1-1 AN ACT
1-2 relating to the creation of the offense of interference with a
1-3 police service animal and to the efficient use of police service
1-4 animals.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 38, Penal Code, is amended by adding
1-7 Section 38.151 to read as follows:
1-8 Sec. 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS. (a)
1-9 In this section:
1-10 (1) "Area of control" includes a vehicle, trailer,
1-11 kennel, pen, or yard.
1-12 (2) "Handler or rider" means a peace officer,
1-13 corrections officer, or jailer who is specially trained to use a
1-14 police service animal for law enforcement, corrections, prison or
1-15 jail security, or investigative purposes.
1-16 (3) "Police service animal" means a dog, horse, or
1-17 other domesticated animal that is specially trained for use by a
1-18 handler or rider.
1-19 (b) A person commits an offense if the person recklessly:
1-20 (1) taunts, torments, or strikes a police service
1-21 animal;
1-22 (2) throws an object or substance at a police service
1-23 animal;
1-24 (3) interferes with or obstructs a police service
2-1 animal or interferes with or obstructs the handler or rider of a
2-2 police service animal in a manner that:
2-3 (A) inhibits or restricts the handler's or
2-4 rider's control of the animal; or
2-5 (B) deprives the handler or rider of control of
2-6 the animal;
2-7 (4) releases a police service animal from its area of
2-8 control;
2-9 (5) enters the area of control of a police service
2-10 animal without the effective consent of the handler or rider,
2-11 including placing food or any other object or substance into that
2-12 area;
2-13 (6) injures or kills a police service animal; or
2-14 (7) engages in conduct likely to injure or kill a
2-15 police service animal, including administering or setting a poison,
2-16 trap, or any other object or substance.
2-17 (c) An offense under this section is:
2-18 (1) a Class C misdemeanor if the person commits an
2-19 offense under Subsection (b)(1);
2-20 (2) a Class B misdemeanor if the person commits an
2-21 offense under Subsection (b)(2);
2-22 (3) a Class A misdemeanor if the person commits an
2-23 offense under Subsection (b)(3), (4), or (5);
2-24 (4) a state jail felony if the person commits an
2-25 offense under Subsection (b)(6) or (7) by injuring a police service
2-26 animal or by engaging in conduct likely to injure the animal; or
2-27 (5) a felony of the third degree if the person commits
3-1 an offense under Subsection (b)(6) or (7) by killing a police
3-2 service animal or by engaging in conduct likely to kill the animal.
3-3 SECTION 2. Subchapter E, Chapter 826, Health and Safety
3-4 Code, is amended by adding Section 826.048 to read as follows:
3-5 Sec. 826.048. EXEMPTION FROM QUARANTINE REQUIREMENT FOR
3-6 POLICE SERVICE ANIMALS. (a) In this section, "handler or rider"
3-7 and "police service animal" have the meanings assigned by Section
3-8 38.151, Penal Code.
3-9 (b) A police service animal is exempt from the quarantine
3-10 requirement of this subchapter if the animal bites a person while
3-11 the animal is under routine veterinary care or while the animal is
3-12 being used for law enforcement, corrections, prison or jail
3-13 security, or investigative purposes. If after biting the person
3-14 the animal exhibits any abnormal behavior, the law enforcement
3-15 agency and the animal's handler or rider shall make the animal
3-16 available within a reasonable time for testing by the local health
3-17 authority.
3-18 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 280 was passed by the House on May 5,
2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 280 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor