88R19991 SHH-D
By: Ordaz, Meyer, Leach, Moody, Cook H.B. No. 1203
Substitute the following for H.B. No. 1203:
By: Moody C.S.H.B. No. 1203
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of cruelty to
nonlivestock animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 42.092(b) and (d), Penal Code, are
amended to read as follows:
(b) A person commits an offense if the person intentionally,
knowingly, [or] recklessly, or with criminal negligence:
(1) tortures an animal or in a cruel manner kills or
causes serious bodily injury to an animal;
(2) without the owner's effective consent, kills,
administers poison to, or causes serious bodily injury to an
animal;
(3) fails unreasonably to provide necessary food,
water, care, or shelter for an animal in the person's custody;
(4) abandons unreasonably an animal in the person's
custody;
(5) transports or confines an animal in a cruel
manner;
(6) without the owner's effective consent, causes
bodily injury to an animal;
(7) causes one animal to fight with another animal, if
either animal is not a dog;
(8) uses a live animal as a lure in dog race training
or in dog coursing on a racetrack; or
(9) seriously overworks an animal.
(d) It is a defense to prosecution under this section that:
(1) the actor had a reasonable fear of bodily injury to
the actor or to another person by a dangerous wild animal as defined
by Section 822.101, Health and Safety Code; [or]
(2) the actor was engaged in bona fide experimentation
for scientific research; or
(3) the actor acted with criminal negligence during
the actual discharge of the actor's duties while employed as a
veterinarian licensed under Chapter 801, Occupations Code, or as a
person assisting the veterinarian.
SECTION 2. The change in law made by this Act applies 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 3. This Act takes effect September 1, 2023.