Two bills pending in the Texas House and Senate aim to bolster animal welfare in our state by addressing animal cruelty crimes. Companion bills, House Bill 1357 and Senate Bill 762, would increase the punishment for violent animal cruelty offenses such as (i) torturing, cruelly killing, or causing serious bodily injury to an animal; or (ii) killing, poisoning, or causing serious bodily injury to another person’s animal without the owner’s consent. These crimes currently carry a maximum penalty of 2 years in prison, however, many perpetrators find that the penalty for a first time offense is so low that they get time served or spend merely a few days in jail—even for felony offenses. “It should be very disconcerting to us,” says Laura Donahue of Texas Humane Legislation Network, “that the FBI acknowledges the significance of these crimes but our Texas law currently does not. Increasing the deterrent to a level commensurate with the nature of the crimes would do a lot to encourage DA offices across the state to really spend more time on these important cases.”

 These bills would increase the penalty for violent animal cruelty offenses to the level of a third-degree felony carrying a penalty of 2 to 10 years. They would also amend three technical issues that animal advocates say plague current law. First, the bills would amend the hunting, fishing, trapping, wildlife management or animal husbandry exception contained within the Penal Code into a legal defense for prosecution. This means that charges of animal cruelty could still be defended on these bases, but they would not be an automatic exception to the law. Prosecution of animal cruelty would require the prosecutor’s office to overcome this defense and disprove it beyond a reasonable doubt, instead of allowing defendants to escape prosecution entirely through claiming this exception.

 Second, the bills aim to amend the Health and Safety Code to allow a defendant’s civil testimony to be used against them in a criminal animal cruelty prosecution. Currently, the law prohibits this use, and this has been a major hindrance to prosecution, according to animal advocates. And third, the bills would clarify that certain defenses to damages in a civil action related to the killing of a dog which was attacking, about to attack, or had recently attacked a person’s livestock or other domestic animals does not apply to criminal charges of animal cruelty. Currently, this has been a source of confusion for Texas courts who misapply the civil defenses to criminal charges.

 Laura Donahue is the Executive Director of Texas Humane Legislation Network, a bipartisan, political non-profit organization that lobbies for stronger animal welfare laws. When asked about the likely future of the two bills pending in the state legislature, she replied “our biggest challenge, across the board, is that the current overall political climate in this 85th legislative session is tense and this session has the second-highest number of bills filed in the history of the Texas legislature.” Nonetheless, Donahue remains very hopeful about the chances that this legislative session will see a strengthening of the animal cruelty laws. “I am feeling very optimistic. It goes with our core common values as a society that these crimes should have adequate enforcement associated with them. The conversations thus far, both with politicians and regular citizens, have been really encouraging.”

 Many Texas citizens think the state’s animal protection laws are stronger than they actually are, according to Donahue, and are surprised when they learn how difficult it actually is to criminally prosecute violent offenders. The last time animal cruelty law was strengthened in Texas was back in 2001. “Non-violent crimes in general are being penalty-reduced, which makes sense in today’s political climate, but what’s important to understand is that the most heinous animal cruelty crimes are very violent, and they are not victimless crimes. Animals and the people that love them and care for them deserve adequate protection under the law, and that’s what these amendments seek to provide.”