Section 42.107 - Possession Of Animal By Person Convicted Of Animal Cruelty(a) A person commits an offense if the person: (1) possesses or exercises control over an animal; and (2) within the five-year period preceding the date of the instant offense, has been previously convicted of an offense under: (A) Section 42.091, 42.092, or 42.10; or (B) federal law or a penal law of another state containing elements that are substantially similar to the elements of an offense described by Paragraph (A). (b) An offense under this section is a Class C misdemeanor, except that the offense is a Class B misdemeanor if the defendant has been previously convicted of an offense under this section. Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 173,Sec. 1, eff. 9/1/2023.