact, and |
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amend a restitution order issued under Subsection (a) if the |
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defendant fails to pay the victim named in the order in the manner |
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specified by the court. |
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Sec. 252.004. INJUNCTIVE RELIEF. (a) The owner or operator |
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of an animal or crop facility may bring an action for injunctive |
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relief against a person who engages or threatens to engage in |
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conduct that constitutes an offense under Section 252.002. |
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(b) The action may be brought in a district court in a county |
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in which any part of the conduct or threatened conduct occurs. |
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(c) The court may grant any appropriate injunctive relief to |
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prevent or abate the conduct or threatened conduct, including a |
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temporary restraining order, temporary injunction, or permanent |
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injunction. |
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SECTION 2. This Act takes effect September 1, 2019. |