Texas 2021 - 87th Regular

Texas Senate Bill SB472 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R2415 BEF-D
2	2	By: Kolkhorst S.B. No. 472
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the protection of animal and crop facilities; creating
8	8	a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 8, Agriculture Code, is amended by adding
11	11	Chapter 252 to read as follows:
12	12	CHAPTER 252. ANIMAL AND CROP FACILITIES
13	13	Sec. 252.001. DEFINITIONS. In this chapter:
14	14	(1) "Animal" means poultry, livestock, and other
15	15	domestic and wild animals. The term does not include an animal used
16	16	for illegal gaming.
17	17	(2) "Animal or crop facility" means a facility that is
18	18	used in the agricultural production of animals or crops. The term
19	19	includes:
20	20	(A) a tractor, trailer, farm implement of
21	21	husbandry, building, greenhouse, structure, laboratory, pasture,
22	22	field, paddock, pond, impoundment, or premises where animals or
23	23	crops are located;
24	24	(B) a managed bee colony; and
25	25	(C) a livestock market.
26	26	(3) "Crop" includes a shrub, vine, tree, seedling,
27	27	shoot, slip, or other plant capable of producing food, fiber,
28	28	medicine, nursery stock, floral products, or aesthetic beauty.
29	29	Sec. 252.002. CRIMINAL OFFENSE. (a) Except as provided by
30	30	Subsection (b), a person commits an offense if the person:
31	31	(1) intentionally releases, steals, destroys, or
32	32	otherwise causes the loss of an animal or crop from an animal or
33	33	crop facility without the consent of the owner or operator of the
34	34	animal or crop facility;
35	35	(2) damages, vandalizes, or steals any property on or
36	36	from an animal or crop facility;
37	37	(3) breaks and enters into an animal or crop facility
38	38	with the intent to destroy or alter records, data, materials,
39	39	equipment, animals, or crops;
40	40	(4) knowingly obtains control by theft or deception or
41	41	exerts unauthorized control over any materials, equipment,
42	42	animals, or crops of an animal or crop facility for the purpose of
43	43	depriving the owner or operator of the facility or the facility of
44	44	materials, equipment, animals, or crops; or
45	45	(5) enters or remains on an animal or crop facility
46	46	with the intent to commit an act prohibited under this section.
47	47	(b) An actor's conduct described by Subsection (a) does not
48	48	constitute an offense under this section if the actor causes a loss
49	49	to the animal or crop facility in an amount less than $500.
50	50	(c) An offense under this section is:
51	51	(1) a Class B misdemeanor if the actor causes a loss to
52	52	the animal or crop facility in an amount of at least $500 but not
53	53	more than $2,500; or
54	54	(2) a Class A misdemeanor if the actor causes a loss to
55	55	the animal or crop facility in an amount more than $2,500.
56	56	(d) Except as provided by Subsection (e), if conduct
57	57	constituting an offense under this section also constitutes an
58	58	offense under another provision of law, the person may be
59	59	prosecuted under either this section or the other provision.
60	60	(e) If conduct that constitutes an offense under this
61	61	section also constitutes a felony under Section 28.03 or 31.03,
62	62	Penal Code, the actor may be prosecuted only under Section 28.03 or
63	63	31.03, Penal Code.
64	64	Sec. 252.003. MANDATORY RESTITUTION. (a) The court shall
65	65	order a defendant convicted of an offense under Section 252.002 to
66	66	pay restitution to the owner or operator of the animal or crop
67	67	facility in an amount equal to the amount of the loss caused by the
68	68	actor, including the value of any animal or crop damaged,
69	69	destroyed, or lost.
70	70	(b) The court shall, after considering the financial
71	71	circumstances of the defendant, specify in a restitution order
72	72	issued under Subsection (a) the manner in which the defendant must
73	73	pay the restitution.
74	74	(c) A restitution order issued under Subsection (a) may be
75	75	enforced by the state or a victim named in the order to receive the
76	76	restitution in the same manner as a judgment in a civil action. A
77	77	victim may recover court costs and reasonable attorney's fees
78	78	incurred in enforcing a restitution order as provided by this
79	79	subsection.
80	80	(d) The court may hold a hearing, make findings of fact, and
81	81	amend a restitution order issued under Subsection (a) if the
82	82	defendant fails to pay the victim named in the order in the manner
83	83	specified by the court.
84	84	Sec. 252.004. INJUNCTIVE RELIEF. (a) The owner or
85	85	operator of an animal or crop facility may bring an action for
86	86	injunctive relief against a person who engages or threatens to
87	87	engage in conduct that constitutes an offense under Section
88	88	252.002.
89	89	(b) The action may be brought in a district court in a county
90	90	in which any part of the conduct or threatened conduct occurs.
91	91	(c) The court may grant any appropriate injunctive relief to
92	92	prevent or abate the conduct or threatened conduct, including a
93	93	temporary restraining order, temporary injunction, or permanent
94	94	injunction.
95	95	SECTION 2. This Act takes effect September 1, 2021.