By: Vasut, Cain H.B. No. 3660
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a defense to prosecution for the offense of cruelty to
  nonlivestock animals under certain circumstances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.092(a), Penal Code, is amended by
  adding Subdivisions (9) and (10) to read as follows:
               (9)  "Trap-Neuter-Return Program" means a nonlethal
  population control practice in which an animal is:
                     (A)  trapped;
                     (B)  evaluated by a veterinarian;
                     (C)  if unvaccinated, vaccinated by a
  veterinarian;
                     (D)  if unsterilized, sterilized by a
  veterinarian;
                     (E)  marked by a veterinarian, whether by notching
  or tipping one ear or otherwise; and
                     (F)  returned to the trap location.
               (10)  "Veterinarian" shall have the same meaning as
  set forth in Section 801.002, Occupations Code.
         SECTION 2.  Section 42.092, Penal Code, is amended by adding
  Subsections (e-1) and (e-2) to read as follows:
         (e-1)  It is a defense to prosecution under Subsection (b)(4)
  that the actor released or returned a stray or feral animal which is
  not a wild living creature pursuant to a Trap-Neuter-Return
  Program.
         (e-2)  It is a defense to prosecution under Subsection (b)(4)
  that the actor released or returned a previously trapped wild
  living creature in accordance with Texas wildlife laws and
  regulations.
         SECTION 3.  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 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.