81R5478 GCB-F
By: Farrar H.B. No. 1395
A BILL TO BE ENTITLED
AN ACT
relating to the offenses of cruelty to livestock animals and
cruelty to nonlivestock animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 42.09(a) and (f), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person intentionally,
[or] knowingly, or recklessly:
(1) tortures a livestock animal;
(2) fails unreasonably to provide necessary food,
water, or care for a livestock animal in the person's custody;
(3) abandons unreasonably a livestock animal in the
person's custody;
(4) transports or confines a livestock animal in a
cruel and unusual manner;
(5) without legal authority or the owner's effective
consent, administers poison to or causes bodily injury to a
livestock animal[, other than cattle, horses, sheep, swine, or
goats, belonging to another without legal authority or the owner's
effective consent];
(6) trains, conditions, or causes one livestock animal
to fight with another livestock animal or with an animal as defined
by Section 42.092;
(7) uses a live livestock animal as a lure in dog race
training or in dog coursing on a racetrack;
(8) trips a horse; or
(9) seriously overworks a livestock animal.
(f) It is a defense to prosecution under [an exception to
the application of] this section that the conduct engaged in by the
actor is a generally accepted and otherwise lawful:
(1) form of conduct occurring solely for the purpose
of or in support of:
(A) fishing, hunting, or trapping; or
(B) wildlife management, wildlife or depredation
control, or shooting preserve practices as regulated by state and
federal law; or
(2) animal husbandry, ranching, or agriculture
practice involving livestock animals.
SECTION 2. Section 42.092(a)(2), Penal Code, is amended to
read as follows:
(2) "Animal" means a nonhuman mammal, bird, or captive
amphibian or reptile [domesticated living creature, including any
stray or feral cat or dog, and a wild living creature previously
captured]. The term does not include [an uncaptured wild living
creature or] a livestock animal.
SECTION 3. Sections 42.092(b) and (f), Penal Code, are
amended to read as follows:
(b) A person commits an offense if the person intentionally,
knowingly, or recklessly:
(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) trains, conditions, or [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;
(7) [(8)] uses a live animal as a lure in dog race
training or in dog coursing on a racetrack; or
(8) [(9)] seriously overworks an animal.
(f) It is a defense to prosecution under [an exception to
the application of] this section that the conduct engaged in by the
actor is a generally accepted and otherwise lawful:
(1) form of conduct occurring solely for the purpose
of or in support of:
(A) fishing, hunting, or trapping; or
(B) wildlife management, wildlife or depredation
control, or shooting preserve practices as regulated by state and
federal law; [or]
(2) animal husbandry or agriculture practice
involving livestock animals; or
(3) activity to control common household vermin or
rodents.
SECTION 4. 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
covered by the law in effect when 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 was committed before that
date.
SECTION 5. This Act takes effect September 1, 2009.