HB285

HB285 adds criminal negligence to the mental states that can support a prosecution for cruelty to nonlivestock animals. Previously, the section required intentional, knowing or reckless conduct. The bill became law without the governor’s signature on June 20, 2025, and took effect September 1, 2025. It applies only to offenses committed on or after that date; if any element occurred earlier, the former law governs. Final act · Official history

Criminal negligence is more than an ordinary mistake. Texas law requires that the person should have recognized a substantial and unjustifiable risk, and that failing to perceive it was a gross departure from the care an ordinary person would exercise in the circumstances viewed from the actor’s standpoint. Recklessness, by contrast, involves awareness and conscious disregard of such a risk. HB285 allows the former route as well; it does not make every accidental injury a crime. Penal Code Section 6.03(c)–(d)

The added mental state applies to the section’s existing nine categories of conduct: torture or cruel killing/serious injury; killing, poisoning or serious injury without the owner’s effective consent; unreasonable failures to provide necessities; unreasonable abandonment; cruel transport or confinement; bodily injury without the owner’s effective consent; causing animals to fight when either is not a dog; using a live animal as a lure in the specified dog-racing activities; and serious overwork. The section’s other requirements still apply. Final act, Section 1

The act adds a defense specifically to alleged criminal negligence for conduct during the actual discharge of duties while employed as a Texas-licensed veterinarian or as someone assisting the veterinarian. It is not a blanket exemption for intentional, knowing or reckless cruelty, and a defense is not an automatic bar to charges. Under the general defense rule, supporting evidence is required before the issue goes to the jury, and a reasonable doubt on that defense requires acquittal. New Section 42.092(d-1) · Defense procedure

The underlying section covers domesticated animals, including stray or feral cats and dogs, and previously captured wild animals; it excludes livestock and uncaptured wild animals. HB285 does not change the existing offense grades, which vary by conduct and prior convictions, or remove the section’s other defenses and exceptions. Full Section 42.092