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