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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: |
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(A) a tractor, trailer, farm implement of |
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husbandry, building, greenhouse, structure, laboratory, pasture, |
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field, paddock, pond, impoundment, or premises where animals or |
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crops are located; |
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(B) a managed bee colony; and |
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(C) a livestock market. |
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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) Except as provided by |
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Subsection (b), a person commits an 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 or alter records, data, materials, |
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equipment, 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 materials, equipment, |
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animals, or crops of an animal or crop facility for the purpose of |
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depriving the owner or operator of the facility or the facility of |
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materials, equipment, animals, or crops; or |
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(5) 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 actor's conduct described by Subsection (a) does not |
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constitute an offense under this section if the actor causes a loss |
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to the animal or crop facility in an amount less than $500. |
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(c) An offense under this section is: |
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(1) a Class B misdemeanor if the actor causes a loss to |
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the animal or crop facility in an amount of at least $500 but not |
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more than $2,500; or |
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(2) a Class A misdemeanor if the actor causes a loss to |
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the animal or crop facility in an amount more than $2,500. |
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(d) Except as provided by Subsection (e), 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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(e) 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 the amount of the loss caused by the |
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actor, including the value of any animal or crop damaged, |
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destroyed, or lost. |
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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. A |
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victim may recover court costs and reasonable attorney's fees |
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incurred in enforcing a restitution order as provided by this |
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subsection. |
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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 |
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operator of an animal or crop facility may bring an action for |
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injunctive relief against a person who engages or threatens to |
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engage in conduct that constitutes an offense under Section |
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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, 2021. |