88R15619 AJZ-D
By: Shaheen H.B. No. 598
Substitute the following for H.B. No. 598:
By: Moody C.S.H.B. No. 598
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of possession of an
animal by a person who has been previously convicted of an offense
involving animal cruelty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Penal Code, is amended by adding
Section 42.107 to read as follows:
Sec. 42.107. POSSESSION OF ANIMAL BY PERSON CONVICTED OF
ANIMAL CRUELTY. (a) A person commits an offense if the person:
(1) possesses or exercises control over an animal or
resides in a household in which an animal is present; and
(2) within the five-year period preceding the date of
the instant offense, has been previously convicted of an offense
under:
(A) Section 42.091, 42.092, 42.10, or 42.105; or
(B) federal law or a penal law of another state
containing elements that are substantially similar to the elements
of an offense described by Paragraph (A).
(b) An offense under this section is a Class C misdemeanor,
except that the offense is a Class B misdemeanor if the defendant
has been previously convicted of an offense under this section.
SECTION 2. This Act takes effect September 1, 2023.