88R19991 SHH-D

By: Ordaz, Meyer, Leach, Moody, Cook H.B. No. 1203

Substitute the following for H.B. No. 1203:

By: Moody C.S.H.B. No. 1203

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of cruelty to nonlivestock animals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 42.092(b) and (d), Penal Code, are amended to read as follows:

(b) A person commits an offense if the person intentionally, knowingly, [or] recklessly, or with criminal negligence:

(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;

(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;

(3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody;

(4) abandons unreasonably an animal in the person's custody;

(5) transports or confines an animal in a cruel manner;

(6) without the owner's effective consent, causes bodily injury to an animal;

(7) causes one animal to fight with another animal, if either animal is not a dog;

(8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or

(9) seriously overworks an animal.

(d) It is a defense to prosecution under this section that:

(1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; [or]

(2) the actor was engaged in bona fide experimentation for scientific research; or

(3) the actor acted with criminal negligence during the actual discharge of the actor's duties while employed as a veterinarian licensed under Chapter 801, Occupations Code, or as a person assisting the veterinarian.

SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 3. This Act takes effect September 1, 2023.