85R15164 KJE-F     By: Moody, Minjarez, Farrar, Villalba, H.B. No. 1357       et al.     Substitute the following for H.B. No. 1357:     By:  Moody C.S.H.B. No. 1357       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of offenses involving cruelty to   animals; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 42.092, Penal Code, is amended by   amending Subsections (c) and (f) and adding Subsections (c-1) and   (c-2) to read as follows:          (c)  An offense under Subsection (b)(3), (4), (5), (6), 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 42.09,] or [one time   under this section and one time] under Section 42.09.          (c-1)  An offense under Subsection (b)(1) or[,] (2) is a   felony of the third degree, except that the offense is a felony of   the second degree if the person has previously been convicted under   Subsection (b)(1), (2), (7), or (8) or under Section 42.09.          (c-2)  An offense under Subsection (b)(7)[, (7),] or (8) 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 42.09,] or [one time   under this section and one time] under Section 42.09.          (f)  It is a defense to prosecution under [an exception to   the application of] this section that the conduct engaged in by the   actor is a generally accepted and otherwise lawful:                (1)  form of conduct occurring solely for the purpose   of or in support of:                      (A)  fishing, hunting, or trapping; or                      (B)  wildlife management, wildlife or depredation   control, or shooting preserve practices as regulated by state and   federal law; or                (2)  animal husbandry or agriculture practice   involving livestock animals.          SECTION 2.  Section 822.013, Health and Safety Code, is   amended by adding Subsection (f) to read as follows:          (f)  It is not a defense to prosecution under Section 42.092,   Penal Code, that the actor's conduct was authorized under this   section.          SECTION 3.  Section 821.023(b), Health and Safety Code, is   repealed.          SECTION 4.  The changes in law made by this Act apply 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 5.  This Act takes effect September 1, 2017.