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. 2-17 * * * * *