HB 4768

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
neutral
Individual Liberty
Digest
HB 4768 modifies the community supervision conditions that may be imposed on defendants convicted of certain animal-related offenses, including cruelty to livestock animals, cruelty to non-livestock animals, attack on an assistance animal, and dogfighting. Under the bill, a judge who grants community supervision may require the defendant to complete either an online responsible pet owner course of at least two hours or a responsible pet owner course sponsored by a qualifying municipal animal shelter.

The bill removes the existing requirement that an online responsible pet owner course be approved and certified by the Texas Department of Licensing and Regulation. It also deletes statutory language assigning TDLR responsibility for approving, certifying, administering, monitoring, auditing, and enforcing requirements for online responsible pet owner courses and course providers, including related fee and rulemaking authority.

Instead, the bill places the basic course-content requirements directly in statute. An online responsible pet owner course must include information on federal and state laws protecting livestock animals, non-livestock animals, and wildlife; animal cruelty and dogfighting laws; laws prohibiting attacks on assistance animals; responsible animal care, including spaying, neutering, tethering, and general health and safety; animal bite prevention; and laws governing dog and cat breeders under Chapter 802, Occupations Code.

The bill applies to defendants placed on community supervision on or after its effective date, regardless of when the underlying offense occurred.
Author (1)
Dade Phelan
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4768 is not expected to have a significant fiscal implication to the state. The LBB assumes that any revenue implications associated with the bill would be insignificant.

The fiscal note does not identify a measurable cost to state agencies, despite the bill’s removal of Texas Department of Licensing and Regulation approval, certification, administration, monitoring, audit, and enforcement responsibilities for online responsible pet owner courses. The note lists the Office of Court Administration, Texas Judicial Council, and the Department of Licensing and Regulation as source agencies.

For local governments, the LBB likewise anticipates no significant fiscal implication. Because the bill preserves judicial discretion to order a responsible pet owner course as a community supervision condition, while removing state certification requirements for online courses, the expected fiscal effect is minimal for both state and local government.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on HB 4768 because it moves existing law in a more limited-government direction. The bill does not create the underlying authority for judges to require a responsible pet owner course as a condition of community supervision; that authority already exists. Instead, the bill modifies that framework by removing the requirement that online responsible pet owner courses be approved and certified by the Texas Department of Licensing and Regulation and by eliminating related TDLR/TCLR responsibilities for course approval, certification, administration, fees, rulemaking, monitoring, audits, and enforcement.

The bill does not appear to grow the size or scope of government. The House committee analysis states that the bill does not expressly grant additional rulemaking authority to any state officer, department, agency, or institution. In practical terms, the bill reduces agency discretion by replacing a state-administered certification system with basic statutory course requirements. That is a meaningful improvement from a limited-government standpoint because it removes an administrative layer while preserving clear legislative direction about course content.

The bill also does not appear to increase taxpayer burden. The LBB found that no significant fiscal implication to the state is anticipated, assumed any revenue implications would be insignificant, and found no significant fiscal implication to units of local government. Because the bill primarily removes agency oversight duties rather than creating a new state program, new grant structure, or new enforcement regime, taxpayer exposure appears minimal.

The bill does not increase the regulatory burden on individuals or businesses in the ordinary sense. To the contrary, it reduces regulatory burden on online course providers by removing TDLR approval and certification requirements. The bill does require online courses to be at least two hours and to cover specified topics, including animal cruelty laws, dogfighting laws, responsible animal care, animal bite prevention, and dog and cat breeder laws. However, those statutory requirements replace a broader agency-controlled approval and certification system rather than adding a new regulatory program on top of existing law.

The chief limited-government concern is that the bill leaves intact a court-imposed educational condition within community supervision. A stricter objection would be that the state should not require corrective education at all, even after conviction, and should instead rely on restitution, ordinary supervision conditions, or existing penalties. That concern is valid as a broader critique of current law, but HB 4768 does not expand the covered offenses, does not make the condition mandatory in every case, and does not increase criminal punishment. The committee analysis specifically states that the bill does not create a criminal offense, increase punishment, or change eligibility for community supervision, parole, or mandatory supervision.

On balance, HB 4768 is best understood as a deregulatory correction to an existing supervision condition. It narrows state agency involvement, avoids new taxpayer costs, reduces administrative burdens on course providers, and leaves judicial discretion rather than imposing a universal mandate. While lawmakers could further improve the law by narrowing or repealing the underlying course-condition authority, the bill as written moves policy in the right direction.

Free Enterprise
positive
The bill improves free enterprise by removing the requirement that online responsible pet owner courses be approved and certified by the Texas Department of Licensing and Regulation. It also removes TDLR/TCLR authority over course-provider certification, fees, rules, monitoring, audits, and enforcement. That reduces barriers to entry and compliance burdens for online course providers.
Property Rights
neutral
The bill has little direct effect on private property rights. It does not regulate land use, authorize takings, restrict ownership, or impose new property-related compliance obligations. Any property-related effect is indirect because the course content may include animal care, tethering, and breeder laws, but the bill itself does not create new property restrictions.
Personal Responsibility
positive
The bill supports personal responsibility by allowing courts to require education tied directly to the defendant’s conduct, including responsible animal care, animal cruelty laws, dogfighting laws, bite prevention, and breeder laws. The course condition is aimed at offenders already convicted of animal-related crimes, not the general public.
Limited Government
positive
The bill’s strongest liberty impact is on limited government. It narrows the state’s role by removing TDLR and TCLR from the approval, certification, administration, fee-setting, rulemaking, monitoring, auditing, and enforcement of online responsible pet owner courses. The committee analysis also states that the bill does not grant additional rulemaking authority. The result is a smaller administrative footprint and less agency discretion.
Individual Liberty
neutral
The bill leaves in place a court’s ability to require a responsible pet owner course as a condition of community supervision for certain animal-related offenses. That remains a coercive condition imposed through the criminal justice system. However, the bill does not create a new offense, increase punishment, or make the course mandatory in every case. It preserves judicial discretion while reducing the state agency role behind the course requirement.
Related Legislation
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