| 1 | 1 | | By: Farrar H.B. No. 3900 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to increasing the criminal penalty of cruelty to |
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| 7 | 7 | | nonlivestock 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 Penal Code, is amended to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | Section 42.092. CRUELTY TO NONLIVESTOCK ANIMALS |
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| 12 | 12 | | (a) (9) "Deadly Weapon" has the meaning assigned by Section |
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| 13 | 13 | | 1.07 (a) (17)(A) & (B) |
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| 14 | 14 | | (c) An offense under Subsection (b) (3), (4), (5), (6), or |
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| 15 | 15 | | (9) is a Class A misdemeanor, except that the offense is a state |
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| 16 | 16 | | jail felony if the person has previously been convicted two times |
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| 17 | 17 | | under this section, two times under Section 42.09, or one time under |
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| 18 | 18 | | this section and one time under Section 42.09, or intentionally or |
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| 19 | 19 | | knowingly committed the offense with the use of a deadly weapon. |
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| 20 | 20 | | (c-1) An offense under Subsection (b) (1) or (2) is a felony |
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| 21 | 21 | | of a third degree, except that the offense is a felony of the second |
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| 22 | 22 | | degree if the person has a previously been convicted under |
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| 23 | 23 | | Subsection (b)(1), (2), (7), or (8) or under Section 42.09, or |
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| 24 | 24 | | intentionally or knowingly committed the offense with the use of a |
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| 25 | 25 | | deadly weapon. |
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| 26 | 26 | | (c-2) An offense under Subsection (b)(7) or (8) is a state |
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| 27 | 27 | | jail felony , except that the offense is a felony of the third |
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| 28 | 28 | | degree if the person has previously been convicted under this |
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| 29 | 29 | | section or under Section 42.09, or intentionally or knowingly |
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| 30 | 30 | | committed the offense with the use of a deadly weapon. |
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| 31 | 31 | | Section 2. This Act takes effect September 1, 2019. |
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