| 1 | 1 | | H.B. No. 598 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to creating the criminal offense of possession of an |
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| 6 | 6 | | animal by a person who has been previously convicted of an offense |
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| 7 | 7 | | involving animal cruelty. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 42, Penal Code, is amended by adding |
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| 10 | 10 | | Section 42.107 to read as follows: |
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| 11 | 11 | | Sec. 42.107. POSSESSION OF ANIMAL BY PERSON CONVICTED OF |
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| 12 | 12 | | ANIMAL CRUELTY. (a) A person commits an offense if the person: |
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| 13 | 13 | | (1) possesses or exercises control over an animal; and |
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| 14 | 14 | | (2) within the five-year period preceding the date of |
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| 15 | 15 | | the instant offense, has been previously convicted of an offense |
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| 16 | 16 | | under: |
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| 17 | 17 | | (A) Section 42.091, 42.092, or 42.10; or |
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| 18 | 18 | | (B) federal law or a penal law of another state |
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| 19 | 19 | | containing elements that are substantially similar to the elements |
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| 20 | 20 | | of an offense described by Paragraph (A). |
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| 21 | 21 | | (b) An offense under this section is a Class C misdemeanor, |
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| 22 | 22 | | except that the offense is a Class B misdemeanor if the defendant |
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| 23 | 23 | | has been previously convicted of an offense under this section. |
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| 24 | 24 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 25 | 25 | | ______________________________ ______________________________ |
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| 26 | 26 | | President of the Senate Speaker of the House |
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| 27 | 27 | | I certify that H.B. No. 598 was passed by the House on April |
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| 28 | 28 | | 19, 2023, by the following vote: Yeas 147, Nays 0, 1 present, not |
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| 29 | 29 | | voting. |
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| 30 | 30 | | ______________________________ |
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| 31 | 31 | | Chief Clerk of the House |
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| 32 | 32 | | I certify that H.B. No. 598 was passed by the Senate on May |
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| 33 | 33 | | 11, 2023, by the following vote: Yeas 30, Nays 0. |
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| 34 | 34 | | ______________________________ |
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| 35 | 35 | | Secretary of the Senate |
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| 36 | 36 | | APPROVED: _____________________ |
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| 37 | 37 | | Date |
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| 38 | 38 | | _____________________ |
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| 39 | 39 | | Governor |
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