SRC-MWN H.B. 280 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 280
77R610 KEL-DBy: Christian (Whitmire)
Criminal Justice
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, cruelty to animals is a Class A misdemeanor offense.
However, there is no state law regarding improper, cruel, and injurious
behavior aimed specifically at police service animals. H.B. 280 provides
that a person commits an offense if the person acts to abuse or harm a
police service animal.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

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. (a) Defines "area of
control," "handler or rider," and "police service animal." 
 
(b) Provides that a person commits an offense if the person recklessly
performs certain acts. 

(c) Sets forth grades of misdemeanor and felony offenses under this section.

SECTION 2. Amends Chapter 826E, Health and Safety Code, by adding Section
826.048, as follows: 

Sec. 826.048. EXEMPTION FROM QUARANTINE REQUIREMENT FOR POLICE SERVICE
ANIMALS. (a) Provides that in this section, "handler or rider" and "police
service animal" have the meanings assigned by Section 38.151, Penal Code. 

(b)  Provides that a police service animal is exempt from the quarantine
requirement of this subchapter if the animal bites a person while the
animal is under routine veterinary care or while the animal is being used
for law enforcement, corrections, prison or jail security, or investigative
purposes.  Requires the law enforcement agency and the animal's handler or
rider, if after biting the person the animal exhibits any abnormal
behavior, to make the animal available within a reasonable time for testing
by the local health authority.  

SECTION 3. Effective date: September 1, 2001.