125–5
House vote in favor of HB 285.
Unanimous
Senate vote in favor of HB 285.
Sept. 1, 2025
Effective date across the State of Texas.

The loophole HB 285 closed

Before HB 285, the Texas cruelty-to-nonlivestock-animals statute (Penal Code §42.092) reached people who acted intentionally, knowingly, or recklessly. It did not reach people who acted with criminal negligence — the gross failure to perceive a substantial and unjustifiable risk that the rest of the criminal code has covered for decades.

That gap was the loophole. So long as a daycare, boarder, trainer, or groomer could shrug and say, "I didn't mean to," prosecutors had no path to a cruelty charge — even when the harm was foreseeable and the conduct was clearly careless.

What HB 285 actually did

HB 285 amended §42.092 to add "with criminal negligence" as a culpable mental state alongside the existing standards. It also preserved a defense to prosecution for licensed veterinarians and the people assisting them while practicing veterinary medicine — so the law is aimed at negligent care, not honest medical judgment.

Who can be prosecuted now

The penalty

A conviction under the criminal-negligence standard added by HB 285 is generally a Class A misdemeanor under Texas law — punishable by up to one year in jail and a fine of up to several thousand dollars, depending on circumstances. Repeat or aggravated conduct can be charged more severely under other parts of §42.092.

Who carried the bill

HB 285 was authored by Rep. Claudia Ordaz (D-El Paso) and joint-authored by Reps. Jeff Leach, Morgan Meyer, Joe Moody, and David Cook. It was sponsored in the Senate by Sen. Royce West. Expert testimony at both the House and Senate hearings was provided by Ashley Morgan and Randy Turner on behalf of the Texas Humane Legislation Network. Maria Mecca testified before the Senate committee on behalf of Pancho's Promise.

"Under current law, families have limited recourse when their dogs or cats are injured due to such negligence. This bill seeks to ensure accountability and prevent those who act irresponsibly from endangering other pets in the future."
Rep. Claudia Ordaz, on the floor — quoted in KXAN, May 29, 2025

Read it for yourself

The official record of the bill is publicly available:

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