BILL ANALYSIS H.B. 285 By: Ordaz Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE The bill author has informed the committee of a matter that was brought to her attention during her time on the El Paso City Council in which a constituent's dog was negligently killed by an unlicensed groomer on their wedding day and that since then, the author has heard from families across Texas who have gone through similarly heartbreaking situations involving the loss of a beloved companion animal due to criminally negligent behavior. The Penal Code establishes that a person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding their conduct or the result of their conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The bill author has also informed the committee that currently, attorneys are unable to seek justice for families whose dogs or cats have been harmed due to negligent conduct, and these bad actors are able to potentially harm other animals. H.B. 285 seeks to address these acts of cruelty by including criminal negligence among the states of mind for the offense of cruelty to nonlivestock animals. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 285 amends the Penal Code to include criminal negligence as a state of mind with which committing conduct constituting cruelty to nonlivestock animals qualifies as such an offense. The bill establishes as a defense to prosecution for alleged criminal negligence that the conduct occurred during the actual discharge of the actor's duties while employed as a state-licensed veterinarian or as a person assisting the veterinarian. The bill applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 285
By: Ordaz
Criminal Jurisprudence
Committee Report (Unamended)
H.B. 285
By: Ordaz
Criminal Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE The bill author has informed the committee of a matter that was brought to her attention during her time on the El Paso City Council in which a constituent's dog was negligently killed by an unlicensed groomer on their wedding day and that since then, the author has heard from families across Texas who have gone through similarly heartbreaking situations involving the loss of a beloved companion animal due to criminally negligent behavior. The Penal Code establishes that a person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding their conduct or the result of their conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The bill author has also informed the committee that currently, attorneys are unable to seek justice for families whose dogs or cats have been harmed due to negligent conduct, and these bad actors are able to potentially harm other animals. H.B. 285 seeks to address these acts of cruelty by including criminal negligence among the states of mind for the offense of cruelty to nonlivestock animals.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 285 amends the Penal Code to include criminal negligence as a state of mind with which committing conduct constituting cruelty to nonlivestock animals qualifies as such an offense. The bill establishes as a defense to prosecution for alleged criminal negligence that the conduct occurred during the actual discharge of the actor's duties while employed as a state-licensed veterinarian or as a person assisting the veterinarian. The bill applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
The bill author has informed the committee of a matter that was brought to her attention during her time on the El Paso City Council in which a constituent's dog was negligently killed by an unlicensed groomer on their wedding day and that since then, the author has heard from families across Texas who have gone through similarly heartbreaking situations involving the loss of a beloved companion animal due to criminally negligent behavior. The Penal Code establishes that a person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding their conduct or the result of their conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The bill author has also informed the committee that currently, attorneys are unable to seek justice for families whose dogs or cats have been harmed due to negligent conduct, and these bad actors are able to potentially harm other animals. H.B. 285 seeks to address these acts of cruelty by including criminal negligence among the states of mind for the offense of cruelty to nonlivestock animals.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 285 amends the Penal Code to include criminal negligence as a state of mind with which committing conduct constituting cruelty to nonlivestock animals qualifies as such an offense. The bill establishes as a defense to prosecution for alleged criminal negligence that the conduct occurred during the actual discharge of the actor's duties while employed as a state-licensed veterinarian or as a person assisting the veterinarian. The bill applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE
September 1, 2025.