HB 3816

relating to the prosecution of the criminal offense of cruelty to
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 42.09(a) and (c), Penal Code, are
(a)  A person commits an offense if the person intentionally
(1)  tortures a livestock animal;
(2)  fails unreasonably to provide necessary food,
water, or care for a livestock animal in the person's custody;
(3)  abandons unreasonably a livestock animal in the
(4)  transports or confines a livestock animal in a
(5)  administers poison to a livestock animal, other
than cattle, horses, sheep, swine, or goats, belonging to another
without legal authority or the owner's effective consent;
(6)  causes one livestock animal to fight with another
livestock animal or with an animal as defined by Section 42.092;
(7)  uses a live livestock animal as a lure in dog race
training or in dog coursing on a racetrack;
(9)  seriously overworks a livestock animal; or
(10)  administers to a horse participating in a race a
controlled substance as defined by Section 481.002, Health and
(c)  An offense under Subsection (a)(2), (3), (4), or (9) is
a Class A misdemeanor, except that the offense is a state jail
felony if the person has previously been convicted two times under
this section, two times under Section 42.092, or one time under this
section and one time under Section 42.092.  An offense under
Subsection (a)(1), (5), (6), (7), [or] (8), or (10) is a state jail
felony, except that the offense is a felony of the third degree if
the person has previously been convicted two times under this
section, two times under Section 42.092, or one time under this
section and one time under Section 42.092.
SECTION 2.  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
SECTION 3.  This Act takes effect September 1, 2025.