| 1 | 1 | | 85R15164 KJE-F |
|---|
| 2 | 2 | | By: Moody, Minjarez, Farrar, Villalba, H.B. No. 1357 |
|---|
| 3 | 3 | | et al. |
|---|
| 4 | 4 | | Substitute the following for H.B. No. 1357: |
|---|
| 5 | 5 | | By: Moody C.S.H.B. No. 1357 |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | A BILL TO BE ENTITLED |
|---|
| 9 | 9 | | AN ACT |
|---|
| 10 | 10 | | relating to the prosecution of offenses involving cruelty to |
|---|
| 11 | 11 | | animals; increasing a criminal penalty. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Section 42.092, Penal Code, is amended by |
|---|
| 14 | 14 | | amending Subsections (c) and (f) and adding Subsections (c-1) and |
|---|
| 15 | 15 | | (c-2) to read as follows: |
|---|
| 16 | 16 | | (c) An offense under Subsection (b)(3), (4), (5), (6), or |
|---|
| 17 | 17 | | (9) is a Class A misdemeanor, except that the offense is a state |
|---|
| 18 | 18 | | jail felony if the person has previously been convicted [two times] |
|---|
| 19 | 19 | | under this section[, two times under Section 42.09,] or [one time |
|---|
| 20 | 20 | | under this section and one time] under Section 42.09. |
|---|
| 21 | 21 | | (c-1) An offense under Subsection (b)(1) or[,] (2) is a |
|---|
| 22 | 22 | | felony of the third degree, except that the offense is a felony of |
|---|
| 23 | 23 | | the second degree if the person has previously been convicted under |
|---|
| 24 | 24 | | Subsection (b)(1), (2), (7), or (8) or under Section 42.09. |
|---|
| 25 | 25 | | (c-2) An offense under Subsection (b)(7)[, (7),] or (8) is a |
|---|
| 26 | 26 | | state jail felony, except that the offense is a felony of the third |
|---|
| 27 | 27 | | degree if the person has previously been convicted [two times] |
|---|
| 28 | 28 | | under this section[, two times under Section 42.09,] or [one time |
|---|
| 29 | 29 | | under this section and one time] under Section 42.09. |
|---|
| 30 | 30 | | (f) It is a defense to prosecution under [an exception to |
|---|
| 31 | 31 | | the application of] this section that the conduct engaged in by the |
|---|
| 32 | 32 | | actor is a generally accepted and otherwise lawful: |
|---|
| 33 | 33 | | (1) form of conduct occurring solely for the purpose |
|---|
| 34 | 34 | | of or in support of: |
|---|
| 35 | 35 | | (A) fishing, hunting, or trapping; or |
|---|
| 36 | 36 | | (B) wildlife management, wildlife or depredation |
|---|
| 37 | 37 | | control, or shooting preserve practices as regulated by state and |
|---|
| 38 | 38 | | federal law; or |
|---|
| 39 | 39 | | (2) animal husbandry or agriculture practice |
|---|
| 40 | 40 | | involving livestock animals. |
|---|
| 41 | 41 | | SECTION 2. Section 822.013, Health and Safety Code, is |
|---|
| 42 | 42 | | amended by adding Subsection (f) to read as follows: |
|---|
| 43 | 43 | | (f) It is not a defense to prosecution under Section 42.092, |
|---|
| 44 | 44 | | Penal Code, that the actor's conduct was authorized under this |
|---|
| 45 | 45 | | section. |
|---|
| 46 | 46 | | SECTION 3. Section 821.023(b), Health and Safety Code, is |
|---|
| 47 | 47 | | repealed. |
|---|
| 48 | 48 | | SECTION 4. The changes in law made by this Act apply only to |
|---|
| 49 | 49 | | an offense committed on or after the effective date of this Act. An |
|---|
| 50 | 50 | | offense committed before the effective date of this Act is governed |
|---|
| 51 | 51 | | by the law in effect on the date the offense was committed, and the |
|---|
| 52 | 52 | | former law is continued in effect for that purpose. For purposes of |
|---|
| 53 | 53 | | this section, an offense was committed before the effective date of |
|---|
| 54 | 54 | | this Act if any element of the offense occurred before that date. |
|---|
| 55 | 55 | | SECTION 5. This Act takes effect September 1, 2017. |
|---|