85R15164 KJE-F
By: Moody, Minjarez, Farrar, Villalba, H.B. No. 1357
et al.
Substitute the following for H.B. No. 1357:
By: Moody C.S.H.B. No. 1357
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of offenses involving cruelty to
animals; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.092, Penal Code, is amended by
amending Subsections (c) and (f) and adding Subsections (c-1) and
(c-2) to read as follows:
(c) An offense under Subsection (b)(3), (4), (5), (6), or
(9) is a Class A misdemeanor, except that the offense is a state
jail felony if the person has previously been convicted [two times]
under this section[, two times under Section 42.09,] or [one time
under this section and one time] under Section 42.09.
(c-1) An offense under Subsection (b)(1) or[,] (2) is a
felony of the third degree, except that the offense is a felony of
the second degree if the person has previously been convicted under
Subsection (b)(1), (2), (7), or (8) or under Section 42.09.
(c-2) An offense under Subsection (b)(7)[, (7),] or (8) is a
state jail felony, except that the offense is a felony of the third
degree if the person has previously been convicted [two times]
under this section[, two times under Section 42.09,] or [one time
under this section and one time] under Section 42.09.
(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.
SECTION 2. Section 822.013, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) It is not a defense to prosecution under Section 42.092,
Penal Code, that the actor's conduct was authorized under this
section.
SECTION 3. Section 821.023(b), Health and Safety Code, is
repealed.
SECTION 4. The changes in law made by this Act apply 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 governed
by the law in effect on the date 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 occurred before that date.
SECTION 5. This Act takes effect September 1, 2017.