Texas 2019 - 86th Regular

Texas Senate Bill SB1884 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Kolkhorst S.B. No. 1884
2		-	(Springer)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the protection of animal and crop facilities; creating
8	7		a criminal offense.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Title 8, Agriculture Code, is amended by adding
11	10		Chapter 252 to read as follows:
12	11		CHAPTER 252. ANIMAL AND CROP FACILITIES
13	12		Sec. 252.001. DEFINITIONS. In this chapter:
14	13		(1) "Animal" means poultry, livestock, and other
15	14		domestic and wild animals. The term does not include an animal used
16	15		for illegal gaming.
17	16		(2) "Animal or crop facility" means a facility that is
18	17		used in the agricultural production of animals or crops. The term
19	18		includes:
20	19		(A) a tractor, trailer, farm implement of
21	20		husbandry, building, greenhouse, structure, laboratory, pasture,
22	21		field, paddock, pond, impoundment, or premises where animals or
23	22		crops are located;
24	23		(B) a managed bee colony; and
25	24		(C) a livestock market.
26	25		(3) "Crop" includes a shrub, vine, tree, seedling,
27	26		shoot, slip, or other plant capable of producing food, fiber,
28	27		medicine, nursery stock, floral products, or aesthetic beauty.
29	28		Sec. 252.002. CRIMINAL OFFENSE. (a) Except as provided by
30	29		Subsection (a-1), a person commits an offense if the person:
31	30		(1) intentionally releases, steals, destroys, or
32	31		otherwise causes the loss of an animal or crop from an animal or
33	32		crop facility without the consent of the owner or operator of the
34	33		animal or crop facility;
35	34		(2) damages, vandalizes, or steals any property on or
36	35		from an animal or crop facility;
37	36		(3) breaks and enters into an animal or crop facility
38	37		with the intent to destroy or alter records, data, materials,
39	38		equipment, animals, or crops;
40	39		(4) knowingly obtains control by theft or deception or
41	40		exerts unauthorized control over any materials, equipment,
42	41		animals, or crops of an animal or crop facility for the purpose of
43	42		depriving the owner or operator of the facility or the facility of
44	43		materials, equipment, animals, or crops; or
45	44		(5) enters or remains on an animal or crop facility
46	45		with the intent to commit an act prohibited under this section.
47	46		(a-1) An actor's conduct described by Subsection (a) does
48	47		not constitute an offense under this section if the actor causes a
49	48		loss to the animal or crop facility in an amount less than $500.
50	49		(b) An offense under this section is:
51	50		(1) a Class B misdemeanor if the actor causes a loss to
52	51		the animal or crop facility in an amount of at least $500 but not
53	52		more than $2,500; or
54	53		(2) a Class A misdemeanor if the actor causes a loss to
55	54		the animal or crop facility in an amount more than $2,500.
56	55		(c) Except as provided by Subsection (d), if conduct
57	56		constituting an offense under this section also constitutes an
58	57		offense under another provision of law, the person may be
59	58		prosecuted under either this section or the other provision.
60	59		(d) If conduct that constitutes an offense under this
61	60		section also constitutes a felony under Section 28.03 or 31.03,
62	61		Penal Code, the actor may be prosecuted only under Section 28.03 or
63	62		31.03, Penal Code.
64	63		Sec. 252.003. MANDATORY RESTITUTION. (a) The court shall
65	64		order a defendant convicted of an offense under Section 252.002 to
66	65		pay restitution to the owner or operator of the animal or crop
67	66		facility in an amount equal to the amount of the loss caused by the
68	67		actor, including the value of any animal or crop damaged,
69	68		destroyed, or lost.
70	69		(b) The court shall, after considering the financial
71	70		circumstances of the defendant, specify in a restitution order
72	71		issued under Subsection (a) the manner in which the defendant must
73	72		pay the restitution.
74	73		(c) A restitution order issued under Subsection (a) may be
75	74		enforced by the state or a victim named in the order to receive the
76	75		restitution in the same manner as a judgment in a civil action. A
77	76		victim may recover court costs and reasonable attorney's fees
78	77		incurred in enforcing a restitution order as provided by this
79	78		subsection.
80	79		(d) The court may hold a hearing, make findings of fact, and
81	80		amend a restitution order issued under Subsection (a) if the
82	81		defendant fails to pay the victim named in the order in the manner
83	82		specified by the court.
84	83		Sec. 252.004. INJUNCTIVE RELIEF. (a) The owner or
85	84		operator of an animal or crop facility may bring an action for
86	85		injunctive relief against a person who engages or threatens to
87	86		engage in conduct that constitutes an offense under Section
88	87		252.002.
89	88		(b) The action may be brought in a district court in a county
90	89		in which any part of the conduct or threatened conduct occurs.
91	90		(c) The court may grant any appropriate injunctive relief to
92	91		prevent or abate the conduct or threatened conduct, including a
93	92		temporary restraining order, temporary injunction, or permanent
94	93		injunction.
95	94		SECTION 2. This Act takes effect September 1, 2019.