BILL ANALYSIS

Senate Research Center	H.B. 285
89R2415 EAS-D	By: Ordaz et al. (West)
	Criminal Justice
	5/16/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Families throughout Texas have experienced the loss of a beloved companion animal due to criminally negligent behavior. Criminal negligence occurs when a person fails to recognize a substantial risk of harm to others, or ignores a known or obvious risk that leads to serious injury or death. Abuse may happen even when not intentional, and pets in Texas die or become seriously injured every year due to the negligence of people. This matter was brought to the attention of the author during her time on the El Paso City Council. A constituent's dog was negligently killed by an unlicensed groomer on their wedding day.

Criminal negligence is an offense that involves a breach of an objective standard of behavior expected of a defendant. A person's actions would need to be deemed to be so risky for the life and safety of the animal involved that a reasonable and ordinary person would have acted differently to avoid such harm. The basis of criminal negligence is the highest level of culpability so such an offense is held to a higher standard than intentional, knowing, or reckless actions. H.B. 285 amends the Texas Penal Code's Cruelty to Non-livestock Animals Statute by adding criminal negligence as an offense. This will allow for additional acts of cruelty that are not covered by the code to be a criminal offense, exempting veterinarians and their assistants from this offense when they are practicing veterinary medicine.

H.B. 285 amends current law relating to the prosecution of the offense of cruelty to nonlivestock animals.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 42.092, Penal Code, by amending Subsection (b) and adding Subsection (d-1), as follows:

(b) Provides that a person commits an offense if the person intentionally, knowingly, recklessly, or with criminal negligence takes certain actions with animals.

(d-1) Provides that it is a defense to prosecution for alleged criminal negligence that the conduct occurred during the actual discharge of the actor's duties while employed as a veterinarian licensed under Chapter 801 (Veterinarians), Occupations Code, or as a person assisting the veterinarian.

SECTION 2.� Makes application of this Act prospective.

SECTION 3.� Effective date: September 1, 2025.