1-1     By:  Christian, Driver, Clark, et al.                  H.B. No. 719
 1-2          (Senate Sponsor - Moncrief)
 1-3           (In the Senate - Received from the House April 26, 1999;
 1-4     April 27, 1999, read first time and referred to Committee on
 1-5     Criminal Justice; May 11, 1999, reported favorably by the following
 1-6     vote:  Yeas 6, Nays 1; May 11, 1999, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the efficient use of police service animals; providing
1-10     criminal penalties.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Chapter 38, Penal Code, is amended by adding
1-13     Section 38.151 to read as follows:
1-14           Sec. 38.151.  INTERFERENCE WITH POLICE SERVICE ANIMALS.  (a)
1-15     In this section:
1-16                 (1)  "Area of control" includes a vehicle, trailer,
1-17     kennel, pen, or yard.
1-18                 (2)  "Handler or rider" means a peace officer,
1-19     corrections officer, or jailer who is specially trained to use a
1-20     police service animal for law enforcement, corrections, prison or
1-21     jail security, or investigative purposes.
1-22                 (3)  "Police service animal" means a dog, horse, or
1-23     other domesticated animal that is specially trained for use by a
1-24     handler or rider.
1-25           (b)  A person commits an offense if the person recklessly:
1-26                 (1)  taunts, torments, or strikes a police service
1-27     animal;
1-28                 (2)  throws an object or substance at a police service
1-29     animal;
1-30                 (3)  interferes with or obstructs a police service
1-31     animal or interferes with or obstructs the handler or rider of a
1-32     police service animal in a manner that:
1-33                       (A)  inhibits or restricts the handler's or
1-34     rider's control of the animal; or
1-35                       (B)  deprives the handler or rider of control of
1-36     the animal;
1-37                 (4)  releases a police service animal from its area of
1-38     control;
1-39                 (5)  enters the area of control of a police service
1-40     animal without the effective consent of the handler or rider,
1-41     including placing food or any other object or substance into that
1-42     area;
1-43                 (6)  injures or kills a police service animal; or
1-44                 (7)  engages in conduct likely to injure or kill a
1-45     police service animal, including administering or setting a poison,
1-46     trap, or any other object or substance.
1-47           (c)  An offense under this section is:
1-48                 (1)  a Class C misdemeanor if the person commits an
1-49     offense under Subsection (b)(1);
1-50                 (2)  a Class B misdemeanor if the person commits an
1-51     offense under Subsection (b)(2);
1-52                 (3)  a Class A misdemeanor if the person commits an
1-53     offense under Subsection (b)(3), (4), or (5);
1-54                 (4)  a state jail felony if the person commits an
1-55     offense under Subsection (b)(6) or (7) by injuring a police service
1-56     animal or by engaging in conduct likely to injure the animal; or
1-57                 (5)  a felony of the third degree if the person commits
1-58     an offense under Subsection (b)(6) or (7) by killing a police
1-59     service animal or by engaging in conduct likely to kill the animal.
1-60           SECTION 2.  Subchapter E, Chapter 826, Health and Safety
1-61     Code, is amended by adding Section 826.048 to read as follows:
1-62           Sec. 826.048.  EXEMPTION FROM QUARANTINE REQUIREMENT FOR
1-63     POLICE SERVICE ANIMALS.  (a)  In  this section, "handler or rider"
1-64     and "police service animal" have the meanings assigned by Section
 2-1     38.151, Penal  Code.
 2-2           (b)  A police service animal is exempt from the quarantine
 2-3     requirement of this subchapter if the animal bites a person while
 2-4     the animal is under routine veterinary care or while the animal is
 2-5     being used for law enforcement, corrections, prison or  jail
 2-6     security, or investigative purposes.  If after biting the person
 2-7     the animal exhibits any abnormal behavior, the law enforcement
 2-8     agency and the animal's handler or rider shall make the animal
 2-9     available within a reasonable time for testing by the local health
2-10     authority.
2-11           SECTION 3.  This Act takes effect September 1, 1999.
2-12           SECTION 4.  The importance of this legislation and the
2-13     crowded condition of the calendars in both houses create an
2-14     emergency and an imperative public necessity that the
2-15     constitutional rule requiring bills to be read on three several
2-16     days in each house be suspended, and this rule is hereby suspended.
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