Bill Text: TX HB978 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 978 (Prior Session Legislation)

Introduced

Bill Title: Relating to pet cruelty by a pet groomer; providing civil penalties; creating a criminal offense.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2023-03-02 - Referred to Criminal Jurisprudence [HB978 Detail]

Download: Texas-2023-HB978-Introduced.html

	88R3630 MCF/SHH-D

	By: Ordaz	H.B. No. 978



	A BILL TO BE ENTITLED
	AN ACT
	relating to pet cruelty by a pet groomer; providing civil
	penalties; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Title 10, Health and Safety Code, is amended by
	adding Chapter 830 to read as follows:
	CHAPTER 830. PET GROOMERS
	Sec. 830.001. DEFINITIONS. In this chapter:
	(1) "Abandon," "cruel manner," "custody," "necessary
	food, water, care, or shelter," and "torture" have the meanings
	assigned by Section 42.092, Penal Code.
	(2) "Livestock animal" has the meaning assigned by
	Section 42.09, Penal Code.
	(3) "Pet" means a domesticated animal, including a cat
	or dog, that an individual owns and keeps in or near the
	individual's household for the primary purpose of companionship.
	The term does not include a livestock animal.
	(4) "Pet groomer" means a person who performs for
	compensation:
	(A) grooming of a pet's hair or nails;
	(B) beautifying, cleansing, massaging, or
	trimming a pet's body; or
	(C) shampooing or conditioning a pet's hair or
	skin.
	(5) "Veterinarian" and "veterinary assistant" have
	the meanings assigned by Section 801.002, Occupations Code.
	Sec. 830.002. APPLICABILITY. This chapter does not apply
	to a veterinarian practicing veterinary medicine or a veterinary
	assistant providing animal care as an employee of a veterinarian.
	Sec. 830.003. CRIMINAL OFFENSE. (a) A pet groomer commits
	an offense if the pet groomer with criminal negligence:
	(1) tortures or in a cruel manner kills or causes
	serious bodily injury to a pet in the pet groomer's custody;
	(2) without the pet owner's effective consent, kills,
	administers poison to, or causes serious bodily injury to a pet in
	the pet groomer's custody;
	(3) fails unreasonably to provide necessary food,
	water, care, or shelter for a pet in the pet groomer's custody;
	(4) abandons unreasonably a pet in the pet groomer's
	custody;
	(5) in a cruel manner transports or confines a pet in
	the pet groomer's custody;
	(6) without the pet owner's effective consent, causes
	bodily injury to a pet in the pet groomer's custody;
	(7) causes one pet to fight another pet, if neither pet
	is a dog;
	(8) uses a live pet as a lure in dog race training or in
	dog coursing on a racetrack; or
	(9) seriously overworks a pet.
	(b) An offense under Subsection (a)(3), (4), (5), (6), or
	(9) is a Class A misdemeanor, except that the offense is a state
	jail felony if the pet groomer has previously been convicted two
	times under this section, two times under Section 42.09 or 42.092,
	Penal Code, or one time under this section and one time under
	Section 42.09 or 42.092, Penal Code.
	(c) An offense under Subsection (a)(1) or (2) is a felony of
	the third degree, except that the offense is a felony of the second
	degree if the pet groomer has previously been convicted under
	Subsection (a)(1), (2), (7), or (8) or under Section 42.09 or
	42.092, Penal Code.
	(d) An offense under Subsection (a)(7) or (8) is a state
	jail felony, except that the offense is a felony of the third degree
	if the pet groomer has previously been convicted under this section
	or under Section 42.09 or 42.092, Penal Code.
	(e) If conduct that constitutes an offense under Subsection
	(a) also constitutes an offense under Section 42.092, Penal Code,
	the pet groomer may be prosecuted under Subsection (a) or Section
	42.092, Penal Code, but not both.
	Sec. 830.004. CIVIL PENALTY. (a) A pet groomer who engages
	in conduct described by Section 830.003(a) is liable to the county
	or municipality in which the conduct occurs for a civil penalty of
	not more than:
	(1) $5,000 if the pet groomer engaged in conduct
	described by Section 830.003(a)(3), (4), (5), (6), or (9);
	(2) $10,000 if the pet groomer engaged in conduct
	described by Section 830.003(a)(1) or (2); or
	(3) $15,000 if the pet groomer engaged in conduct
	described by Section 830.003(a)(7) or (8).
	(b) The county or municipality in which the conduct occurs
	may sue to collect a civil penalty. A civil penalty collected under
	this subsection may be retained by the county or municipality.
	(c) The county or municipality in which the violation occurs
	may also recover the reasonable costs of investigation, reasonable
	attorney's fees, and reasonable expert witness fees.
	SECTION 2. This Act takes effect September 1, 2023.