S.B. No. 762
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 Subsection (c) 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.
SECTION 2. Section 821.023(b), Health and Safety Code, is
repealed.
SECTION 3. 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 4. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 762 passed the Senate on
May 3, 2017, by the following vote: Yeas 24, Nays 7;
May 26, 2017, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 26, 2017, House
granted request of the Senate; May 28, 2017, Senate adopted
Conference Committee Report by the following vote: Yeas 27,
Nays 4.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 762 passed the House, with
amendments, on May 24, 2017, by the following vote: Yeas 126,
Nays 20, one present not voting; May 26, 2017, House granted
request of the Senate for appointment of Conference Committee;
May 28, 2017, House adopted Conference Committee Report by the
following vote: Yeas 117, Nays 28, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor