By: Vasut, Cain H.B. No. 3660
A BILL TO BE ENTITLED
AN ACT
relating to a defense to prosecution for the offense of cruelty to
nonlivestock animals under certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.092(a), Penal Code, is amended by
adding Subdivisions (9) and (10) to read as follows:
(9) "Trap-Neuter-Return Program" means a nonlethal
population control practice in which an animal is:
(A) trapped;
(B) evaluated by a veterinarian;
(C) if unvaccinated, vaccinated by a
veterinarian;
(D) if unsterilized, sterilized by a
veterinarian;
(E) marked by a veterinarian, whether by notching
or tipping one ear or otherwise; and
(F) returned to the trap location.
(10) "Veterinarian" shall have the same meaning as
set forth in Section 801.002, Occupations Code.
SECTION 2. Section 42.092, Penal Code, is amended by adding
Subsections (e-1) and (e-2) to read as follows:
(e-1) It is a defense to prosecution under Subsection (b)(4)
that the actor released or returned a stray or feral animal which is
not a wild living creature pursuant to a Trap-Neuter-Return
Program.
(e-2) It is a defense to prosecution under Subsection (b)(4)
that the actor released or returned a previously trapped wild
living creature in accordance with Texas wildlife laws and
regulations.
SECTION 3. 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 4. This Act takes effect immediately if it receives
a vote of two-thirds of all members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.