Texas 2009 - 81st Regular

Texas House Bill HB1395 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5478 GCB-F
2	2	By: Farrar H.B. No. 1395
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the offenses of cruelty to livestock animals and
8	8	cruelty to nonlivestock animals.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 42.09(a) and (f), Penal Code, are
11	11	amended to read as follows:
12	12	(a) A person commits an offense if the person intentionally,
13	13	[or] knowingly, or recklessly:
14	14	(1) tortures a livestock animal;
15	15	(2) fails unreasonably to provide necessary food,
16	16	water, or care for a livestock animal in the person's custody;
17	17	(3) abandons unreasonably a livestock animal in the
18	18	person's custody;
19	19	(4) transports or confines a livestock animal in a
20	20	cruel and unusual manner;
21	21	(5) without legal authority or the owner's effective
22	22	consent, administers poison to or causes bodily injury to a
23	23	livestock animal[, other than cattle, horses, sheep, swine, or
24	24	goats, belonging to another without legal authority or the owner's
25	25	effective consent];
26	26	(6) trains, conditions, or causes one livestock animal
27	27	to fight with another livestock animal or with an animal as defined
28	28	by Section 42.092;
29	29	(7) uses a live livestock animal as a lure in dog race
30	30	training or in dog coursing on a racetrack;
31	31	(8) trips a horse; or
32	32	(9) seriously overworks a livestock animal.
33	33	(f) It is a defense to prosecution under [an exception to
34	34	the application of] this section that the conduct engaged in by the
35	35	actor is a generally accepted and otherwise lawful:
36	36	(1) form of conduct occurring solely for the purpose
37	37	of or in support of:
38	38	(A) fishing, hunting, or trapping; or
39	39	(B) wildlife management, wildlife or depredation
40	40	control, or shooting preserve practices as regulated by state and
41	41	federal law; or
42	42	(2) animal husbandry, ranching, or agriculture
43	43	practice involving livestock animals.
44	44	SECTION 2. Section 42.092(a)(2), Penal Code, is amended to
45	45	read as follows:
46	46	(2) "Animal" means a nonhuman mammal, bird, or captive
47	47	amphibian or reptile [domesticated living creature, including any
48	48	stray or feral cat or dog, and a wild living creature previously
49	49	captured]. The term does not include [an uncaptured wild living
50	50	creature or] a livestock animal.
51	51	SECTION 3. Sections 42.092(b) and (f), Penal Code, are
52	52	amended to read as follows:
53	53	(b) A person commits an offense if the person intentionally,
54	54	knowingly, or recklessly:
55	55	(1) tortures an animal or in a cruel manner kills or
56	56	causes serious bodily injury to an animal;
57	57	(2) without the owner's effective consent, kills,
58	58	administers poison to, or causes [serious] bodily injury to an
59	59	animal;
60	60	(3) fails unreasonably to provide necessary food,
61	61	water, care, or shelter for an animal in the person's custody;
62	62	(4) abandons unreasonably an animal in the person's
63	63	custody;
64	64	(5) transports or confines an animal in a cruel
65	65	manner;
66	66	(6) trains, conditions, or [without the owner's
67	67	effective consent, causes bodily injury to an animal;
68	68	[(7)] causes one animal to fight with another animal,
69	69	if either animal is not a dog;
70	70	(7) [(8)] uses a live animal as a lure in dog race
71	71	training or in dog coursing on a racetrack; or
72	72	(8) [(9)] seriously overworks an animal.
73	73	(f) It is a defense to prosecution under [an exception to
74	74	the application of] this section that the conduct engaged in by the
75	75	actor is a generally accepted and otherwise lawful:
76	76	(1) form of conduct occurring solely for the purpose
77	77	of or in support of:
78	78	(A) fishing, hunting, or trapping; or
79	79	(B) wildlife management, wildlife or depredation
80	80	control, or shooting preserve practices as regulated by state and
81	81	federal law; [or]
82	82	(2) animal husbandry or agriculture practice
83	83	involving livestock animals; or
84	84	(3) activity to control common household vermin or
85	85	rodents.
86	86	SECTION 4. The change in law made by this Act applies only
87	87	to an offense committed on or after the effective date of this Act.
88	88	An offense committed before the effective date of this Act is
89	89	covered by the law in effect when the offense was committed, and the
90	90	former law is continued in effect for that purpose. For purposes of
91	91	this section, an offense was committed before the effective date of
92	92	this Act if any element of the offense was committed before that
93	93	date.
94	94	SECTION 5. This Act takes effect September 1, 2009.