By Christian, Driver, et al. H.B. No. 719 76R2489 KEL-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the efficient use of police service animals. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 38, Penal Code, is amended by adding 1-5 Section 38.151 to read as follows: 1-6 Sec. 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS. (a) 1-7 In this section: 1-8 (1) "Area of control" includes a vehicle, trailer, 1-9 kennel, pen, or yard. 1-10 (2) "Handler or rider" means a peace officer, 1-11 corrections officer, or jailer who is specially trained to use a 1-12 police service animal for law enforcement, corrections, prison or 1-13 jail security, or investigative purposes. 1-14 (3) "Police service animal" means a dog, horse, or 1-15 other domesticated animal that is specially trained for use by a 1-16 handler or rider. 1-17 (b) A person commits an offense if the person recklessly: 1-18 (1) taunts, torments, or strikes a police service 1-19 animal; 1-20 (2) throws an object or substance at a police service 1-21 animal; 1-22 (3) interferes with or obstructs a police service 1-23 animal or interferes with or obstructs the handler or rider of a 1-24 police service animal in a manner that: 2-1 (A) inhibits or restricts the handler's or 2-2 rider's control of the animal; or 2-3 (B) deprives the handler or rider of control of 2-4 the animal; 2-5 (4) releases a police service animal from its area of 2-6 control; 2-7 (5) enters the area of control of a police service 2-8 animal without the effective consent of the handler or rider, 2-9 including placing food or any other object or substance into that 2-10 area; 2-11 (6) injures or kills a police service animal; or 2-12 (7) engages in conduct likely to injure or kill a 2-13 police service animal, including administering or setting a poison, 2-14 trap, or any other object or substance. 2-15 (c) An offense under this section is: 2-16 (1) a Class C misdemeanor if the person commits an 2-17 offense under Subsection (b)(1); 2-18 (2) a Class B misdemeanor if the person commits an 2-19 offense under Subsection (b)(2); 2-20 (3) a Class A misdemeanor if the person commits an 2-21 offense under Subsection (b)(3), (4), or (5); 2-22 (4) a state jail felony if the person commits an 2-23 offense under Subsection (b)(6) or (7) by injuring a police service 2-24 animal or by engaging in conduct likely to injure the animal; or 2-25 (5) a felony of the third degree if the person commits 2-26 an offense under Subsection (b)(6) or (7) by killing a police 2-27 service animal or by engaging in conduct likely to kill the animal. 3-1 SECTION 2. Subchapter E, Chapter 826, Health and Safety 3-2 Code, is amended by adding Section 826.048 to read as follows: 3-3 Sec. 826.048. EXEMPTION FROM QUARANTINE REQUIREMENT FOR 3-4 POLICE SERVICE ANIMALS. (a) In this section, "handler or rider" 3-5 and "police service animal" have the meanings assigned by Section 3-6 38.151, Penal Code. 3-7 (b) A police service animal is exempt from the quarantine 3-8 requirement of this subchapter if the animal bites a person while 3-9 the animal is under routine veterinary care or while the animal is 3-10 being used for law enforcement, corrections, prison or jail 3-11 security, or investigative purposes. If after biting the person 3-12 the animal exhibits any abnormal behavior, the law enforcement 3-13 agency and the animal's handler or rider shall make the animal 3-14 available within a reasonable time for testing by the local health 3-15 authority. 3-16 SECTION 3. This Act takes effect September 1, 1999. 3-17 SECTION 4. The importance of this legislation and the 3-18 crowded condition of the calendars in both houses create an 3-19 emergency and an imperative public necessity that the 3-20 constitutional rule requiring bills to be read on three several 3-21 days in each house be suspended, and this rule is hereby suspended.