Bill Text: TX HB978 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to pet cruelty by a pet groomer; providing civil penalties; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
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 |
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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. |