Texas House Bill HB708

Texas 2021 - 87th Regular

Caption

Relating to creating the criminal offense of possession of an animal by a person who has been previously convicted of an offense involving animal cruelty.

Impact

This legislation amends Chapter 42 of the Penal Code by adding Section 42.107, which establishes specific penalties for violating this law. Initially, the offense is classified as a Class C misdemeanor; however, if the individual has been convicted of this offense previously, it escalates to a Class B misdemeanor. The differentiation in penalties is intended to create a deterrent effect for repeat offenders, sending a clear message about the seriousness of animal cruelty and the implications for violating animal possession laws.

Summary

House Bill 708 seeks to address the issue of animal cruelty by introducing a new criminal offense for individuals who have been previously convicted of animal cruelty offenses and who possess or control an animal. This measure aims to prevent individuals with a history of harming animals from owning or being in proximity to animals, thereby promoting animal welfare and protecting public interest. The bill specifies that possession or control over an animal constitutes an offense if the individual has prior convictions under certain sections of the Penal Code or equivalent federal or out-of-state laws.

Contention

While the bill aims to enhance protections for animals by restricting possession rights for certain offenders, it may raise concerns regarding enforcement and the definition of possession or control. Critics might argue about the practical implications of monitoring possession and the extent of control that could lead to prosecution. Additionally, discussions surrounding the bill may involve the potential for unintended consequences, such as violations arising in cases where individuals are unaware of the presence of animals in their households or among family members.