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Relating to the protection of animal and crop facilities; creating
a criminal offense.
No significant fiscal implication to the State is anticipated.
SB 1884 would create an offense if a person: (1) intentionally causes the loss of an animal or crop from an animal or crop facility without the consent of the owner or operator; (2) damages, vandalizes, or steals property on or from an animal or crop facility; (3) breaks and enters into an animal or crop facility with the intent to obtain unauthorized possession of records, data, materials, equipment, animals, or crops; (4) knowingly obtains control by theft or deception or exerts unauthorized control over any records, equipment, animals, or crops; or (5) enters or remains on an animal or crop facility with the intent to commit an act prohibited under this bill's provisions. An offense under these provisions would be a Class B misdemeanor if the actor causes a loss in an amount of $2,500 or less, or a Class A misdemeanor if the loss is more than $2,500. However, the actor's conduct does not constitute an offense under the bill's provisions if the actor causes a loss in an amount less than $500.
This bill would also provide for mandatory restitution and injunctive relief.
Texas Action remains neutral on SB 1884 because it does not affect our liberty principles. That said, we do appreciate the approach of this bill which requires criminal intent in order for an offense to be committed.