HBA-KMH H.B. 719 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 719 By: Christian Public Safety 4/5/1999 Introduced BACKGROUND AND PURPOSE Currently, there is no law that allows the police to arrest someone specifically for causing injury to or the death of a police service animal. H.B. 719 creates an offense if a person acts without authorization to affect or otherwise harm a police service animal. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 38, Penal Code, by adding Section 38.151, as follows: Sec. 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS. Defines "area of control," "handler or rider," and "police service animal." Provides that it is a Class C misdemeanor if a person taunts, torments, or strikes a police service animal. Provides that it is a Class B misdemeanor if a person throws an object or substance at a police service animal. Provides that it is a Class A misdemeanor if a person: _Interferes with or obstructs a police service animal or the handler or rider in a manner which inhibits or restricts the handler's or rider's control of the animal or deprives the handler or rider of control of the animal; _Releases a police service animal from its area of control; _Enters the area of control of a police service animal without the effective consent of the handler or rider, including placing food or any other object or substance into that area. Provides that it is a state jail felony if a person injures or engages in conduct likely to injure a police service animal, including administering or setting a poison, trap or any other object or substance. Provides that it is a felony of the third degree if a person kills or engages in conduct likely to kill a police service animal, including administering or setting a poison, trap or any other object or substance. SECTION 2. Amends Subchapter E, Chapter 826, Health and Safety Code, by adding Section 826.048, to assign the meanings of "handler or rider" and "police service animal" to the meanings set forth in Section 38.151, Penal Code. Provides an exemption for police service animals from mandatory quarantine if the animal bites a person while the animal is under regular veterinary care and is acting in the course and scope of its official duties. Requires the law enforcement agency and the animal's handler or rider to make the animal available within a reasonable time for testing by the local health authority. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.