Texas 2021 - 87th Regular

Texas House Bill HB1480 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1480
	1	+	By: Cyrier (Senate Sponsor - Kolkhorst) H.B. No. 1480
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on Water,
	4	+	Agriculture & Rural Affairs; May 20, 2021, reported adversely,
	5	+	with favorable Committee Substitute by the following vote: Yeas 9,
	6	+	Nays 0; May 20, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1480 By: Kolkhorst
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the protection of animal and crop facilities; creating
6	14		a criminal offense.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Title 8, Agriculture Code, is amended by adding
9	17		Chapter 252 to read as follows:
10	18		CHAPTER 252. ANIMAL AND CROP FACILITIES
11	19		Sec. 252.001. DEFINITIONS. In this chapter:
12	20		(1) "Animal" means poultry, livestock, and other
13	21		domestic and wild animals. The term does not include an animal used
14	22		for illegal gaming.
15	23		(2) "Animal or crop facility" means a facility that is
16	24		used in the agricultural production of animals or crops. The term
17	25		includes:
18	26		(A) a tractor, trailer, farm implement of
19	27		husbandry, building, greenhouse, structure, laboratory, pasture,
20	28		field, paddock, pond, impoundment, or premises where animals or
21	29		crops are located;
22	30		(B) a managed bee colony; and
23	31		(C) a livestock market.
24	32		(3) "Crop" includes a shrub, vine, tree, seedling,
25	33		shoot, slip, or other plant capable of producing food, fiber,
26	34		medicine, nursery stock, floral products, or aesthetic beauty.
27	35		Sec. 252.002. CRIMINAL OFFENSE. (a) Except as provided by
28	36		Subsection (b), a person commits an offense if the person:
29	37		(1) intentionally releases, steals, destroys, or
30	38		otherwise causes the loss of an animal or crop from an animal or
31	39		crop facility without the consent of the owner or operator of the
32	40		animal or crop facility;
33	41		(2) damages, vandalizes, or steals any property on or
34	42		from an animal or crop facility;
35	43		(3) breaks and enters into an animal or crop facility
36	44		with the intent to destroy or alter records, data, materials,
37	45		equipment, animals, or crops; or
38	46		(4) enters or remains on an animal or crop facility
39	47		with the intent to commit an act prohibited under this section.
40	48		(b) An actor's conduct described by Subsection (a) does not
41	49		constitute an offense under this section if the actor causes a loss
42	50		to the animal or crop facility in an amount less than $500.
43	51		(c) An offense under this section is:
44	52		(1) a Class B misdemeanor if the actor causes a loss to
45	53		the animal or crop facility in an amount of at least $500 but not
46	54		more than $2,500; or
47	55		(2) a Class A misdemeanor if the actor causes a loss to
48	56		the animal or crop facility in an amount more than $2,500.
49	57		(d) Except as provided by Subsection (e), if conduct
50	58		constituting an offense under this section also constitutes an
51	59		offense under another provision of law, the person may be
52	60		prosecuted under either this section or the other provision.
53	61		(e) If conduct that constitutes an offense under this
54	62		section also constitutes a felony under Section 28.03 or 31.03,
55	63		Penal Code, the actor may be prosecuted only under Section 28.03 or
56	64		31.03, Penal Code.
57	65		Sec. 252.003. MANDATORY RESTITUTION. (a) The court shall
58	66		order a defendant convicted of an offense under Section 252.002 to
59	67		pay restitution to the owner or operator of the animal or crop
60	68		facility in an amount equal to the amount of the loss caused by the
61	69		actor, including the value of any animal or crop damaged,
62	70		destroyed, or lost.
63	71		(b) The court shall, after considering the financial
64	72		circumstances of the defendant, specify in a restitution order
65	73		issued under Subsection (a) the manner in which the defendant must
66	74		pay the restitution.
67	75		(c) A restitution order issued under Subsection (a) may be
68	76		enforced by the state or a victim named in the order to receive the
69	77		restitution in the same manner as a judgment in a civil action. A
70	78		victim may recover court costs and reasonable attorney's fees
71	79		incurred in enforcing a restitution order as provided by this
72	80		subsection.
73	81		(d) The court may hold a hearing, make findings of fact, and
74	82		amend a restitution order issued under Subsection (a) if the
75	83		defendant fails to pay the victim named in the order in the manner
76	84		specified by the court.
77	85		Sec. 252.004. INJUNCTIVE RELIEF. (a) The owner or
78	86		operator of an animal or crop facility may bring an action for
79	87		injunctive relief against a person who engages or threatens to
80	88		engage in conduct that constitutes an offense under Section
81	89		252.002.
82	90		(b) The action may be brought in a district court in a county
83	91		in which any part of the conduct or threatened conduct occurs.
84	92		(c) The court may grant any appropriate injunctive relief to
85	93		prevent or abate the conduct or threatened conduct, including a
86	94		temporary restraining order, temporary injunction, or permanent
87	95		injunction.
88	96		SECTION 2. This Act takes effect September 1, 2021.
89		-	______________________________ ______________________________
90		-	President of the Senate Speaker of the House
91		-	I certify that H.B. No. 1480 was passed by the House on May
92		-	14, 2021, by the following vote: Yeas 136, Nays 8, 2 present, not
93		-	voting; and that the House concurred in Senate amendments to H.B.
94		-	No. 1480 on May 28, 2021, by the following vote: Yeas 136, Nays 9,
95		-	1 present, not voting.
96		-	______________________________
97		-	Chief Clerk of the House
98		-	I certify that H.B. No. 1480 was passed by the Senate, with
99		-	amendments, on May 27, 2021, by the following vote: Yeas 31, Nays
100		-	0.
101		-	______________________________
102		-	Secretary of the Senate
103		-	APPROVED: __________________
104		-	Date
105		-	__________________
106		-	Governor
	97	+	* * * * *