H.B. No. 1480
 
 
 
 
AN ACT
  relating to the protection of animal and crop facilities; creating
  a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 8, Agriculture Code, is amended by adding
  Chapter 252 to read as follows:
  CHAPTER 252. ANIMAL AND CROP FACILITIES
         Sec. 252.001.  DEFINITIONS. In this chapter:
               (1)  "Animal" means poultry, livestock, and other
  domestic and wild animals.  The term does not include an animal used
  for illegal gaming.
               (2)  "Animal or crop facility" means a facility that is
  used in the agricultural production of animals or crops. The term
  includes:
                     (A)  a tractor, trailer, farm implement of
  husbandry, building, greenhouse, structure, laboratory, pasture,
  field, paddock, pond, impoundment, or premises where animals or
  crops are located;
                     (B)  a managed bee colony; and
                     (C)  a livestock market.
               (3)  "Crop" includes a shrub, vine, tree, seedling,
  shoot, slip, or other plant capable of producing food, fiber,
  medicine, nursery stock, floral products, or aesthetic beauty.
         Sec. 252.002.  CRIMINAL OFFENSE. (a)  Except as provided by
  Subsection (b), a person commits an offense if the person:
               (1)  intentionally releases, steals, destroys, or
  otherwise causes the loss of an animal or crop from an animal or
  crop facility without the consent of the owner or operator of the
  animal or crop facility;
               (2)  damages, vandalizes, or steals any property on or
  from an animal or crop facility;
               (3)  breaks and enters into an animal or crop facility
  with the intent to destroy or alter records, data, materials,
  equipment, animals, or crops; or
               (4)  enters or remains on an animal or crop facility
  with the intent to commit an act prohibited under this section.
         (b)  An actor's conduct described by Subsection (a) does not
  constitute an offense under this section if the actor causes a loss
  to the animal or crop facility in an amount less than $500.
         (c)  An offense under this section is:
               (1)  a Class B misdemeanor if the actor causes a loss to
  the animal or crop facility in an amount of at least $500 but not
  more than $2,500; or
               (2)  a Class A misdemeanor if the actor causes a loss to
  the animal or crop facility in an amount more than $2,500.
         (d)  Except as provided by Subsection (e), if conduct
  constituting an offense under this section also constitutes an
  offense under another provision of law, the person may be
  prosecuted under either this section or the other provision.
         (e)  If conduct that constitutes an offense under this
  section also constitutes a felony under Section 28.03 or 31.03,
  Penal Code, the actor may be prosecuted only under Section 28.03 or
  31.03, Penal Code.
         Sec. 252.003.  MANDATORY RESTITUTION. (a)  The court shall
  order a defendant convicted of an offense under Section 252.002 to
  pay restitution to the owner or operator of the animal or crop
  facility in an amount equal to the amount of the loss caused by the
  actor, including the value of any animal or crop damaged,
  destroyed, or lost.
         (b)  The court shall, after considering the financial
  circumstances of the defendant, specify in a restitution order
  issued under Subsection (a) the manner in which the defendant must
  pay the restitution.
         (c)  A restitution order issued under Subsection (a) may be
  enforced by the state or a victim named in the order to receive the
  restitution in the same manner as a judgment in a civil action.  A
  victim may recover court costs and reasonable attorney's fees
  incurred in enforcing a restitution order as provided by this
  subsection.
         (d)  The court may hold a hearing, make findings of fact, and
  amend a restitution order issued under Subsection (a) if the
  defendant fails to pay the victim named in the order in the manner
  specified by the court.
         Sec. 252.004.  INJUNCTIVE RELIEF. (a)  The owner or
  operator of an animal or crop facility may bring an action for
  injunctive relief against a person who engages or threatens to
  engage in conduct that constitutes an offense under Section
  252.002.
         (b)  The action may be brought in a district court in a county
  in which any part of the conduct or threatened conduct occurs.
         (c)  The court may grant any appropriate injunctive relief to
  prevent or abate the conduct or threatened conduct, including a
  temporary restraining order, temporary injunction, or permanent
  injunction.
         SECTION 2.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1480 was passed by the House on May
  14, 2021, by the following vote:  Yeas 136, Nays 8, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1480 on May 28, 2021, by the following vote:  Yeas 136, Nays 9,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1480 was passed by the Senate, with
  amendments, on May 27, 2021, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor