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A BILL TO BE ENTITLED
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AN ACT
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relating to standards of care and confinement for dogs and cats; |
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providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 821.077(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) An owner may not leave a dog outside and unattended [by
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use of a restraint that unreasonably limits the dog's movement]: |
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(1) in an enclosure of less than 150 square feet for |
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each dog over six months of age [between the hours of 10 p.m. and 6
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a.m.]; |
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(2) [within 500 feet of the premises of a school; or
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[(3)] in the case of extreme weather conditions, |
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including conditions in which: |
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(A) the actual or effective outdoor temperature |
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is below 32 degrees Fahrenheit; |
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(B) a heat advisory has been issued by a local or |
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state authority or jurisdiction; or |
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(C) a hurricane, tropical storm, or tornado |
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warning has been issued for the jurisdiction by the National |
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Weather Service; or |
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(3) in a restraint. |
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SECTION 2. Section 821.078, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 821.078. EXCEPTIONS. Section 821.077 does not apply |
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to: |
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(1) [a dog restrained to a running line, pulley, or
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trolley system and that is not restrained to the running line,
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pulley, or trolley system by means of a pinch-type, prong-type,
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choke-type, or improperly fitted collar;
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[(2)] a dog restrained in compliance with the |
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requirements of a camping or recreational area as defined by a |
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federal, state, or local authority or jurisdiction; |
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[(3)
a dog restrained for a reasonable period, not to
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exceed three hours in a 24-hour period, and no longer than is
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necessary for the owner to complete a temporary task that requires
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the dog to be restrained;] |
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(2) [(4)] a dog restrained while the owner is engaged |
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in, or actively training for, an activity that is conducted |
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pursuant to a valid license issued by this state if the activity for |
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which the license is issued is associated with the use or presence |
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of a dog; |
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(3) [(5)] a dog restrained while the owner is engaged |
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in conduct directly related to the business of shepherding or |
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herding cattle or livestock; or |
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(4) [(6)] a dog restrained while the owner is engaged |
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in conduct directly related to the business of cultivating |
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agricultural products, if the restraint is reasonably necessary for |
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the safety of the dog. |
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SECTION 3. Section 821.081, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 821.081. HAND-HELD LEASHES. This subchapter does not |
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prohibit a person from walking a dog with a hand-held leash if the |
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dog's owner or handler is physically present and in proximity to the |
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dog at all times so that the owner or handler may exercise immediate |
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physical control over the dog at any time. |
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SECTION 4. Chapter 821, Health and Safety Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. STANDARDS OF CARE AND CONFINEMENT |
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Sec. 821.091. DEFINITIONS. In this subchapter: |
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(1) "Cat" means a mammal that is wholly or partly of |
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the species Felis domesticus. |
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(2) "Commercial breeder" means a person who possesses |
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11 or more adult intact female dogs or cats and is engaged in the |
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business of breeding dogs or cats for direct or indirect sale or for |
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exchange in return for consideration. |
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(3) "Dog" means a mammal that is wholly or partly of |
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the species Canis familiaris. |
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(4) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(5) "Facility" means the premises used by a commercial |
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breeder for keeping or breeding dogs or cats. The term includes all |
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buildings, property, and confinement areas used to conduct the |
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commercial breeding business. |
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(6) "Possess" means to have custody of or control |
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over. |
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(7) "Veterinarian" means a veterinarian in good |
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standing and licensed to practice veterinary medicine in this state |
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or another state. |
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Sec. 821.092. APPLICABILITY OF SUBCHAPTER. (a) This |
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subchapter does not affect the applicability of any other law, |
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rule, order, ordinance, or other legal requirement of the federal |
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government, this state, or a political subdivision of this state. |
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(b) This subchapter does not prevent a municipality or |
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county from prohibiting or further regulating by order or ordinance |
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the possession, breeding, or selling of dogs or cats. |
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(c) This subchapter does not apply to an animal regulated |
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under the Texas Racing Act (Article 179e, Vernon's Texas Civil |
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Statutes). |
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Sec. 821.093. ADOPTION OF STANDARDS. (a) The executive |
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commissioner shall adopt rules for the proper feeding, watering, |
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housing, care, including veterinary care, grooming, treatment, |
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transportation, and disposition of dogs and cats by a commercial |
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breeder to ensure the overall health and welfare of each dog or cat |
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in the commercial breeder's facility. |
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(b) The standards adopted under this section must at a |
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minimum: |
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(1) require dogs and cats to be offered food at least |
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once every 24 hours and to have continuous access to water unless |
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otherwise prescribed by a veterinarian; |
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(2) provide for safe and adequately sized indoor and |
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outdoor confinement areas; |
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(3) require daily removal of animal waste; |
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(4) include requirements for exercise, grooming, and |
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bathing; |
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(5) include requirements for socialization through |
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physical contact between dogs and humans and cats and humans; |
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(6) include requirements to address disease and |
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illness; |
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(7) require methods of transporting dogs and cats that |
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protect the health and welfare of the animals; and |
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(8) include requirements for adequate training of |
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staff. |
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(c) The standards adopted under this section must prohibit: |
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(1) a commercial breeder from housing females in |
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estrus with unneutered males, except for breeding purposes; |
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(2) the placement of a primary enclosure on top of |
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another primary enclosure without an impervious barrier between |
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enclosures; |
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(3) the tethering or leashing of dogs or cats in a |
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facility as a means of confinement; and |
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(4) a commercial breeder from selling, trading, or |
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giving away a dog or cat before the animal is eight weeks of age. |
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Sec. 821.094. ADDITIONAL STANDARDS. The executive |
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commissioner by rule may establish any additional standards |
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considered necessary to protect the public health and the welfare |
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of dogs and cats covered under this subchapter. |
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Sec. 821.095. CONSIDERATION OF DOG AND CAT HEALTH AND |
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WELFARE STANDARDS. In adopting standards under this subchapter, |
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the executive commissioner shall consider relevant state, federal, |
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and nationally recognized standards for the health and welfare of |
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dogs and cats. |
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SECTION 5. Sections 42.092(b) and (c), Penal Code, are |
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amended to read as follows: |
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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; or |
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(10) violates a standard adopted under Section 821.093 |
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or 821.094, Health and Safety Code. |
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(c) An offense under Subsection (b)(3), (4), (5), (6), [or] |
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(9), or (10) is a Class A misdemeanor, except that the offense is a |
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state jail felony if the person has previously been convicted two |
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times under this section, two times under Section 42.09, or one time |
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under this section and one time under Section 42.09. An offense |
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under Subsection (b)(1), (2), (7), or (8) is a state jail felony, |
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except that the offense is a felony of the third degree if the |
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person has previously been convicted two times under this section, |
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two times under Section 42.09, or one time under this section and |
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one time under Section 42.09. |
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SECTION 6. Sections 821.076(3) and 821.077(b), Health and |
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Safety Code, are repealed. |
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SECTION 7. The executive commissioner of the Health and |
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Human Services Commission shall adopt initial standards required by |
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Section 821.093, Health and Safety Code, as added by this Act, not |
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later than December 1, 2011. |
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SECTION 8. The changes in law made by this Act to Subchapter |
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D, Chapter 821, Health and Safety Code, apply only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is covered by the |
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law in effect at the time the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense is committed before the effective date of this |
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Act if any element of the offense occurs before that date. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |