| 1 | 1 | | By: Zaffirini S.B. No. 1682 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a defense to prosecution for the offense of cruelty to |
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| 7 | 7 | | nonlivestock animals under certain circumstances. |
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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. Section 42.092(a), Penal Code, is amended by |
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| 10 | 10 | | adding Subdivisions (9) and (10) to read as follows: |
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| 11 | 11 | | (9) "Trap-Neuter-Return Program" means a nonlethal |
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| 12 | 12 | | population control practice in which an animal is: |
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| 13 | 13 | | (A) trapped; |
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| 14 | 14 | | (B) evaluated by a veterinarian; |
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| 15 | 15 | | (C) if unvaccinated, vaccinated by a |
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| 16 | 16 | | veterinarian; |
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| 17 | 17 | | (D) if unsterilized, sterilized by a |
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| 18 | 18 | | veterinarian; |
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| 19 | 19 | | (E) marked by a veterinarian, whether by notching |
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| 20 | 20 | | or tipping one ear or otherwise; and |
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| 21 | 21 | | (F) returned to the trap location. |
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| 22 | 22 | | (10) "Veterinarian" shall have the same meaning as |
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| 23 | 23 | | set forth in Section 801.002, Occupations Code. |
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| 24 | 24 | | SECTION 2. Section 42.092, Penal Code, is amended by adding |
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| 25 | 25 | | Subsections (e-1) and (e-2) to read as follows: |
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| 26 | 26 | | (e-1) It is a defense to prosecution under Subsection |
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| 27 | 27 | | (b)(4) that the actor released or returned a stray or feral animal |
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| 28 | 28 | | which is not a wild living creature pursuant to a |
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| 29 | 29 | | Trap-Neuter-Return Program. |
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| 30 | 30 | | (e-2) It is a defense to prosecution under Subsection (b) |
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| 31 | 31 | | (4) that the actor released or returned a previously trapped wild |
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| 32 | 32 | | living creature in accordance with Texas wildlife laws and |
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| 33 | 33 | | regulations. |
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| 34 | 34 | | SECTION 3. The change in law made by this Act applies only |
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| 35 | 35 | | to an offense committed on or after the effective date of this Act. |
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| 36 | 36 | | An offense committed before the effective date of this Act is |
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| 37 | 37 | | governed by the law in effect on the date the offense was committed, |
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| 38 | 38 | | and the former law is continued in effect for that purpose. For |
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| 39 | 39 | | purposes of this section, an offense was committed before the |
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| 40 | 40 | | effective date of this Act if any element of the offense occurred |
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| 41 | 41 | | before that date. |
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| 42 | 42 | | SECTION 4. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2023. |
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