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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the criminal offense of trespass in a |
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facility housing an animal and to restitution for property damage |
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resulting from that trespass. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 30, Penal Code, is amended by adding |
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Section 30.08 to read as follows: |
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Sec. 30.08. TRESPASS IN FACILITY HOUSING AN ANIMAL. (a) In |
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this section, "harass" means to engage in any act that: |
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(1) demonstrates a disregard for the well-being of an |
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animal; or |
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(2) disrupts the normal behavior patterns of an |
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animal, including disrupting the animal's feeding, watering, |
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resting, or breeding. |
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(b) A person commits an offense if the person enters an |
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indoor or outdoor facility housing an animal that is operated for |
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the purpose of public visitation, conservation, education, or |
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science, including a zoo, and the person: |
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(1) enters a cage, enclosure, or other area where an |
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animal is exhibited or housed; and |
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(2) knows the person has no legal authority, license, |
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or permission to enter. |
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(c) An offense under this section is a state jail felony, |
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except that the offense is a felony of the third degree if it is |
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shown on the trial of the offense that: |
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(1) the actor harassed the animal; and |
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(2) the animal suffered injury or death. |
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(d) It is a defense to prosecution under this section that |
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the person entered the cage, enclosure, or other area to aid another |
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person or an animal located in the cage, enclosure, or other area. |
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(e) It is not a defense to prosecution under this section |
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that: |
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(1) entry to the cage, enclosure, or other area where |
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the animal was exhibited or housed was not sufficiently guarded, |
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locked, or made otherwise inaccessible; or |
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(2) injury to the animal was necessary to protect the |
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person from injury or death. |
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SECTION 2. Article 42.037, Code of Criminal Procedure, is |
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amended by adding Subsection (y) to read as follows: |
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(y) If a defendant is convicted of an offense under Section |
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30.08, Penal Code, the court shall order the defendant to make |
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restitution to the facility for the cost of any damage, loss, or |
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destruction as a result of the offense, including the injury or |
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death of the animal. |
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SECTION 3. This Act takes effect September 1, 2025. |