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AN ACT
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relating to the offenses of cruelty to livestock and nonlivestock |
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animals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.09, Penal Code, is amended to read as |
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follows: |
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Sec. 42.09. CRUELTY TO LIVESTOCK ANIMALS. (a) A person |
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commits an offense if the person intentionally or knowingly: |
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(1) tortures a livestock [an] animal; |
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(2) fails unreasonably to provide necessary food, |
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water, or care[, or shelter] for a livestock [an] animal in the |
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person's custody; |
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(3) abandons unreasonably a livestock [an] animal in |
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the person's custody; |
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(4) transports or confines a livestock [an] animal in |
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a cruel and unusual manner; |
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(5) [kills, seriously injures, or] administers poison |
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to a livestock [an] animal, other than cattle, horses, sheep, |
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swine, or goats, belonging to another without legal authority or |
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the owner's effective consent; |
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(6) causes one livestock animal to fight with another |
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livestock animal or with an animal as defined by Section 42.092 |
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[causes one animal to fight with another]; |
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(7) uses a live livestock animal as a lure in dog race |
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training or in dog coursing on a racetrack; |
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(8) trips a horse; |
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[(9)
injures an animal, other than cattle, horses,
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sheep, swine, or goats, belonging to another without legal
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authority or the owner's effective consent;] or |
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(9) [(10)] seriously overworks a livestock [an] |
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animal. |
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(b) In [It is a defense to prosecution under this section
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that the actor was engaged in bona fide experimentation for
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scientific research.
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[(c) For purposes of] this section: |
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(1) "Abandon" includes abandoning a livestock [an] |
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animal in the person's custody without making reasonable |
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arrangements for assumption of custody by another person. |
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(2) ["Animal" means a domesticated living creature and
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wild living creature previously captured. "Animal" does not include
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an uncaptured wild creature or a wild creature whose capture was
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accomplished by conduct at issue under this section.
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[(3)] "Cruel manner" includes a manner that causes or |
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permits unjustified or unwarranted pain or suffering. |
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(3) [(4)] "Custody" includes responsibility for the |
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health, safety, and welfare of a livestock [an] animal subject to |
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the person's care and control, regardless of ownership of the |
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livestock animal. |
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(4) "Depredation" has the meaning assigned by Section |
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71.001, Parks and Wildlife Code. |
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(5) "Livestock animal" means: |
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(A) cattle, sheep, swine, goats, ratites, or |
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poultry commonly raised for human consumption; |
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(B) a horse, pony, mule, donkey, or hinny; |
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(C) native or nonnative hoofstock raised under |
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agriculture practices; or |
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(D) native or nonnative fowl commonly raised |
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under agricultural practices. |
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(6) [(5)] "Necessary food, water, or care[, or
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shelter]" includes food, water, or care[, or shelter] provided to |
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the extent required to maintain the livestock animal in a state of |
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good health. |
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(7) "Torture" includes any act that causes |
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unjustifiable pain or suffering. |
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(8) [(6)] "Trip" means to use an object to cause a |
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horse to fall or lose its balance. |
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(c) [(d)] An offense under Subsection (a)(2), (3), (4), or |
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(9)[, or (10)] is a Class A misdemeanor, except that the offense is |
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a state jail felony if the person has previously been convicted two |
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times under this section, two times under Section 42.092, or one |
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time under this section and one time under Section 42.092. An |
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offense under Subsection (a)(1), (5), (6), (7), or (8) is a state |
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jail felony, except that the offense is a felony of the third degree |
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if the person has previously been convicted two times under this |
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section, two times under Section 42.092, or one time under this |
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section and one time under Section 42.092. |
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(d) [(e)
It is a defense to prosecution under Subsection
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(a)(5) that the animal was discovered on the person's property in
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the act of or immediately after injuring or killing the person's
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goats, sheep, cattle, horses, swine, or poultry and that the person
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killed or injured the
animal at the time of this discovery.
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[(f)] It is a defense to prosecution under Subsection (a)(8) |
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that the actor tripped the horse for the purpose of identifying the |
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ownership of the horse or giving veterinary care to the horse. |
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(e) [(g)] It is a defense to prosecution for an offense |
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under this section that the actor was engaged in bona fide |
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experimentation for scientific research [the person had a
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reasonable fear of bodily injury to the person or to another
by a
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dangerous wild animal as defined by Section 822.101, Health and
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Safety Code]. |
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(f) [(h)] It is an exception to the application of this |
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section that the conduct engaged in by the actor is a generally |
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accepted and otherwise lawful: |
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(1) form of conduct occurring [use of
an animal if
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that use occurs] solely for the purpose of or in support of: |
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(A) fishing, hunting, or trapping; or |
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(B) wildlife management, wildlife or depredation |
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control, or shooting preserve practices as regulated by state and |
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federal law; or |
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(2) animal husbandry or agriculture [farming] |
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practice involving livestock animals. |
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(g) This section does not create a civil cause of action for |
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damages or enforcement of this section. |
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[(i)
An offense under Subsection (a)(1), (5), (6), (7), or
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(8) is a state jail felony, except that the offense is a felony of
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the third degree if the person has previously been convicted two
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times under this section.] |
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SECTION 2. Chapter 42, Penal Code, is amended by adding |
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Section 42.092 to read as follows: |
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Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this |
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section: |
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(1) "Abandon" includes abandoning an animal in the |
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person's custody without making reasonable arrangements for |
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assumption of custody by another person. |
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(2) "Animal" means a domesticated living creature, |
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including any stray or feral cat or dog, and a wild living creature |
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previously captured. The term does not include an uncaptured wild |
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living creature or a livestock animal. |
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(3) "Cruel manner" includes a manner that causes or |
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permits unjustified or unwarranted pain or suffering. |
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(4) "Custody" includes responsibility for the health, |
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safety, and welfare of an animal subject to the person's care and |
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control, regardless of ownership of the animal. |
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(5) "Depredation" has the meaning assigned by Section |
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71.001, Parks and Wildlife Code. |
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(6) "Livestock animal" has the meaning assigned by |
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Section 42.09. |
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(7) "Necessary food, water, care, or shelter" includes |
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food, water, care, or shelter provided to the extent required to |
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maintain the animal in a state of good health. |
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(8) "Torture" includes any act that causes |
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unjustifiable pain or suffering. |
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(b) A person commits an offense if the person intentionally, |
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knowingly, or recklessly: |
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(1) tortures an animal or in a cruel manner kills or |
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causes serious bodily injury to an animal; |
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(2) without the owner's effective consent, kills, |
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administers poison to, or causes serious bodily injury to an |
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animal; |
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(3) fails unreasonably to provide necessary food, |
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water, care, or shelter for an animal in the person's custody; |
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(4) abandons unreasonably an animal in the person's |
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custody; |
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(5) transports or confines an animal in a cruel |
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manner; |
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(6) without the owner's effective consent, causes |
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bodily injury to an animal; |
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(7) causes one animal to fight with another animal, if |
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either animal is not a dog; |
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(8) uses a live animal as a lure in dog race training |
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or in dog coursing on a racetrack; or |
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(9) seriously overworks an animal. |
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(c) An offense under Subsection (b)(3), (4), (5), (6), or |
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(9) is a Class A misdemeanor, except that the offense is a state |
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jail felony if the person has previously been convicted two times |
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under this section, two times under Section 42.09, or one time under |
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this section and one time under Section 42.09. An offense under |
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Subsection (b)(1), (2), (7), or (8) is a state jail felony, except |
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that the offense is a felony of the third degree if the person has |
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previously been convicted two times under this section, two times |
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under Section 42.09, or one time under this section and one time |
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under Section 42.09. |
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(d) It is a defense to prosecution under this section that: |
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(1) the actor had a reasonable fear of bodily injury to |
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the actor or to another person by a dangerous wild animal as defined |
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by Section 822.101, Health and Safety Code; or |
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(2) the actor was engaged in bona fide experimentation |
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for scientific research. |
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(e) It is a defense to prosecution under Subsection (b)(2) |
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or (6) that: |
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(1) the animal was discovered on the person's property |
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in the act of or after injuring or killing the person's livestock |
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animals or damaging the person's crops and that the person killed or |
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injured the animal at the time of this discovery; or |
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(2) the person killed or injured the animal within the |
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scope of the person's employment as a public servant or in |
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furtherance of activities or operations associated with |
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electricity transmission or distribution, electricity generation |
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or operations associated with the generation of electricity, or |
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natural gas delivery. |
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(f) It is an exception to the application of this section |
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that the conduct engaged in by the actor is a generally accepted and |
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otherwise lawful: |
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(1) form of conduct occurring solely for the purpose |
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of or in support of: |
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(A) fishing, hunting, or trapping; or |
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(B) wildlife management, wildlife or depredation |
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control, or shooting preserve practices as regulated by state and |
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federal law; or |
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(2) animal husbandry or agriculture practice |
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involving livestock animals. |
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(g) This section does not create a civil cause of action for |
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damages or enforcement of the section. |
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SECTION 3. Section 54.0407, Family Code, is amended to read |
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as follows: |
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Sec. 54.0407. CRUELTY TO ANIMALS: COUNSELING REQUIRED. If |
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a child is found to have engaged in delinquent conduct constituting |
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an offense under Section 42.09 or 42.092, Penal Code, the juvenile |
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court shall order the child to participate in psychological |
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counseling for a period to be determined by the court. |
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SECTION 4. Sections 821.023(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) A finding in a court of competent jurisdiction that the |
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owner of an animal is guilty of an offense under Section 42.09 or |
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42.092, Penal Code, involving the animal is prima facie evidence at |
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a hearing authorized by Section 821.022 that the animal has been |
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cruelly treated. |
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(b) A statement of an owner made at a hearing provided for |
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under this subchapter is not admissible in a trial of the owner for |
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an offense under Section 42.09 or 42.092, Penal Code. |
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SECTION 5. Section 801.3585, Occupations Code, is amended |
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to read as follows: |
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Sec. 801.3585. LIABILITY FOR REPORTING ANIMAL CRUELTY; |
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IMMUNITY. A veterinarian who in good faith and in the normal course |
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of business reports to the appropriate governmental entity a |
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suspected incident of animal cruelty under Section 42.09 or 42.092, |
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Penal Code, is immune from liability in a civil or criminal action |
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brought against the veterinarian for reporting the incident. |
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SECTION 6. Section 1702.283, Occupations Code, is amended |
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to read as follows: |
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Sec. 1702.283. CRUELTY TO ANIMALS. A person who has been |
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convicted of cruelty to animals under Section 42.09 or 42.092, |
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Penal Code: |
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(1) is ineligible for a license as a guard dog company |
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or for registration as a dog trainer; and |
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(2) may not be employed to work with dogs as a security |
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officer by a security services contractor or security department of |
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a private business that uses dogs to protect individuals or |
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property or to conduct investigations. |
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SECTION 7. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 8. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2328 was passed by the House on April |
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19, 2007, by the following vote: Yeas 142, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2328 on May 23, 2007, by the following vote: Yeas 145, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2328 was passed by the Senate, with |
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amendments, on May 21, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |