Bill Text: TX SB1682 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a defense to prosecution for the offense of cruelty to nonlivestock animals under certain circumstances.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-04-11 - Co-author authorized [SB1682 Detail]
Download: Texas-2023-SB1682-Introduced.html
By: Zaffirini | S.B. No. 1682 | |
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relating to a defense to prosecution for the offense of cruelty to | ||
nonlivestock animals under certain circumstances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 42.092(a), Penal Code, is amended by | ||
adding Subdivisions (9) and (10) to read as follows: | ||
(9) "Trap-Neuter-Return Program" means a nonlethal | ||
population control practice in which an animal is: | ||
(A) trapped; | ||
(B) evaluated by a veterinarian; | ||
(C) if unvaccinated, vaccinated by a | ||
veterinarian; | ||
(D) if unsterilized, sterilized by a | ||
veterinarian; | ||
(E) marked by a veterinarian, whether by notching | ||
or tipping one ear or otherwise; and | ||
(F) returned to the trap location. | ||
(10) "Veterinarian" shall have the same meaning as | ||
set forth in Section 801.002, Occupations Code. | ||
SECTION 2. Section 42.092, Penal Code, is amended by adding | ||
Subsections (e-1) and (e-2) to read as follows: | ||
(e-1) It is a defense to prosecution under Subsection | ||
(b)(4) that the actor released or returned a stray or feral animal | ||
which is not a wild living creature pursuant to a | ||
Trap-Neuter-Return Program. | ||
(e-2) It is a defense to prosecution under Subsection (b) | ||
(4) that the actor released or returned a previously trapped wild | ||
living creature in accordance with Texas wildlife laws and | ||
regulations. | ||
SECTION 3. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act 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 | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |