BILL ANALYSIS C.S.H.B. 3816 By: Metcalf Licensing & Administrative Procedures Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, cruelty to livestock animals is a criminal offense, however, the statute does not explicitly address the act of administering controlled substances to such animals. For example, as the bill author has informed the committee, the use of controlled substances in competitive horse racing has raised red flags among veterinarians, livestock regulators, and the Texas Racing Commission as these substances can mask injuries or artificially enhance performance, putting both the animals and their handlers at risk. C.S.H.B. 3816 seeks to address this issue by explicitly making it a criminal offense to administer a controlled substance to any livestock animal unless it is in compliance with a valid prescription or order of a health care practitioner in the course of professional practice. 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 C.S.H.B. 3816 amends the Penal Code to expand the acts constituting torture for purposes of the offense of cruelty to livestock animals involving torturing a livestock animal by including the act of administering a controlled substance listed in Penalty Group 1 under the Texas Controlled Substances Act, unless the administration is in compliance with a valid prescription or order of a health care practitioner in the course of professional practice. C.S.H.B. 3816 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. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 3816 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Whereas the introduced included in the conduct constituting state jail felony cruelty to livestock animals the intentional or knowing administration to a horse participating in a race of a controlled substance listed in any schedule or penalty group under the Texas Controlled Substances Act, the substitute includes instead as an act constituting torture for purposes of that offense the act of administering a controlled substance listed in Penalty Group 1, without specifying the type of livestock animal, and includes an exception, which did not appear in the introduced, if the administration is in compliance with a valid prescription or order of a health care practitioner in the course of professional practice.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 3816
By: Metcalf
Licensing & Administrative Procedures
Committee Report (Substituted)
C.S.H.B. 3816
By: Metcalf
Licensing & Administrative Procedures
Committee Report (Substituted)
BACKGROUND AND PURPOSE Under current law, cruelty to livestock animals is a criminal offense, however, the statute does not explicitly address the act of administering controlled substances to such animals. For example, as the bill author has informed the committee, the use of controlled substances in competitive horse racing has raised red flags among veterinarians, livestock regulators, and the Texas Racing Commission as these substances can mask injuries or artificially enhance performance, putting both the animals and their handlers at risk. C.S.H.B. 3816 seeks to address this issue by explicitly making it a criminal offense to administer a controlled substance to any livestock animal unless it is in compliance with a valid prescription or order of a health care practitioner in the course of professional practice.
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 C.S.H.B. 3816 amends the Penal Code to expand the acts constituting torture for purposes of the offense of cruelty to livestock animals involving torturing a livestock animal by including the act of administering a controlled substance listed in Penalty Group 1 under the Texas Controlled Substances Act, unless the administration is in compliance with a valid prescription or order of a health care practitioner in the course of professional practice. C.S.H.B. 3816 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.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 3816 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Whereas the introduced included in the conduct constituting state jail felony cruelty to livestock animals the intentional or knowing administration to a horse participating in a race of a controlled substance listed in any schedule or penalty group under the Texas Controlled Substances Act, the substitute includes instead as an act constituting torture for purposes of that offense the act of administering a controlled substance listed in Penalty Group 1, without specifying the type of livestock animal, and includes an exception, which did not appear in the introduced, if the administration is in compliance with a valid prescription or order of a health care practitioner in the course of professional practice.
BACKGROUND AND PURPOSE
Under current law, cruelty to livestock animals is a criminal offense, however, the statute does not explicitly address the act of administering controlled substances to such animals. For example, as the bill author has informed the committee, the use of controlled substances in competitive horse racing has raised red flags among veterinarians, livestock regulators, and the Texas Racing Commission as these substances can mask injuries or artificially enhance performance, putting both the animals and their handlers at risk. C.S.H.B. 3816 seeks to address this issue by explicitly making it a criminal offense to administer a controlled substance to any livestock animal unless it is in compliance with a valid prescription or order of a health care practitioner in the course of professional practice.
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
C.S.H.B. 3816 amends the Penal Code to expand the acts constituting torture for purposes of the offense of cruelty to livestock animals involving torturing a livestock animal by including the act of administering a controlled substance listed in Penalty Group 1 under the Texas Controlled Substances Act, unless the administration is in compliance with a valid prescription or order of a health care practitioner in the course of professional practice.
C.S.H.B. 3816 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.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 3816 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
Whereas the introduced included in the conduct constituting state jail felony cruelty to livestock animals the intentional or knowing administration to a horse participating in a race of a controlled substance listed in any schedule or penalty group under the Texas Controlled Substances Act, the substitute includes instead as an act constituting torture for purposes of that offense the act of administering a controlled substance listed in Penalty Group 1, without specifying the type of livestock animal, and includes an exception, which did not appear in the introduced, if the administration is in compliance with a valid prescription or order of a health care practitioner in the course of professional practice.