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               A BILL TO BE ENTITLED
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               AN ACT
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            relating to creating the criminal offense of possession of an  | 
         
         
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            animal by a person who has been previously convicted of an offense  | 
         
         
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            involving animal cruelty. | 
         
         
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                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
         
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                   SECTION 1.  Chapter 42, Penal Code, is amended by adding  | 
         
         
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            Section 42.107 to read as follows: | 
         
         
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                   Sec. 42.107.  POSSESSION OF ANIMAL BY PERSON CONVICTED OF  | 
         
         
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            ANIMAL CRUELTY.  (a)  A person commits an offense if the person: | 
         
         
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                         (1)  possesses or exercises control over an animal; and | 
         
         
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                         (2)  within the five-year period preceding the date of  | 
         
         
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            the instant offense, has been previously convicted of an offense  | 
         
         
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            under: | 
         
         
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                               (A)  Section 42.091, 42.092, or 42.10; or | 
         
         
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                               (B)  federal law or a penal law of another state  | 
         
         
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            containing elements that are substantially similar to the elements  | 
         
         
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            of an offense described by Paragraph (A). | 
         
         
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                   (b)  An offense under this section is a Class C misdemeanor,  | 
         
         
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            except that the offense is a Class B misdemeanor if the defendant  | 
         
         
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            has been previously convicted of an offense under this section. | 
         
         
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                   SECTION 2.  This Act takes effect September 1, 2023. |