| 1 | 1 | | 81R5790 GCB-D |
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| 2 | 2 | | By: Laubenberg H.B. No. 1704 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the punishment of the offense of cruelty to animals. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 42.092(c), Penal Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (c) An offense under Subsection (b)(3), (4), (5), (6), or |
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| 12 | 12 | | (9) is a Class A misdemeanor, except that the offense is a state |
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| 13 | 13 | | jail felony if the person has previously been convicted one or more |
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| 14 | 14 | | [two] times under this section or one or more [, two] times under |
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| 15 | 15 | | Section 42.09[, or one time under this section and one time under |
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| 16 | 16 | | Section 42.09]. An offense under Subsection (b)(1), (2), (7), or |
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| 17 | 17 | | (8) is a state jail felony, except that the offense is a felony of |
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| 18 | 18 | | the third degree if the person has previously been convicted one or |
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| 19 | 19 | | more [two] times under this section or one or more [, two] times |
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| 20 | 20 | | under Section 42.09[, or one time under this section and one time |
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| 21 | 21 | | under Section 42.09]. |
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| 22 | 22 | | SECTION 2. The change in law made by this Act applies only |
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| 23 | 23 | | to an offense committed on or after the effective date of this Act. |
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| 24 | 24 | | An offense committed before the effective date of this Act is |
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| 25 | 25 | | covered by the law in effect when the offense was committed, and the |
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| 26 | 26 | | former law is continued in effect for that purpose. For purposes of |
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| 27 | 27 | | this section, an offense was committed before the effective date of |
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| 28 | 28 | | this Act if any element of the offense was committed before that |
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| 29 | 29 | | date. |
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| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2009. |
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