Metcalf Bill Makes Drugging A Race Horse A Felony

The text as introduced · 421 words

89R13268 PRL-D

By: Metcalf
H.B. No. 3816

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the criminal offense of cruelty to

livestock animals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 42.09(a) and (c), Penal Code, are

amended to read as follows:

(a) A person commits an offense if the person intentionally

or knowingly:

(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

person's custody;

(4) transports or confines a livestock animal in a

cruel and unusual manner;

(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;

(8) trips a horse; [ or ]

(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

Safety Code .

(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

before that date.

SECTION 3. This Act takes effect September 1, 2025.