House Bill 285, known in testimony as “Pancho’s Law,” was presented to the Senate Committee on Criminal Justice and advanced on May 20.

Sponsor Senator John West said the bill “adds an additional multiple culpable mental state to this particular crime, criminal negligence,” so that pet-service businesses — groomers, daycares and trainers — can be criminally charged when negligence results in death or serious bodily injury to a non-livestock animal under Penal Code §42.092.

Maria Mecca, who said her dog Poncho was killed by a Dallas dog daycare, described surveillance footage and alleged deceptive conduct by the business and urged the committee to close what she called a legal loophole that allowed businesses to claim mere negligence and avoid criminal charges. “These businesses acted with impunity under the current law,” Mecca told the committee.

Supporters included the Texas Humane Legislation Network. Ashley Morgan, an attorney and board member of the network, told senators the change is not a new mens rea; it would add criminal negligence — already defined in the Penal Code — to the non-livestock cruelty statute and provide prosecutors a path to pursue criminal cases in cases supporters say are currently unprosecutable.

Why it matters: Witnesses described multiple incidents where pet service businesses allegedly caused deaths or severe injuries and then avoided criminal prosecution on the basis of negligence. Supporters said adding criminal negligence would give prosecutors a clearer standard to pursue serious cases involving pet deaths.

Committee action: The committee voted to report House Bill 285 favorably to the full Senate (recorded 4 ayes, 0 nays in the transcript) and left the bill pending.

Next steps: With a favorable committee recommendation, the bill proceeds to the full Senate for consideration. Supporters urged that the bill’s defenses (for example, a veterinarian proving an act was in the course of veterinary care) are framed as rebuttable defenses and not safe harbors for misconduct.